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A Collection of Newfoundland Wills
(M)
Jessie McDougall McLachlan

 

Will of Jessie McDougall McLachlan from Newfoundland will books volume 15 pages 565 to 567 probate year 1932

IN RE          DECEASED.
Jessie McLachlan

One JESSIE MCLACHLAN , wife of Thomas McLachlan, of the city of Montreal, Gentleman.
TWO Being of sound mind, memory, judgment and understanding hath requested us, the said notaries to write down and receive in due form of law her Last Will and Testament which she declared in manner and form following, that is to say;
FIRSTLY I direct that all my just and lawful debts, funeral and testamentary expenses be paid by my Executors hereinafter named as soon as possible after my death.
SECONDLY I give devise and bequeath to my said executors or the survivor of them all of my property, movable and immovable real and personal, of which I shall die possessed or to which I may be entitled at the time of my death, to be held by them IN Trust for the following purposes;-
(a) To make use of the income or revenue received from my estate for the upkeep and maintenance of a home for my said husband and my daughter Miss Jean Stewart McLachlan and for their necessary personal expenses, during the lifetime of my said husband.
(B) At the death of my said husband or at my death, should he predecease me, I direct that my Estate be divided between my said daughter and my son Allan James McLachlan (or Alan James McLachlan) as follows; should my said daughter be then unmarried in the proportions of two thirds to her and one third to my said son; but should my said daughter be then unmarried in the proportion of one half each to my said son and said daughter. Should either of my said children predecease me leaving lawful issue him or her surviving, I direct that such issue shall take their parent's share by representation.
THIRDLY; I appoint my daughter, the said Jean Stewart McLachlan and my son Allan James McLachlan Executors of this my will and I extend their powers and seisin and authority as and beyond the year and date limited by law and until the complete execution of this my will and the final division and distribution of my Estate.
I grant my executors the fullest powers, without the authorization of any Court or Judge or any of the beneficiaries hereunder being required, to sell or otherwise dispose of any and all the property of which my estate may be composed at any time and from time to time whether movable or immovable, real or personal, bank or other stocks or other generally whatsoever for such prices or other consideration and upon such terms and conditions as they may deem in the interests of my estate and to receive and get in the said prices and other considerations and all other property of my estate and grant acquitiance therefor; and to invest and re-invest all moneys of my estate in such investments as they may deem advisable and sufficient with-out being confined to those investments to which Executors are restricted by law, and to sell alter and vary investments from time to time with the same discretionary powers.
My Executors are authorized and empowered to retain in their then present form any and all of the property and investments of which I may be possessed as long as in their discretion it seems wise to retain them. My Executors shall only be liable for bad faith in the managment and administraion of my estate.
In making the division of my estate my said executors are authorized to fix the shares and allot them after valuation as my Executors may deem sufficient to ensure equality; and, after having determined the value of the share of such beneficiary my Executor shall deliver to or set apart for each beneficiary his or her share as thus determined either in cash or in securities, or partly in one and partly in the other, as my executor may deem proper, and the division and appointment thus made shall be binding upon all the beneficiaries without any action in partition or judicial authorization being required.
In addition to all other powers, my Executors shall without judicial authorization or the consent of any beneficiary have the following powers;
(a) To compromise and settle all claims in favour of or against my Estate on such terms as they may deem expedient, to determine whether any monies received or disbursed shall be on account of capital or of income or of both, and in what proportions, and all other questions of like character which may arise in the course of their administration, and their decision whether expressly given or implied from their acts and proceedings shall be binding upon all beneficiaries.
(b) To borrow money for any purpose connected with the administration and to bind my estate to the repayment thereof and the interest thereon and the fulfilment of all the terms and conditions of the loan and to mortgage and hypothecate the whole or any part of my estate, movable or immovable, to secure the repayment of the sum so borrowed and the interest thereon.
My Executors shall not be required to give security for their administration in any place or country notwithstanding anything to the contrary in any law of this or any foreign country.
My Executors shall not be required to compile an Inventory or appraisal of the assets of my Estate in more detailed form than they consider necessary for the purpose of keeping proper records.
FOURTHLY; I revoke all wills and other testamentary dispositions I may have heretofore made and declare this present to be my only true last Will and Testament.
The present will was thus declared by the said Testatrix to us the said Notaries and by me Dougall Cushing one of the said Notaries the other being present read to the said Testatrix who declared to well understand the same and to persist therein as being her only true Last Will and Testament.
DONE AND PASSED in the said city of Montreal in the office of the said Dougall Cushing, on the day, month and year first hereinbefore written under the number six thousand four hundred fifty three of the original minutes of Dougall Cushing, the said Notary and signed by the said Testatrix with and in the presence of the said Notaries also hereunto subscribing in her presence and in that of each other after due reading hereof as aforesaid.

(signed)   Jessie McLachlin
( " )          Ivanhoe Bissonnette Notary
( " )          D. Chushing N.P.

Correct
William F. Lloyd
Registrar of the Supreme Court of Newfoundland

(Listed in the margin next to this will the following)
Fiat
W.J. Higgins
Judge Jany 26/32
Probate granted
Jean Stewart
McLachlan
and
Alan James
McLachlan

on the 3rd. Day of
March 1932
Value of Estate
$11,963.70

 

 

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

Page Revised by Ivy F. Benoit (Monday April 27, 2020)

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