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A Collection of Newfoundland Wills
(G)
William Henry Gibson

 

Will of William Henry Gibson
from Newfoundland will books volume 7 pages 187-191 probate year 1902

In re Will of
William Henry Gibson
late of Montreal, Dominion of
Canada, Merchant

      On this the Fourth day of the month of October, in the year of our Lord, one thousand eight hundred and ninety three.
Before us Hugh Brodie and Anthony Brogan the undersigned Notaries Public for the Province of Quebec, residing in the City of Montreal in the said Province appeared William Henry Gibson of the City and District of Montreal, Esquire, Merchant who being in perfect good health of body and of sound and disposing mind, memory, judgment and understanding as it appeared unto us said notaries from his actions, conversation and demeanor and considering the uncertainty of life in view of death hath requested us said notaries to receive his last will and testament which he hath made and declared as follows:-

Firstly. I order and direct that all my just debts funeral and testamentary expenses be paid as soon as possible after my death.

Secondly. I give devise and bequeath unto my dearly beloved wife, Teresa Ellen Ryan, the whole and every part of my property real and personal moveable and immoveable, ready money, rights, actions, right of action, household furniture debts assets and effects to me in anywise belonging or appertaining or that may be due owing belonging or payable to me at the time of my decease without any exception or reservation after the payment of my just debts and funeral expenses and aforesaid. I wish however that my son Charles James Gibson, shall be given upon his attaining the age of eighteen years my gold watch and chain and that my son Frederick William Gibson, shall upon his attaining the age of eighteen years, shall be given my Diamond Ring To have and To hold unto the said Teresa Ellen Ryan as her own property by virtue hereof hereby constituting her my universal legatee and Devisee in full property.

Thirdly: And hereunto the present last will and testament, I do hereby name and appoint my said beloved wife the said Ellen Teresa Ryan, sole executrix thereof into whose hands I do hereby givest myself of all my property according to custom and hereby extend her power and authority as such beyond the year and limited by law and until the full and entire accomplishment hereof.

Fourthly: But in as much as that my said wife the said Teresa Ellen Ryan, periodically travels with me when on my commercial trips, and in as much as that railway accidents some times take place, my will and desire is that should my said wife predecease me or otherwise be killed in any railway or other accident that might at the same time cause the loss of my own life, in such case it is my will and desire that my brother-in-law Edmund P. Ryan now residing at Halifax in the Province of Nova Scotia, Salesman, shall be in such case executor of this my will and testament with all the powers and extensions of powers as are hereby conveyed upon my said wife, and should the necessity occur by which he the said Edmund P. Ryan should become executor of my said estate, I desire that he shall invest the proceeds of my said estate and shall use and expend such portion of the revenues of such investment as may be necessary for the education and support of my children issue of my marriage with the said Teresa Ellen Ryan until they each attain the age of twenty one years, and any portion of the revenues of my said estate over and above what is absolutely remaining for the support education and maintenance of my said children derivable from the investments of the proceeds of my said estate, I devise that he the said Edmund P. Ryan shall retain for his own use and benefit as compensation for the time and trouble which he will have to sacrifice in the event of his having to act as executor of my said estate during the minority of my said children.

Fifthly: Of course in the event of my wife predeceasing me or being killed in a railway accident or otherwise at the same time as myself, the ownership of the property of my said estate shall then vest in and become the property in equal shares between my children issue of my marriage with the said Teresa Ellen Ryan my said wife, but no division of my estate shall take place between them until the youngest surviving child shall have attained the full age of twenty one years.

Sixthly:- It is however my will and desire that should one or more of my said children die before attaining the age of majority without leaving lawful issue of lawful marriage the shares of such children so dying shall revert to those surviving.

Seventhly. And in the event of the said Edmund P. Ryan being so called to such executorship of this my will under the circumstances hereinbefore mentioned, and should he die or become in any way incapacitated or unfit for the carrying out of the provisions of this my will, in such case I desire that his functions as such executor shall cease and become extinct from the day upon which he becomes so incapacitated, and in his place and stead I desire will and appoint my sister in law Miss Ada Frances Ryan, Spinster, executrix in his place and stead with all the powers of executorship and extension of such powers as are hereinbefore mentioned.

Eighthly. And in the event of the decease of my wife the said Teresa Ellen Ryan without having previously thereto made or executed her last will and testament, and in the event of the decease of all my said children before attaining the age of twenty one years, then and in such case I will order and direct that the sum of five hundred dollars be paid to each of my sisters Dame Henrietta Matilda Gibson, wife of Thomas C. O'Donnell and Dame Rachel Harriet Gibson, wife of Charles Whitmore, now residing in California, and five hundred dollars to my sister-in-law Eliza M. Ryan, widow of the late Richard Power, and that the balance or residue of my said estate shall be equally divided between my sisters in law Janet Ann Ryan, and the said Ada Frances Ryan as their own property for ever and should either or both of my said sisters in law Janet Ava Ryan and Ada Frances Ryan be married, their shares in the residue of my said estate shall be absolutely free from the control of their husband or any other husbands whom they may marry, and shall not be responsible for the debts of such their husband or husbands, but that the same shall be insaisoissables upon them the said Janet Ava Ryan and Ada Frances Ryan respectively.

Ninthly. The aforesaid bequest of the residue of my said estate in favor of the said Janet Ava Ryan and Ada Frances Ryan under the circumstances and provisions aforesaid is so made with the obligation on their part to pay and contribute each the sum of one hundred dollars per annum towards the support of their sister Catherine Elizabeth Ryan during her lifetime. The present last will and testament was then made and declared by said testator unto us the said notaries and after these presents were read over to him by said Hugh Brodie one of us said notaries in the actual presence and hearing of the other he did declare to understand and fully comprehend the same, and that the same has been made strictly in accordance with his instructions and he the said Testator also hereby declares to have by these presents cancelled annul and made void all and every other and former deeds wills testaments, codicils, legacies, bequests, and executors that he might have heretofore made and to persist herein as being his only and true last will and testament.
Thus done and executed at the said city of Montreal in the office of Hugh Brodie one of the said notaries on the day month and year first hereinbefore written between the hours of twelve and one of the clock in the afternoon under the number nine thousand five hundred and fourteen, of the Repertory of said Hugh Brodie one of said notaries and the said Testator hath signed these presents with and in the presence of both of us said notaries, who at his request and in his presence and in presence of each other have also signed these presents after due reading thereof to him said testator in manner as aforesaid.
Signed. W H Gibson.
A. Brogan
NP
H. Brodie. N.P.

      I certify the foregoing to be a correct copy of the last will and Testament of W. H. Gibson

D. M. Browning
Registrar

(Listed in the margin next to this will the following)
Fiat
Emerson J.
Adm & Ct,a granted
on the 25 Sep 1902
toMr. S. Merrigan
Sureties
Chas Hutchings
Jas Blackwood
Est $1000.00

 

 

Page Contributed by Sheila Tiberio, Judy Benson & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)

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