Name/Title
Probate of the Last Will and Testament of the late William Lucas HardistyEntry/Object ID
2013.57.108Scope and Content
Probate of the Last Will and Testament of the late William Lucas Hardisty. Four pages attached at top left corner.
Transcription:
2013.57.108
[page 1]
Province of Quebec }
District of Montreal
Be it remembered that on the sixth day of April, one thousand eight hundred and eighty one, Before The undersigned Deputy Prothossotory [word uncertain] of the Superior Court for Lower Canada in the said District.
Same and aforesaid the Honourable Donald A. Smith, of the city and District of Montreal, Esquire, and Sedley Blanchard of the city of Winnipeg in the Province of Manitoba, Barrister at Law both executors and trustees of the last will and testament of the late William Lucas Hardistry in his lifetime of the town of Lachine, in the said District of Montreal (by Ritchie and Ritchie, Esquires, advocates their attorney) where by virtue of one fat upon their petition presented to us this day, produced the last will and testament of the said late William Lucas Hardisty, and prayed to be permitted to make proof of the due executors of the said Will and Testament and that probate of the same be granted, and due proof of the said Will and testament , having been made, as appears by the depositor of Edmund Marter Wood of the city of Winnipeg
[page 2]
Of Winnipeg, Barrister at Law, Hereunto an: nexed, We disclare the said last will and testament also hereunto annexed, hearing date the fifth day of April, one Thousand eight hundred and seventy nine and marked with the letter " A" to be well and duly proved and we do order that the said last will and teste: ment be duplicated in the Aucheries [word unknown] of the said superior court in the said district of Montreal as designated in the Register of Probates of the said County and that authentic Copies of the said will and testament be granted according to Law.
Given under my hand and the seal of the said Superior Court, of the City of Montreal this seventh day of April one Thousand eight hundred and eighty one.
(Signed ) H Champoux
Deputy P.S.C.
" A "
Witness Lucas Hardisty of the Parish of St James in the Province of Manitoba Esquire, do make this my last will and testament; I give and bequeath unto Donald Alexander Smith, of the City of Montreal in the Province of Quebec, esquire, and Sedley Banchard of the city of
[page 3]
Of Winnipeg in the Province of Manitoba, Barrister at Law, their heirs , executors and administrators, all my estate real and personal and whatsoever situate in trust however and far the - following uses and purposed.
(1) To sell and convert in to money each real and personal estate, and to invest the sum or sums of money thence arising in the names of my said Trustees in such securities, stock , funds or investments they may think most advantageous and from time to time to vary such invesments as they may think proper.
(2) To pay the annual income thereof to my dear wife Mary Hardisty during her life if she shall so long continue my widow but if at any time my said trustees should think it necessary as advisable they may in their discretion deduct from such income any proportion there of no exceeding in any case two thirds thereof and expand the amount as so deducted in th maintenance and education of all or any of my children in their discretion
(3) Should my said wife marry again after my decease I direct that one third of the said income shall be paid to her from the date of such marriage until her decease and that the remainder be expended in the maintenance and education of my children Isabella Clark
[page 4]
Clark, Mary Lanisa, Richard Robert, Frank Allen, Thomas Alexander , -- Donald Alexander and William Lucas until they shall respectively receive their share of any estate as pension after provided.
Upon the death of my said wife I direct that my said estate there remaining be divided equally and share and share alike among my then surviving children, and the lawful issue of any deceased child, such issues to take the share to which the parent would have been entitled if alive, but should any of my said children not have arrived at the age of Twenty One years, then it is my desire that the portion of each child or children be set apart and kept in restidize [unsure of word] in the manners before mentioned until such child or children have become of age at which time they shall receive their portions and in the meantime that each portion of the income thereof as may be necessary shall be expended in the maintenance and education of such child or children.
In case I shall survive my said wife , there I direct that my trustees shall keep my said estate inaestedas [word unknown] aforesaid and expand the income there of such part of it as may be necessary in the maintenance
[page 5]
Maintenance and education of my said children until the youngest shall become of age and upon the happening of the event, I direct that the said estate there remaining be divided equally among my then surviving children, and the lawful issue of any deceased child , each issue to take the share to which they parent would have been entitled if living.
I hereby authorize the acting trustees or trustee of this my will , and the executors or administrators of the last acting trustee by any instrument writing to substitute any person to be a trustee in the stead of any trustee who shall die, contecome [word unsure] to reside abroad, disclaim, neglect , refuse or become incapable to act in the trust aforesaid, and all the said trustees states or premisies shall forth with in such means trustee or trustees, wether jointly with the surviving or continuing trustee or trustees so as to invest the same in such new trustee or trustees either jointly with the surviving or continuing trustee or trustees as solely as the case may be, and such new trustees as all before as after such transfer shall have the same powers as if originally appointed a
[page 6]
Trustee by this my will. And I declare that the trustees for the time being of this my will shall respectively be chargeable only with such money as they respectively shall actually receive and shall not be answerable for each other, nor for any banker, broker or other person in whose hands any of the trust funds shall be placed more for the inefficiency , failure or deficiency of any stock, funds, shares or securities nor otherwise for inadvantag been
I hereby appoint my said trustees here in before named , executors of this my last will and testament hereby revoking any and all wills ,codicils or testamentary paper by me at any time heretopre made.
In virtue whereof I have hereunto set my hand and seal this fifth day of april in the year of our Loard1879
Signed / Mr L Hardisty S.S>
Signed sealed , published and delivered by the said testator as and for his last will and testament in the presence of one another and at his request have hereunto published in hands as witnessed
(signed ) K.R. Black
E. M. Wood
We the undersigned do hereby certify
[page 7]
Certify that the forgoing last will and testament of the said late Mr L. Hardisty and the order tanching [word unknown] the probate of the same and have copies of the originals becoming duplicated aforsaid in the achuier [word unknown]of the Supreme Court, in the district of Montreal , the nummers for ./
Haubert Honoy Fridern. HB [name uncertain]
[end]Collection
Rosamond Woolen Company CollectionCataloged By
Gervais, SarahLexicon
Nomenclature 4.0
Nomenclature Secondary Object Term
LetterNomenclature Primary Object Term
CorrespondenceNomenclature Sub-Class
Other DocumentsNomenclature Class
Documentary ObjectsNomenclature Category
Category 08: Communication ObjectsArchive Details
Date(s) of Creation
Apr 7, 1881Location
Location
Container
Box 6Shelf
Shelf 19Room
Collections RoomBuilding
M.V.T.M.Category
PermanentDate
November 7, 2023Location
Container
Box 1Shelf
Shelf 11, Shelf 11Room
Collections RoomBuilding
M.V.T.M.Category
PermanentMoved By
Whit, ElizabethDate
July 1, 2017Relationships
Related Person or Organization
Person or Organization
Smith, Donald A.Person or Organization
Blanchard, SedleyPerson or Organization
Hardisty, W. L.Person or Organization
Smith, Donald A.Person or Organization
Hardisty, MaryGeneral Notes
Note
Status: On Loan
Status By: Gervais, Sarah
Status Date: 2015-05-27Created By
admin@catalogit.appCreate Date
May 27, 2015Updated By
admin@catalogit.appUpdate Date
November 11, 2023
