Will of Emma Hoyles Withers from Newfoundland will books volume 15 pages 37-39 probate year 1929

IN RE                              DECEASED.
EMMA HOYLES WITHERS.

I EMMA HOYLES WITHERS of St. John's in the Island of Newfoundland at present residing at 37 Clarence Parade Southsea in the County of Southampton in the United Kingdom of Great Britain widow hereby revoke all testamentary dispositions heretofore made by me and declare this to be my last will and I further declare that my place of domicile is the said island of Newfoundland and that I desire my will to be construed according to the laws in force there.

1. I appoint James Hugh Campbell of 22 Carlyle Square in the County of London and of Stracathre Brichin Forfarshire J.P. and Michael Forbes Tweedie of 5 Lincolns Inn Fields in the said County of London (hereinafter called "my English Trustees") to be the EXECUTORS and TRUSTEES of this my will for the purpose of dealing with all the real and personal estate belonging to me in the United Kingdom of Great Britain.
2. I declare that in the interpretation of this my will the expressions "My English Trustees" shall (where the context permits) mean and include the trustees or trustee for the time being under this my will whether original or substituted of all my real and personal estate situate in the United Kingdom of Great Britain.
3. If the said Michael Forbes Tweedie shall not be living at my death then I appoint Cecil Marmaduke Guest of 3 Embankment Gardens Chelsea in the said County of London to be an executor and trustee of this my will in the place of the said Michael Forbes Tweedie so dying as aforesaid and jointly with the said James Hugh Campbell.
4. I appoint Earl Speare Pinsent of St. John's in the said island of Newfoundland to be an executor and trustee of this my will for the purpose of dealing with all the real and personal estate belonging to me where ever situate outside the United Kingdom of Great Britain but particularly for the purpose of dealing with my property both real and personal in the said island of Newfoundland.
5. I give devise and bequeath to the said Earl Spears Pinsent all my share right title and interest in and to an estate in the said island of Newfoundland known as "Rennies Estate" upon trust to pay the income therefrom to my niece Edith Mary Haygarth of Liverpool England during her life until she marries again and then and after the remarriage or death of my said niece whichever shall first happen then Upon Trust both as to capital and income for Doris Rennie of St. John's aforesaid absolutely.
6. I give devise and bequeath all the rest residue and remained of my real and personal estate after payment thereout of my debts and testamentary expenses as to so much thereof as is situate in the United Kingdom of Great Britain unto "My English Trustees" and as to so much thereof as is situate elsewhere particularly in the said island of Newfoundland unto the said Earl Spears Pinsent upon trust for my grandchildren Helen Mansel Colvile and Philip Anthony Fiemmes Colvile in equal shares as tenants in common provided always that if either of the said Helen Mansel Colvile and Philip Anthony Fiennes Colvile shall die in my lifetime leaving issue living at my death who being male shall attain the age of twenty one years or being female shall attain that age or marry under that age such issue shall take equally between them if more than one as tenants in common the share which his her or their parent would have taken had such survived me and attained a vested interest. In the event of either of my said grandchildren dying during my lifetime without leaving issue then I give devise and bequeath the share of the one so dying as aforesaid to the survivor of them absolutely Provided nevertheless that in the event of both my said grandchildren dying during my lifetime without leaving issue then I give devise and bequeath the rest residue and remainder of my property of whatsoever nature and wheresoever situate to John Dunfield the third son of John Collier Withers Dunfield of Lenoxville in the Dominion of Canada absolutely.

I direct that any trustee being a solicitor or other person engaged in any profession or business shall be entitled to charge and be paid all usual professional and other charges for all business transacted and acts done by him or any partner of his in connection with the trusts hereof including acts which a trustee not being in any profession or business could have done personally.

In witness whereof I have hereunto set my hand this      -day of- one thousand nine hundred and twenty six - E. H. WITHERS.- Signed acknowledged and declared by the said Emma Hoyles Withers the testatrix as and for her last will and testament in the presence of us both being present at the same time and we at her request in her presence and in the presence of each other have hereunto subscribed our names as witnesses -
A. COOPER KEY Commander R.N. 3 Cousins Grove Southsea
PAULINE COOPER KEY 3 Cousins Grove Southsea.

I EMMA HOYLES WITHERS of St. John's in the Island of Newfoundland at present residing at 37 Clarence Parade Southsea in the County of Southampton in the United Kingdom of Great Britain widow declare this to be a first Codicil to my will which bears the date the third day of May one thousand nine hundred and twenty six.
Whenas by my said will I appointed James Hugh Campbell and Richard Forbes Tweedie (thereinafter called "my English Trustees") to be executors and trustees thereof for the purpose of dealing with all the real and personal estate belonging to me in the United Kingdom of Great Britain Now I hereby appoint my son in law Mansel Brabason Fiennes Colvill to act as an EXECUTOR and Trustee thereof jointly with the said James Hugh Campbell and Michael Forbes Tweedie for the purpose aforesaid and whereas by my said will I gave devise and bequeathed to Earl Speare Pinsent all my shares right title and interest in and to an estate in the said island of Newfoundland known as "Rennies Estate" upon trust for my niece Edith Mary Haygarth and Doris Rennie of St. John's aforesaid as therein mentioned.

1. Now I hereby revoke such devise and bequest and direct that my share and interest in the said "Rennie Estate" shall fall into and form part of my residuary estate.
2. In place of the devise and bequest contained in my said will in favour of the said Edith Mary Haygarth I give to her the sum of three hundred pounds free of legacy duty.
3. In all other respects I confirm my said will.

In witness whereof I have hereunto set my hand this fourteenth day of April one thousand nine hundred and twenty eight E. H. WITHERS
Signed acknowledge and declared by the above named EMMA Hoyles Withers the testatrix as and for a first codicil to her will in the presence of us present at the same time who in her presence at her request in the presence of each other have hereunto subscribed our names as witnesses - HELENA L. PONTING widow 37 Clarence Parade Southsea -
IVY F. GOODALL Maid 37 Clarence Parade Southsea.

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

(Listed in the margin next to this will the following)
Fiat
W. H. Horwood
C. J.
Nov 15/29
Probate
granted to
Earl S. Pinsent
on the 20^th
day of November
A.D. 1929
Value of estate
$73,826.67