The Last Will and Testament of Brewer W. Robinson ? - c.a. 1949

Liber 36 Folio 437

This is the last Will and Testament of me, Brewer W. Robinson, of Summerside in Prince County, Prince Edward Island, Fox Rancher.

I hereby revoke all former or other testamentary dispositions by me at any time heretofore made.

I direct that all my just debts, funeral and testamentary expenses, also a suitable amount, not exceeding Seven Hundred and Fifty Dollars for the erection of a Monument for my wife and myself, be paid out of my Estate by my Executors and Trustees hereinafter named.

I nominate and appoint the Maritime Trust Company, a body corporate with Head Office at St. John, New Brunswick, and Morley M. Bell of Summerside aforesaid, Barrister-at-law, to be the Executors and Trustees hereinafter named.

I devise unto my wife Ethel M. Robinson, my house and lot, also all household furniture and personal effects in and about said dwelling and premises, also my car, to hold unto her own use absolutely.

All the rest and residue of my Estate whatsoever and wheresoever situate, both real and personal and whether in possession or expectancy, or over which I have any power of appointment, I devise unto my said Executors and Trustees, in trust, however, as hereinafter set forth.

I authorize my Trustees to carry on the trade or business of fox ranching carried on by me at the time of my death, during such period as they shall see fit, and for that purpose to retain and employ therein the capital which shall at my death be employed therein, and such additional capital as they shall think fit to advance from time to time from my property in their hands, with power to employ, at such salary as they shall think fit, a manager of the said business, and generally to act in all matters relating to the said business as if they were beneficially entitled thereto, and with power to delegate all or any of the powers vested in them in relation to the said business to any person or persons whom they may think fit; and my trustees shall be free from all responsibility, and be fully indemnified out of my estate in their hands, in respect of any loss arising in the said business.

I declare that, if my trustees or trustee shall at any time be of opinion that my said business cannot be continued to the advantage to my estate, or if all my trustees shall be unwilling to engage therein, they, he, or she shall be at liberty to sell or dispose of the said business and the stock in trade and affects thereof. I further direct that my said Executors and Trustees shall close out and convert into cash my fox ranch business not later than the end of the second year following my decease.

I further direct and authorize my said Executors and Trustees to retain my share or interest in the Prince Edward Island Fur Pool until such time as my business is finally wound up as hereinafter set forth, and in the event of my said trustees in their discretion electing to sell and dispose of such share or interest in the Prince Edward Island Fur Pool at any time, in the meantime, I recommend that they give my associates in the said business an opportunity to purchasing said share or interest at the market value thereof. It being understood, however, that my said Executors and Trustees shall endeavor to secure the highest possible price for such share or interest upon sale thereof.

I further direct that my said Executors and Trustees shall invest and keep invested all the surplus monies as well as monies realized from the sale of my Estate, as well as the income derived therefrom, in authorized Trust funds of this Province, with the exception of my share or interest in the Prince Edward Island Fur Pool as above set forth. Out of the annual income derived therefrom as well as the income derived from the operation of my said Fox Ranch business, I direct that my said Executors and Trustees pay said annual income to my said wife during the term of her natural life or her re-marriage, with the further provision that in the event that the said income does not amount to the sum of Twelve Hundred Dollars annually, I hereby authorize and empower my said Executors and Trustees to pay my said wife out of the capital, a sufficient amount to make an annual payment to her of Twelve Hundred Dollars. In the event of the re-marriage of my said wife, I direct that one half the residue of my Estate remaining at that time be invested and kept invested as aforesaid, and the annual income derived therefrom be paid to my said wife for the term of her natural life, with the further provision that if said income does not amount to Six Hundred Dollars annually, I hereby empower and instruct my said Trustees to pay to my said wife out of said capital sufficient amount to make up Six Hundred Dollars annually. At the death of my said wife, I direct that the rest and residue of my Estate be divided equally between the Trustees of the P.E.I. Protestant Children’s Orphanage, located at Mt. Herbert, and the Trustees of the Prince County Hospital at Summerside aforesaid; said amounts to be paid to the Endowment Fund.

In witness whereof, I have hereunto set my hand and seal this 22^nd day of January 1938.

Signed, sealed, published and declared by the above named Brewer W. Robinson, Testator, as and for his last Will and Testament in the presence of us both present at the same time, who at his request and in his presence have hereunto subscribed our names as witnesses.

(sgd) L.S. Blanchard
(sgd) W. Henry Noonan

This will was proved according to the handwriting of the two witnesses and the testator on the oath of Ralph L. Noonan on the 29^th day of January A.D. 1949. Filed and reg’d February 9^th A.D. 1949. Probate granted same day to the Executors named in the Will.

As certified by Erma ???
Registrar.