Matthew Chapman's Will: Elma 5925, 312 G.R. North 1884 Matthew was a farmer of Elma township end and died February 4 1884. The will was written October 23, 1883, proved and registered February 18, 1884. Executores were John Mann and Widdes Jackson, both yeomen of Elma, who were to pay just debts, funeral and testamentary expenses as soon as possible after Matthew's death. Witnessed by Thomas George Fennell and F.W.Gearing. William Culbeit a law clerk of Listowel, compared the original probate to the registered copy on October 27, 1884 and found them to be the same. Distribution of the estate was not to take effect until expiration of Matthew's real and personal estate's lease made to sons Matthew Jr. and Thomas except under certain conditions. The rent of real and personal estate under the lease was to be paid to Lydia, Matthew's wife, until the lease expires, if she does not remarry, to assist in bringing up the four youngest children. If Lydia died or remarried before the lease expires, the rent would go to the executores for the benefit of the four youngest children. Matthew Jr. and Thomas were to pay, out of the chattel property bequethed to them, when each married or reached the age of 21, which ever happens first; Sophia Newman $5 John Chapman $1.00 Mary Ann Davis $1.50 Elizabeth Hewson $1.50 Maria Chapman $2.50 Emma Chapman $2.50 (Continued) Matthew Jr. received the North half of the lot 13 con. 2 of Elma, except 1 acre on the West side and the Northeast quarter of lot 14con.2, containing together 74 acres. Thomas was to pay James Chapman $4.00 out of the real estate devise to him to be paid on expiration of the lease. Thomas received, subject to the lease and $4.00 bequest, the South half of lot 25 con. 4 Elma, containing 50 acres. Arthur received the Southerly 25 acres of lot 29 con. 1 Elma, also subject to the lease. Lydia received, also subject to the lease the southerly 30 acres of lot 27 and Southerly 30 acres of lot 28, con 1 Elma until Alfred reached 21 years or she remarries, but in lieu of her dower. When Alfred reached 21, Lydia would have her support off the 60 acres as long as she could live happily with Absolum and Alfred and does not remarry. If she could not live with them, the executors would decide on a fair rent to be an annuity paid by Absolum and Alfred, out of the 60 acres, to Lydia. Absolum and Alfred were to pay Nancy and Lavinia $2.50 each, out of the real estate devised to them when Nancy reached 21 and Lavinia married or reached 21 which ever happened first, but after Alfred reached 21. Absolum and Alfred received the 60 acres previously described, shared equally. If one died before Alfred reached 21, then to their survivor, subject to the lease bequests to Nancy and Lavinia and the provision made for their mother. (continued) Any remaining real and personal propety went to Lydia until Alfred became 21, she died or remarried. Then the remainder went to absolum and Alfred, sharred equally, or to their survivor should either die before Alfred reached 21. During Lydia's holding the 60 acres in trust, the following conditions were made. - If Lydia dies or remarried before Alfred becomes 21, then the executors were to manage the real and personal estate given Absolum and Alfred until Alfred became 21. The executors were to use the proceeds from the land for the benefit of the four youngest children. - If Alfred died before reaching 21, then the above directions were to take place when Absolum becomes 21. - If both died before they and their survivor got the land, then the land would belong to Lydia for her life, afterward to all of Matthew's children equally. Matthew wished the terms of his will to be carried out in a "friendly and agreeable manner", but if the disputes occurred, the executors, "shall do their best to settle the same"
This is the last will and testament of me, James Robert Kerr, of the city of Edmonton, in the province of Alberta, Watkins Dealer. I revoke all former wills, codicils dispositions and other testamentary writings by me at any time hereto-fore made and declare and publish this to be and contain my last will and testament. I direct that all my just debts, funeral and testamentary expenses be first paid out of my estate. I nominate and appoint my beloved wife, Mary Emma Kerr, Executrix of this my will; provided that should my said wife predecease me, or die before taking out administration of this my estate, then I nominate and appoint my step- daughter, Helen Patricia Gray, of Edmonton, in the province aforesaid, executrix of this my last will and testament. I give, devise and bequeath all the rest and residue of my estate, both real and personal, whatsoever and where so ever, of which I am seized or possessed of, or entitled to, or over which I may have any power of appointment at the date of my death, unto my beloved wife, Mary Emma Kerr; provided that should my said wife predecease me, or die before taking out administration of this my estate, then the said rest and residue shall go to my step- daughter, Helen Patricia Gray. In witness where of I, the said James Robert kerr, testator, have to this my last will and testament set my hand this 21st day of October, A.D 1958. Real Estate Lot 18, Blk. 13, plan 6088 K.S, Terrace Heights, dwelling, joint property with widow, Value $20,000.00, deceased's interest- $10,000.00 Pt.N.E. 13-53-22-W4, as described in certificate of title no.182-M-201, of record in the land titles office for the North Alberta Land Registration District, value $6,000.00, deceased's interest- $3,000.00 Residential dwelling estimated value $15,000.00.
JOHN MARCUS KERR's Will
BE IT KNOWN that JOHN MARCUS KERR, late of the district of St. Albert, in the province of Alberta, Farmer, deceased, who died on or about the 11th day of October A.D. 1942 at St. Albert aforesaid, and who at the time of his death had a fixed place of abode at the district of St. Albert, in the province of Alberta, made duly executed his last will and testament. And did therein name Percy Gilbert (who predeceased the testator) execut or thereof, a true copy of which said the last will and testament is hereunder written. AND BE IT FURTHER KNOWN that on the 16th day of January A.D. 1947, LETTERS OF ADMINISTRATIONS with the said will annexed, of all the singular the property of the said deceased were granted by the district Court of the district of Northern Alberta, to Robert Howard Latimer, of the district of St. Albert, in the province of Alberta, farmer, the son-in-law of the said deceased, he having previously been sworn well and faithfully to administer the same according to the tenor of the said will by paying the just debts of the deceased, all taxes and duties payable in respect of his estate and the legacies contained in his will. So far the same shall thereunto extend and the law bind him and by distibuting the residue ( if any) of the property according to law, and exhibit under oath a true and perfect inventory of all and singular the property of the said deceased and to render a true and just account of his administrations and to surrender these letters of administration whenever required by law so to do. Witness: Chief Judge Lucien Dubuc. I revoke all former wills and testimentary dispositions by me, I direct all of my just debts, funeral and testamentary expenses to be paid and satisfied by my executor hereinafter named as soon as conveniently may be after my death. I give, devise and bequeath all my real and personal estate of which I may die possessed in the following manner, that is to say; to my wife, Myra Pearl Kerr, I leave for her use all my worldly goods, real and personal property, of which I may possessed, for her use as she sees fit to use it, and all revenue from it, so long as she lives, and after he death, when her funeral and testimonary expenses are paid and satisfied by my executor. Then to Mrs. Percy Gilbert, I give the bequeath the most Northerly Seventy (70) acres more-or-less, that I own in the SE quarter of section twenty-four(24) township fifty-Four(54) range twenty-five (25) west of the fourth meridian. To Mrs. Howard Latimer, I give and bequeath seventy (70) acres, more-or-less, immediately adjoining to the south of the land which I bequeath to Mrs. Percy Gilbert. To Mrs. James Chapman I give and bequeath the balance of seventy(70) acres, more-or-less, that I own in the NE quarter of section thirteen (13) township fifty-four (54) range twenty-five (25) west of the fourth meridian All the residue of my estate not hereinbefore disposded of, I give devise and bequeath unto my wife, Myra Pearl Kerr.
In the matter of the estate of Howard Robert Latimer, Late of St. Alberta, in the province of Alberta, farmer, deceased died on or about the 28th day of September A.D. 1959 at St. Albert, Alberta, and at the time of his death fixed place of abode at St. Albert, Alberta. That the deceased at the time he made his will was 68 years of age and that subsequent to the execution of his will the said did not intermarry with any person. at the time of his death was Widower and left him surviving, lawful children, Ruth Pearl Bookey, daughter, South Burnaby, B.C., Carson Robert Latimer, Niagara Falls, Ontario, son, and Bonnie Allison Latimer, South Burnaby, B.C. daughter, all over 21 years of age, save and excepting Bonnie, aged 12 years, and except for the age of said Bonnie none is mentally or physically disabled and by reason there of is unable to earn a livelihood. The fair market value of the whole property of the said deceased which he in any way died possessed of or entitled to and for and in respect to which probate of the said will is to be granted is under $30,900.00 dollars. That the value of the personal estate and effects is under $6,400.00 dollars and the real estate is under $24,500.00dollars and that full particulars and true appraisement of all said property to the best of our knowledge, information and belief so far as we can at present ascertain are set forth in the Inventory and valuation here under written. This is the last will and testament of me, Howard Robert Latimer, of St. Albert, in the province of Alberta, farmer. I direct that all my just debts, funeral and testamentary expenses be first paid out of my estate. I nominate and appoint my son, Carson Robert Latimer, my daughter, Ruth Pearl Bookey and William George Morrow, barrister and solicitor, executors and trustees of this my last will and testament. I nominate and appoint my daughter, Ruth Pearl Bookey, guardian of my infant child, Bonnie Allison Latimer. I give, devise and bequeath all the rest and residue of my estate, both real and personal, what so ever and where so ever, of which I am seized or possessed of, or entitled to, or over which I may have any power of appointment at the date of my death unto my children, Carson Robert Latimer, Ruth Pearl Bookey and Bonnie Allison Latimer, share and share alike, subject to the following trust, namely that until such time as my said daughter Bonnie Allison Latimer, shall reach the age of twenty- one years, the full income from the said rest and residue shall be used for the support, education and maintenance of the said infant daughter and paid by the executors and trustees to whatever person shall be guardian of the said infant daughter from time to time. I empower my executors and trustees to either sell whatever farm land I may possessed of or to lease out the said farm on what ever terms they in their sole and absolute discretion shall deem fit and proper and any such lease may be for any term up to but not exceeding three years at a time.