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Will of Hugh Gemmel from Newfoundland will books volume 5 pages 303-309 probate year 1888. Last will and Testament I Hugh Gemmel of St. John's Newfoundland Boiler Maker and Engineer at present temporarily residing at Two hundred and ninety six Dumbatton Road Glasgow Scotland, being desirous to provide for the management and disposal of my means and estate after my death and having full trust and confidence in the persons after named for executing the trust hereinafter reposed on them, do therefore give, grant, assign and dispose and devise legate bequeath and to and in ?? Sir Robert Thorburn Premier of St. John's Newfoundland. A. M. MacKay a member of Her Majesty's Assembly in St. John's Newfoundland, and John Cook Manager of the Commercial Bank St. John's Newfoundland and the acceptors and survivors and acceptor & survivor of them, and the heir of the last survivor and to such other person or persons as shall be assumed into the Trust, as trustees and trustee for the purposes after specified the major number of the said trustees original and assumed accepting accepting and surviving, and resident within Great Britain at the time, being always a quorum (the said trustees above named or to be assumed as aforesaid, and their foresaids being throughout these presents designated "My Trustees.") All and sundry the whole heritable and moveable and real and personal means and estate now belonging and owing to me, or that shall belong and be owing to me at the time of my death including Inter Alia the business stock in trade, buildings, ground & whole other estate and effects belonging to me, at St. John's Newfoundland or elsewhere abroad, with the whole writs vouchers and instructions of and concerning my said means and estate, and all that has followed or that may be competent to follow thereon: And I hereby nominate and appoint my trustees and the acceptors and survivors and acceptor and survivor of them, the major number as aforesaid being always a quorum, to be my sole executors and executor and also tutors and curators and tutor and curator to such of the beneficiaries under this settlement or any codicils thereto as may be in pupilarity or minority at or after my decease; That these presents are granted and shall be accepted in trust always for the following purposes. Viz
Declaring that if any of the said residuary legatees shall predecease me leaving lawful issue, such issue shall succeed to the share or shares to which their parent would have been entitled had he or she survived me and that if any of said residuary legatees shall predecease me without leaving lawful issue, the share or shares which would have devolved upon such predeceasing legatee had he or she survived shall be divided among the remaining and surviving legatees or their issue per stirpes in proportion to their original interest or shares in the residue of my estate And declaring further that if any of said residuary legatees shall be under twenty one years of age at the time the residue of my estate is divided my trustees shall retain in their own hands the share or shares of such minor residuary legatee until he or she shall attain majority when the same shall be payable to him or her, the annual income of said share or shares or part thereof and also if necessary part of the capital being until then applied in the discretion of the trustees in the maintenance, upbringing and education or otherwise for behoof of such minor residuary legatee; and it is hereby provided and declared that the whole provisions hereby made, in as far as they are in favor of females, are and shall be payable upon their own respective receipt, and so far as in liferent shall be strictly alimentary and shall be exclusive always of the jus manti and right of administration of any husbands they have married or may marry and shall not be affectable by the debts or deeds of such husbands nor be subject to the diligence of their own or their husbands creditors; and I hereby empower my trustees to sell and dispose of all or any part or parts of the trust funds and estate to any person or persons they may think fit including any of the beneficiaries under the trust hereby created and to grant conveyances containing a clause bounding said trust estate and the parties beneficially interested therein in absolute warrendice and all other usual and necessary clauses. Declaring that the persons who as debtors, borrowers, purchasers, or lenders shall pay to my trustees any sum or sums of money shall not be bound or have right to see to the application and reinvestment thereof, but the discharge of my trustees shall be sufficient exoneration, with power also to appoint one or more of themselves or of others to be factors or law agents to the trust, and to allow such factors suitable remuneration for their trouble and such law agents the usual professional fees Dated the 17th July 1888
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