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A Collection of Newfoundland Wills
(C)
Mary Bulley Clapp

 

Will of Mary Bulley Clapp, from Newfoundland will books volume 15 pages 247 & 248 probate year 1930

IN RE.          DECEASED

          MARY BULLEY CLAPP

THIS IS THE LAST WILL AND TESTAMENT of me MARY BULLEY CLAPP of Burnside Whitchurch in the County of Devon Spinster.

  1. I appoint my Brother Robert Clapp and my Brother William Mainwaring Clapp to be the EXECUTORS and TRUSTEES of this my will
  2. I declare that in the interpretation of this my will the expression "my trustees" shall (where the context permits) mean and include the trustees for the time being hereof whether original or substituted and I appoint my trustees to be trustees hereof for all purposes of the Settled Land Acts 1882-1890 and section 42 of the Conveyancing and Law of Property Act 1881.
  3. I bequeath the following pecuniary legacies
    (a) To my brother Robert Clapp the sum of six hundred pounds
    (b) To my niece Georgiana Mary Hocken daughter of my late sister Jessie Hocken the sum of Four hundred pounds.
    (c) To my niece Jessie Mabel Class daughter of my said late sister Jessie Hocken the sum of One hundred and fifty pounds.
  4. I give devise and bequeath to my said brother William Mainwaring Clapp his heirs Executors administrators and assigns absolutely all my share or shares estate and interest bequeathed to me by my late Uncle John Squarey Clapp of and in the land shops and premises situate in Water Street and Duckworth Street Saint John's in the Island of Newfoundland and in the event of my said brother predeceasing me then I give devise and bequeath the same unto such of the children of my said brother as shall be living at my decease in equal shares as tenants in common.
  5. I give devise and bequeath unto my said trustees their heirs Executors administrators and assigns all my monies and investments of whatsoever description and wheresoever invested after paying thereout the aforesaid legacies my just debts funeral and testamentary expenses Upon Trust to apply the income arising there from for the use and benefit of my sister Margaret Clapp during her lifetime and on her decease I give and devise the same (capital as well as income) to my said Brother William Mainwaring Clapp his heirs Executors administrators and assigns absolutely but in case the said William Mainwaring Clapp shall predecease me or my said sister then I give and devise the same (capital as well as income) on my sisters decease unto such of the children of my said Brother William Mainwaring Clapp as shall be living at my decease in equal shares as tenants in common.
  6. All the rest residue and remainder of my real and personal estate whatsoever and wheresoever situate including any furniture pictures prints plate linen silver books and other household and personal effects belonging to me at my decease together with any property of any description which may come to me at any future period under the will of any member of my family I give and bequeath to my said Brother William Mainwaring Clapp absolutely and in the event of my said Brother predeceasing me then I give and bequeath the same unto such of the children of my said brother as shall be living at my decease in equal shares as tenants in common.

IN WITNESS whereof I have hereunto set my hand this 24th day of July one thousand nine hundred and twenty five.

M.B. CLAPP

SIGNED by the said Mary Bulley Clapp as her last will in the presence of us present at the same time who at her request in her presence and in the presence of each other have subscribed our names as attesting witnesses.
W.J. MARTYN WIVELL          Solicitor Tavistock
H.M.W. MOORE                        His clerk.

I MARY BULLEY CLAPP of Downside Whitchurch in the County of Devon Spinster declare this to be a FIRST CODICIL to my will which bears date the twenty fourth day of July One thousand nine hundred and twenty five Whereas by my said will I have appointed my Brother Robert Clapp to be an Executor and Trustee thereof together with my brother William Mainwaring Mainwaring referred to in the said will as William Mainwaring Clapp and whereas by my said will I have bequeath a legacy of four hundred pounds to Georgiana Mary Hockan and also a legacy of One hundred and fifty pounds to Jessie Mabla Class and whereas my said brother Robert Clapp died on the twenty seven day of January One thousand nine hundred and thirty.
(1) Now I hereby revoke the appointment of my said brother Robert Clapp as Executor and Trustee of my said will and appoint my nephew Ray Mainwaring Mainwaring formerly called Ray Mainwaring Clapp to be EXECUTOR  and TRUSTEE thereof in place of my said Brother Robert Clapp and I declare that my said will shall be construed as if the name of the said Ray Mainwaring Mainwaring were substituted therein for the name of my said brother Robert Clapp and I further appoint my said Brother William Mainwaring Mainwaring and my said nephew Ray Mainwaring Mainwaring to be trustees of my said will for all the purposes of the settled Land Act 1925
(2) I hereby revoke the bequest of the legacy of Four Hundred Pounds to Georgiana May Hocken and in lieu thereof and in substitution therefore bequeath to her a legacy of One hundred pounds
(3) I hereby revoke the bequest of the legacy of One hundred and fifty pounds to Jessie Mabla Class and in lieu thereof and in substitution therefor bequeath to her a legacy of One hundred pounds
(4) In all other respects I confirm my said will
IN WITNESS whereof I have hereunto set my hand this twenty sixth day of April one thousand nine hundred and thirty.

M.B. CLAPP

Signed by the said Mary Bulley Clapp as a codicil to her will which bears date the twenty fourth day of July 1925 in the presence of us present at the same time who at her request and in such joint presence have hereunto subscribed our names as witnesses.

IDA F. MAINWARING          Whitchurch Devon Narries Richard?
W. H. ??? M.D.                         "Panrya" Watts Rd Tavistock Devon.

Correct

William F Lloyd

Registrar of the Supreme Court of Newfoundland

 

Written in the top right-hand margin of page 247:
Fiat
W. H. Horwood
C.J.
Aug 25/30
Resealed on
the 25th day
of August
A.D.
1930
Value of Est
$10,785.50

 

 

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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