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Will of Edwin Gilchrist Gibb
from Newfoundland will books volume 12 pages 474
to 480 probate year 1923
In re
EDWIN GILCHRIST GIBB. DECEASED.
Register of Deeds, &c
Books
of Council and Sessions.
At Edinburgh the Twelfth day of January, One thousand nine hundred and
twenty three the DEED hereinafter engrossed was presented for registration
in the Books of the Lords of Council and Session for preservation and is registered
in the said Books as follows:
I, Edwin Gilchrist Gibb, Manufacturer, Johnshaven, and presently residing
at Barns of Craig, Montrose, in order to regulate the succession to my
means and estate after my death do hereby give, grant assign, dispone, convey
and make over to and in favour of James Mackie, presently Agent at the Albert
Square Barnch Dundee of the North of Scotland and Town and County Bank Limited,
Andrew Millar Farmre, The Laws, Kingennie, Dundee and Hugh
Hanton Soutar, Solicitor,
Montrose and such other person or persons as I may hereafter nominate or appoint
to act in the trust hereby created or as may be assumed therein, and the acceptors,
and acceptor, survivors and survivor of the persons above named or to be
named or assumed as aforesaid as Trustees and Trustee for the purposes aftermentioned
(the said Trustees and their foresaids being throughout these presents
denominated “my
Trustees”) and the Assignees of my Trustees ALL and SUNDRY the
whole means and estate heritable and moveable, real and personal of whatever
kind or denomination or wheresoever situated at present belonging or addebted
or which may belong or be addebted to me or over which I may have power
of disposal at the time of my death together with the whole vouchers and
instructions, writs, titles and securities of and concerning my said menas
and estate before conveyed to them and all that has followed or may be
competent to follow thereon; but that in trust only for the ends, uses
and purposes aftermentioned:
(In the first place) For payment of all my
just and lawful debts, sickbed and funeral charges and the expenses of
executing this trust:
(In the second place)
I direct my Trustees as soon as convenient to them after my death to pay
to the said James Mackie and Andrew Millar the sum of Fifty pounds Sterling
each and to the said Hugh Hanton Soutar the sum of One
hundred pounds Sterling with interest thereon at the rate of five per centum
per annum from six months after my death till paid and all free of legacy
and other Government duty and free also of the expense of settling such
duties, which legacies shall not deprive the recipients of any of the rights
or privileges of gratuitous Trustees:
(In the
third place) I direct my Trustees to pay to my Wife Mrs Jean farquhar
or Gibb the sum of Fifty pounds and to each of my daughters Ethel
Elizabeth Sivewright Gibb and Nora Gilruth Gibb or Mitchell the
sum of Twenty five pounds for mourning:
(In
the fourth place) I direct my Trustees to give, grant, assign, dispone,
convey and make over to and in favour of my said wife and her heirs the
Farm of Barns of Craig belonging to me and situated in the Parish of Craig
and County of Forfar together with the farm dwelling house and other erections
thereon being the whole lands and others particularly described in a Disposition
in my favour granted by the Trustees of the late Edward Millar of
Rossie dated sixth and eighth November Nineteen hundred and twenty two
and recorded in the Division of the general register of Sasines applicable
to the County of Forfar on Seventeenth November Nineteen hundred and twenty
two:
(In the fifth place) I leave and bequeath to my said wife the whole
household furniture, bed and table linen books, silver plate, pictures,
jewellery, and whole personal effects and generally everything of domestic
use or ornament so far as belonging to me in or about my dwelling house
at the time of my death:
(in the sixth place) I direct my trustees
to set apart and hold Fourt thousand five hundred pounds five per cent
War Stock Nineteen hundred and twenty nine Nineteen hundred and forty seven
belonging to me and to pay the annual income thereof to my daughter the
said Ethel Elizabeth Sivewright Gibb for her alimentary liferent use only
and not liable to her debts or deeds or the diligence of her creditors
and upon the death of the said Ethel Elizabeth Sivewright Gibb I
direct my trustees to account for and make over the capital of said Four
thousand five hundred pounds five per cent War Stock five
per cent to and in favour of such of her children as shall survive
her equally between them share and share alike jointly with the issue per
stirpes of such of them as may predecease her leaving issue who survive
her:
(In
the seventh place) I direct my trustees to set apart and hold Four thousand
five hundred pounds five per cent War Stock Nineteen hundred and twenty
nine Nineteen hundred and Forty Seven belonging to me the annual income
thereof to my daughter the said Norah Gilruth Gibb or Mitchell for her
alimentary liferent use only and not liable to her debts or deeds or the
diligence of her creditors nor subject to the Jus Marita and right of administration
of her husband and upon the death of the said Nora Gilruth Gibb
or Mitchell I direct my Trustees to account for and make over the capital of said Four
thousand five hundred pounds five per cent War Stock to and in favour of
such of her children as shall survive her equally between them share and
share alike jointly with the issue per stirpes of such of them as may predecease
her leaving issue who survive her:
(In
the eighth place) I direct my trustees to give, grant, assign, dispone,
convey, and make over to her and in favour of
- (first) my eldest son Edwin Farquhar Gibb and his heirs the Flax Mill
at Stonehaven belonging to me and known as Invercarren Works,
Stonehaven, together with the whole machinery, plant fixtures and
fittings of every kind employed therein or belonging thereto together
also with the business carried on by me therein for which my said
son shall not have to pay any sum in name of Goodwill:
- (second) my sons James Gilchrist Gibb Patrick Gilchrist Gibb and David
Buchan Gibb equally between them and the survivor of them
the Flax Mills at Johnshaven belonging to me including all warehouses
and storage buildings and sheds adjoining same or used in connection
therewith, with
all the whole machinery
plant, fittings and fixtures of every kind employed therein or belonging
thereto together also with the business carried on by me therein
for which my said sons shall not have to pay any sum in name of Goodwill:
- (third) my said daughter Norah Gilruth Gibb or Mitchell and
her heirs the dwelling house belonging to me and known as Rangoon Cottage,
Johnshaven:
- (fourth) my son the said James Gilchrist Gibb and
his heirs the dwelling house recently erected by me at Johnshaven and
known as the Bunglow, and pertinents
thereof:
(In the ninth place) I direct my Trustees
to set apart and hold the Five hundred pounds Sterling and to
pay or apply the annual income thereof to or for behoof of my granddaughter Lois Elizabeth Smith until
she attains the age of twenty one for her alimentary liferent use only
and not liable to her debts and deeds or the diligence of her creditors
and on her attaining the age of twenty one years I direct my Trustees
to pay the said sum of Five hundred pounds to her as her absolute property
and further I direct my Trustees to allow to my said grandchild Lois Elizabeth Smith until
she attains the age of twenty one years the liferent use of the dwelling
house belonging to me and known as Number Thirty four Victoria Street,
Stonehaven with the pertinents thereof but that for her alimentary use
only not subject to her debts and deeds nor liable to the diligence of
her creditors but under the burden always of payment by her so long as
she shall enjoy the said liferent of all feu duty, rates, taxes, insurance
premiums and of all necessary repairs for the said dwelling house and
on my granddaughter Lois Elizabeth Smith attaining the
age of twenty one years then I direct my Trustees to convey the said
dwelling house to her as her absolute property and in the event of my
said grand daughter dying before attaining the age of twenty one years
then said dwelling house shall form part of the residue of my estate
and shall be divided by my Trustees accordingly:
(In the tenth place) I direct my Trustees
to set apart and hold Five hundred pounds and to pay or apply the annual
income thereof to or for her behoof of my grand daughter Betty
Mitchell daughter of my said daughter Norah Gilruth
Gibb or Mitchell until she
attains the age of twenty one years for her alimentary liferent use only
and not liable to her debts or deeds or the diligence of her creditors
and on her attaining the age of twenty one years I direct my Trustees
to pay the said sum of Five hundred pounds to her as her absolute property:
(In the eleventh place) I direct my Trustees to cancel and discharge
any debt which may be due to me by my son Douglas Farquhar Gibb at the
time of my death and I direct that any bills or bonds which may be granted
in my favour by my said son be duly cancelled and discharged and delivered
up to the said Douglas Farquhar Gibb and
(in the last
place) After fulfilling or providing for the foregoing purposes I direct
my Trustees to realize the whole residue and retainder of my estate and
means before conveyed to them and from time to time as they may be able
and shall think proper account for and pay over the said residue to my
sons the said Edwin Farquhar Gibb, James Gilchrist Gibb, Patrick
Gilchrist Gibb David Buchan Gibb and Douglas Farquhar
Gibb equally between them
share and share alike and the survivors and survivor of them jointly
with the lawful issue per stirpes of such of them as may predecease me
leaving lawful issue who survive me:
And for the guidance of
my Trustees I acknowledge that most of the household furniture in my
dwelling house is the property of my wife and that the whole Agricultural
Produce, Live Stock, Farm plant and implements and
plant and others at Barns of Craig Farm are the property
of my said son Douglas Farquhar Gibb who is the tenant of the said Farm:
And I declare that the foresaid provisions in favour of my said wife
and children are and shall be in full of all that she or they can claim
by or through my decease in respect of Jus Relictal and legitim or any
other legal claims competent to them and in the event of my said wife
or any of my children repudiating the provisions in their favour and
claiming their legal rights the party so claiming shall forfeit and in
case of children not only for themselves but also for their issue all
right to the provisions in his, her of their favour under these presents,
and further that if my son Patrick Gilchrist Gibb claim
his legal rights then not only shall he forfeit all rights to the provisions
in his favour under these presents but from his legal shall be deducted
the sum of Four thousand two hundred pounds which he acquired from me
during my lifetime and specially provide and declare that my Trustees
shall pay out of my said means and estate before conveyed to them succession
duty and any other Government duties which may be exigible in respect
of the succession of the beneficiaries to the subjects before bequeathed
them:
And I empower my Trustees to pay any sum falling by virtue of these
present to anyone who may be in pupillarity or minority when the same
become payable, to the guardian or guardians of such beneficiary, or
to any other person or persons who may be acting or willing to act as
guardian or guardians to such beneficiary, although not legally appointed
whose receipts for the same respectively shall be sufficient discharges
to my Trustee: An also, if my Trustees in their discretion shall think
proper to retain any capital sum falling to any beneficiary who may be
in pupillarity or minority when the same becomes payable until such beneficiary
attains majority, or for such other shorter period as my Trustees shall
think proper, and while they retain any such sum in virtue of this power
they may pay to or apply for behoof of the beneficiary the income or
part of the income of such capital sum in such manner as my Trustees
shall think proper. And I provide and declare that the whole bequests
hereby made so far as in favour of or descending upon females shall be
expressly exclusive of the jus meriti right of administration curatorial
power and of courtesy and all other right whatsoever of husbands and
shall not be affectable by the debts and deeds of such husbands or by
diligence of their creditors and that the receipts or discharges of such
females alone, without the consent of their husbands shall be sufficient
discharges to my Trustees:
And I hereby nominate and appoint my Trustees
to be my sole Executors; And I hereby confer upon my Trustees all requisite
powers for carrying out the purposes of this Trust and of any Codicil
which I may make hereto and particularly but without prejudice to said
generality, I empower my Trustees to continue the investments in which
my said means are placed at the time of my death or any of them; As also
to sell the Trust Estate or any part thereof by public roup or private
bargain, and to borrow on the security of any part or parts of my said
estate declaring always that it shall be no obstacle or objection to
a purchaser of any part of my Trust Estate that he or she is one of my
Trustees or a beneficiary under these presents; And I specially provide
and declare that when ever it shall be necessary in connection with the
affairs of the Trust that my Trustees shall exercise any discretionary
powers, whatever decision or resolution that may act upon shall be final
and binding upon all parties interested, either directly or indirectly,
and their acting shall not be liable to be called in question upon any
ground whatever, except fraud; And I declare that all persons who shall
pay to my Trustees any sum of money shall be in no ways concerned with
the application of the same, or with any of the conditions or provisions
hereof, but shall be sufficiently exonerated by any deed or writing containing
an acknowledgment or receipt by my Trustees; And I empower my Trustees
to settle by arbitration all disputed claims competent to or against
the Trust Estate and to compromise any such claim and take or give part
for the whole of any doubtful debt;
And I hereby authorize
and empower my Trustees to appoint either one of their own number or
any other person to be their Factor and Law Agent and to allow him professional
remuneration for his services to the same extent as if he were not also
acting as Trustee, any law or practice to the contrary notwithstanding;
And I declare that my Trustees shall be entitled to the fullest powers,
privileges and immunities usually conferred in such cases and according
to the most liberal interpretation and particularly without prejudice
to said generality they shall not be liable for omissions or singuli
in solidum but each for his own actuall intromissions only nor shall
they be liable for any intromissions of any factor or Law Agent to be
appointed by them or for any loss which may arise from depreciation in
value or failure of the securities in which the Trust funds are invested;
And I reserve my own liferent use and enjoyment of the premises, with
full power to alter, innovate or revoke these presents in whole or in
part at any time of my life; And I revoke all previous settlements executed
by me; And I consent to registration hereof for preservation.
IN
WITNESS WHEREOF these presents these
presents consisting of this and the five preceding pages are
hereunder the declarations that the word “Smith” is interlined
so as to read between the words “Elizabeth” and “Attaining” occurring
in the sixteenth line counting from the top of page third hereof and
that the word “in” occurring in the seventeenth
line counting from the top of page fourth hereof is delete before subscription
subscribed by me at Barns of Craig, Montrose on the seventh day of December
Nineteen hundred and twenty two before these witnesses Jonanathan, Marnoch,
joiner in my employment and residing at Thirty four Victoria Street,
Stonehaven and Sarah McMillan Domestic servant in my employment at Barns
of Craig, Montrose.
(Signed) EDWIN G. GIBB. Jonathan Marnoch, Witness. Sarah
McMillan Witness.
CORRECT,
William F. Lloyd
Registrar of the Supreme Court of Newfoundland
(Listed in the margin next to this will the following)
Re Sealing.
Fiat Nov 23/23
Kent J.
Estate sworn
at $502.63.
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