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A Collection of Newfoundland Wills
(B)
George Henry Blaxter

 

Will of George Henry Blaxter, from Newfoundland will books volume 15 pages 253 to 255 probate year 1930

IN RE.          DECEASED

          GEORGE HENRY BLAXTER

LAST WILL AND TESTAMENT
of
GEORGE HENRY BLAXTER

I, George Henry Blaxter of the Borough of Beaver, County of Beaver and state of Pennsylvania, do hereby make, publish and declare this my Last Will and Testament, hereby revoking and making null and void any and every will or testamentary writing in the nature thereof and any and every part thereof, heretofore made by me.

Item 1. I direct that all my just debts and obligations be fully paid and discharged by my Executors hereinafter named as soon as may be after my decease.
Item 2. I give, devise and bequeath the tract of land situate on Grand River, Codroy County, Newfoundland on which my fishing lodge is located, to my wife, Gertrude G. Blaxter and with the express wish that it should be bequeathed to Robert H. Blaxter, son of my son, Henry Vaughan Blaxter, if my said wife shall be possessed of the same at the time of her death, but my wish in this respect shall be in no sense be considered or be a restriction upon the absolute ownership in my said wife of said property or upon the right of my wife to dispose of the same either during her life or by will in any manner or to any person.
Item 3. I give and bequeath to my wife, Gertrude G. Blaxter all my prizes to have and to hold the same during her natural life and at her death to my son, Henry Vaughan Blaxter, absolutely.
Item 4. I give and bequeath to my wife, Gertrude G. Blaxter all of my furniture, house furnishings, household goods and effects, including my fishing rods, reels and tackle, to have to hold the same to her absolutely.
Item 5. I give and bequeath to my son, Henry Vaughan Blaxter, all of my firearms to have and to hold the same absolutely.
Item 6. All the rest, residue and remainder of my estate of whatsoever nature or wheresoever situate, I give, devise and bequeath unto Henry Vaughn Blaxter and Gertrude G. Blaxter, their heirs, executors, administrators, successors and assigns, to have and to hold the same forever; in trust, nevertheless, and upon the uses and trusts and for the purposes following, namely:
(a) To hold, manage, invest and, from time to time, reinvest the same in such good and productive securities as to produce the surest and most stable income, without being limited to the investments authorized by law for trust estates, and to receive and collect the income arising therefrom.
(b) To pay over to my wife, Gertrude G. Blaxter, for and during her natural life the sum of Four hundred and sixteen dollars and sixty six cents (416.66) monthly free and clear of the contracts, debts and liabilities of my said wife and of all liens, attachments and executions, and without the power and without the power to pledge, alienate or anticipate the same, and should the income from my estate be at any time lower than that amount, the trustee or trustees of my estate are hereby authorized, empowered and directed to supplement the deficiency out of and from the principal of the trust estate.
(c) After the payments made to my wife, Gertrude G. Blaxter, as herein before mentioned, to pay over during the lifetime of my said wife, the balance of any of the net income of my said estate to my three children, Ida Gertrude Atterholt, Kathleen Evelyn Fuller and Henry Vaughan Blaxter to each an equal one third part of the said balance of income, in monthly instalments for and during the term of the natural life of each of such children, without being subject to any degree or manner to the order, intervention or control of the husband of any such child or of any creditor of herself or her husband and without the power to alienate pledge or anticipate the same.
(d) From and after the death of my wife, Gertrude G. Blaxter, to pay over the entire net income, revenue and interest of my estate to my three children, if then living, in the proportion and manner hereinbefore set forth and subject to the limitation contained in the next succeeding paragraph. In the event of the decease of any of my said three children leaving no lawful issue surviving, the share or proportion of such deceased child in the net income of my estate shall become payable and be paid to the survivors or survivor of them, share and share alike.
(E) IN the event of the decease of any of my said three children, leaving lawful issue surviving, to pay such deceased childs share in the net income of my estate to the lawful issue of such deceased child (the issue if any, to take the same share that their deceased parent would have taken if so living, by right of representation) for and during the lifetime of the survivors or survivor of my said three children.
(F) Upon the death of my said wife, Gertrude G. Blaxter, and of the survivor of my three children, the principal of the said trust fund and all earnings and accumulations thereon then in the hands of the said trustees or their successors or successor in the trust, shall be distributed per capita to the issue then living of such child or children or the lawful issue of such as may have died, for their own use and benefit forever.
Item 7. It is my express and desire, and I so direct, however, that should any of my said three children, through necessity or adversity at any time, be in greater need than the others, that the proportion of the income of such child or children be increased and that that of other or others be rateably reduced until such time as the necessity of such child or children shall cease, and such adjustment of interest shall be entirely within the discretion of the trustees or trustee of my estate.
Item 8. I hereby expressly authorize and empower my executors and trustees hereunder, jointly agreeing and consenting thereto, but not otherwise, to hold and retain any investment of which I may die possessed and especially to retain my interest in the oil producing property in Elk County, Kansas managed by Blaxter and Mitchell Trustees, with the same powers and with like effect as if they were the joint owners thereof and without liability by reason of the fact that the said investments are not legal investments for trustees under the laws of the Commonwealth of Pennsylvania or any other jurisdiction and by like joint agreement and consent but not otherwise, to invest, reinvest, alter, vary and change investments from time to time at their joint discretion, not being confined or restricted however to what are known to the law as legal investments and without liability by reason of the fact that such investments are not legal investments for trustees under the laws of the Commonwealth of Pennsylvania or any other jurisdiction.
I do hereby fully authorise and empower the trustees above named, or any successor in said trust, to sell, convey and dispose of any property real or personal that I may have at the time of my decease, and to make good and valid instruments of transfer thereof or any part thereof or any right therein for the purposes aforesaid (and no purchaser shall be bound to see to the application of the purchase money or consideration paid therefor) and also to change the investments from time to time and as often as the said trustees for the time being may think proper for the and and purposes above mentioned.
I do hereby constitute and appoint my wife, Gertrude G. Blaxter and Henry Vaughan Blaxter as executors and trustees under this my will and in the event of the death, inability or refusal of either or both of them to act as such executors or trustees, I do hereby constitute and appoint the Fidelity Title and Trust Company of Pittsburgh as joint or sole executor or trustee as the necessity may be.
IN TESTIMONY WHEREOF I, the said George Henry Blaxter have hereunto set my hand and seal this 22nd day of December November one thousand nine hundred and twenty one  .   three
Dates changed by me
G. H. Blaxter                    GEORGE HENRY BLAXTER (seal)

The foregoing was signed, sealed, published and declared by said George Henry Blaxter to be his Last Will and Testament in our presence, who at his request and in his presence and in the presence of each other, have hereunto set our hands as witnesses thereof, the day and year last above written.
Margaret R. Robertson                    Margaret G. Gilbert.

January 26th 1925

If at some future time an income shall be derived from the capital invested in the oil property known at this date as the Elk Petroleum Company of Howard, Kansas, formerly the Blaxter-Mitchell Syndicate same is to be divided equally between my wife and my three children hereinbefore named or their heirs or assigns, as follows.
          One-quarter to Gertrude G. Blaxter, wife.
          "          "          "          Kathleen E. Fuller, daughter.
          "          "          "          Ida B. Atterhold, daughter.
          "          "          "          Henry Vaughan Blaxter, son.
the above was not embedded in the original writing of the attached will because it was my desire to treat this oil property, owing to its uncertainties, as a separate investment or asset.
George Henry Blaxter.

Correct

William F Lloyd

Registrar of the Supreme Court of Newfoundland

 

Written in the top right-hand margin of page 253:
Fiat
W. J. Higgins
Judge
Sept 9/30
administration
granted The Eastern
Trust Co
on the
9th day of Sept
A.D. 1930
Value of Estate
$2700.00

 

 

Page Contributed by Judy Benson, Sheila Tiberio & Transcribed by Lenora Cooper

Page Revised by Ivy F. Benoit (Sunday January 21, 2018)

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