1) The Will of David Stuart Rennie (dispositioning about 50% of PEI Lot 23, although not explicitly) embedded in a Newfoundland law case transcript. The Newfoundland case was brought by some of William Frederick Rennie's children to override the will of William Frederick Rennie in regard to an insurance policy on William Frederick Rennie's life which had apparently been paid for by his brother David Stuart Rennie. They wanted the benefits of this policy to go to them according to the terms of David Stuart Rennie's will. William Frederick Rennie had intended it to go to a niece of his wife.
2) A Court Document accepting the refusal of David Stuart Rennie's chosen administrator of his trust to serve. The chosen administrator was to be David Stuart Rennie's wife's brother Sir Hugh Hoyles (former head of government and chief Justice of Newfoundland). The courts appointed Robert Rennie as the replacement trustee.
3) The Will of Robert Rennie (who had been to PEI earlier but seems to have come to stay in Charlottetown about 1852).
Background: David Rennie died in 1823 but his estate and lot 23 in particular was not divided between his children until 1840. At that time the eldest son David Stuart Rennie got 2/6 and his siblings got 1/6 each (James Gower Rennie, Janet Emma Rennie, William Frederick Rennie and Robert Rennie).
James died before the actual division and willed his Newfoundland assets to his brother William Frederick Rennie and his PEI assets to his sister Janet Emma Rennie. Robert Rennie and William Frederick immediately sold their shares to David Stuart Rennie. For reasons unclear the division between David Stuart Rennie and Janet Emma Rennie appears to be closer to 50-50 than 4:2 as would seem to be required by these events. Janet Emma Rennie and David Stuart Rennie both lived briefly in PEI in the early 1840's but later each married siblings of Sir Hugh Hoyles and moved to Newfoundland. Janet Emma Rennie died in childbirth in 1845. This researcher has had trouble finding PEI documentation concerning the fate of Janet's property but Robert Rennie starts selling Lot 23 land in 1852 and with the documentation suggesting that the land was his at this time.
Since David Stuart Rennie's estate still contained 50% of Lot 23 when the government purchased the land after the 1875 land commission hearings it is presumed that Robert Rennie was selling Janet's land. David Stuart Rennie died in 1865. He left 1/3 of his land to his wife Susan and 2/3's to a trust for William Frederick Rennie 2nd wife's children. (The 1875 land commission proves that this occurred.) The trust administrator was intended to be Sir Hugh Holyes who had initially agreed to this role.
Upon his refusal the courts appointed David Stuart Rennie's brother Robert Rennie. Robert Rennie died in 1876 (between the 1875 land commission hearings and the actual purchase of David Stuart Rennie's estate by the Canadian government). Robert Rennie left his property to his ward Eliza Aitkin except for a pension for Robert's housekeeper.
Note: if a word is hard to read an attempt is made and then a [???] type reference is made with small variations.
Michael Rennie, MARCmath@aol.com
Note: The following is a Newfoundland document, however, the David Rennie will itself is also available in PEI files. David Stuart Rennie apparently bought and owned a life insurance policy for the life of his brother William Frederick Rennie. It was apparently not dispositioned at the time of David Stuart Rennie's death in 1865 because William Frederick Rennie wasn't dead yet. Probably it never passed into the ownership of David Stuart Rennie's wife and primary heir, Susan Rennie for this reason. In any case, when William Frederick Rennie died in 1902 there was a separate filing for this portion of William Frederick Rennie's estate but under the name of David Stuart Rennie, the owner of record. For some reason this portion of the estate names the executors whereas William Frederick Rennie's own will did not come with this information.
William Frederick Rennie's will specified that some life insurance policy he owned go to his niece (more specifically his wife's niece) Jean Heygate. It is unclear why she is not mentioned here.
In the Supreme Court
re David S. Rennie deceased
Oath of Administrator: Administration granted on the 7th day of April 1902.
Sureties Robert J. Rennie, John W. Withers
Value of Estate $4,000 [Newfoundland dollars]
Note: the valuation for the life insurance policy on William Frederick Rennie. The request was filed by William H. Rennie, the youngest son, (the oldest probably being on his death bed as he died that same year). The sureties are from another brother and the husband of William Frederick Rennie's daughter, Emma Hoyles.
Oath of Administrator:
"To the Honourable the Supreme Court of Newfoundland or to one of the Honourable the Judges thereof. The Petition of the William H. Rennie, of Saint John's in the Island aforesaid, Secretary of Saint Johns Gas Company,
1. David S. Rennie, formerly of St. Johns aforesaid Gentleman, and of 37 Clarence Parade, Southsea, in the County of Hants, England, Widow, deceased died in London, England on or about the sixth day of February 1865 having first made and executed his last Will and Testament a Copy of which is hereto annexed marked "A".
2. On the 18th day of April 1865 Letters of Administration Cum [????] Testamento aureso [a??e?o] were granted out of this Honourable Court upon the renunciation of the Executor named [Sir Hugh Hoyles refused to be Executor] in the said Will to William F. Rennie brother of the said David S. Rennie.
3. The [said?] William Rennie died at St. Johns aforesaid on or about the fifth day of Febraury 1902 not having fully administered the said Estate.
4. The value of the said Estate not Administered as aforesaid is of the probable value of four thousand dollars Consisting of interest in a Life Insurance Policy on the life of the said William F. Rennie.
5. Hereto Annexed marked "B" is a Correct Inventory of the said Estate not Administered as aforesaid.
6. Your Petitioner of one of the next of kin resident within the Jurisdiction of this Honourable Court of the David S. Rennie.
7. Hereto annexed marked "C" is a paper writing signed by some of the next of kin now surviving of the said David S. Rennie who consent to Letters of Administration ann [???] testament amneso [a??eso], de bonis wok [???], the the said Estate being granted to your Petitioner.
8. Your Petitioner therefore prays that this Letters of Administration Ann [???] testamento anneso [A??eso] debonis non, to the Estate of the said late David S. Rennie be granted to him.
And as in duty bound your petitioner will ever pray etc. etc.
Dated at St. Johns aforesaid this day of April 1902.
[Signed] William H. Rennie"
" 'A' [signed] W.H.R.
This is the last will of me David Stuart Rennie of Saint Johns Newfoundland.
I bequeath to my Brother William F. Rennie One hundred pounds. I bequeath to my Brother Robert Rennie one hundred pounds. I devise and bequeath the remainder of my real and Personal Estate of Every description to my Executor hereinafter named upon the Trust following viz. in the event of my dying before my wife leaving no children upon the trust to pay assign
Convey and appropriate one third of my real and personal Estate to my wife Susan Rennie and her heirs for Ever, to pay and appropriate the rents issues and profits of the remaining two thirds to the account of an annuity to the extent of an annuity of seventy pounds stg. [abbreviation for sterling] per annum to my Brother Robert Rennie for the term of his natural life and the excess beyond such annuity during the life of said Robert Rennie and the whole of such rents issues and profits after his death to the use of my said wife during the term of her natural life and after her death to pay assign convey and appropriate the said remaining two thirds subject nevertheless to the aforesaid annuity to my Brother Robert should he then survive to and among my fathers children and grandchildren then surviving and their heirs in such propotions as my said wife by her last will to be signed in the presence of two witnesses may direct and appoint and in default of any such appointment to and among such children and grandchildren pursuant to the Statue of distributions.
In the Event of my wife dying in my life time then upon the trust to pay assign convey and appropriate one half of my said real personal property unto and for the use of the children of Brother William Frederick Rennie by his wife Catherine Rennie McNabb who may survive at my death and their heirs Equally among them, and to pay and appropriate the rents issues and profits of the other half unto and for the use of my said brother Robert Rennie during his life and after his death unto and for the use of his children and their heirs, but should he die leaving no children him surviving then unto and to the use of my said Brother William Frederick Rennie and his heirs for Ever, and I appoint Hugh W. Hoyles my Executor and direct that he shall be allowed on his accounts all reasonable charges for his own professional trouble and expenses in the management of my said Estate and carrying into effect the provisions and directions herein contained. Lastly I will that should I have any child or children after the date of this will and surviving my death then this will shall become void and of no effect. Saint Johns, Nfland the 21st of June 1856. D. S.
Signed sealed published and delivered by the said testator as and for his last will in our presence whoin his presence have subscribed our names as witnesses:
Hugh W. Hoyles.
Chas H. Simms"
Stamped by the registrar's office in St Johns Newfoundland Aug 10 1888. And thus this was probably a copy taken from Susan Hoyles' file.
Transferral of Executor Responsibility and Restatement of David Stuart Rennie Will Provisions (1866)
Summary written by the PEI Registrar:
"Dated 19 April 1866 Hugh W Hoyles to Robert Rennie - Release Registered 10 May 1866 at 2 Oblvett [??] PN. [??] are the annexed Certificate and ackn [abb. for acknowdgement] of Robert Rennie
R. H. Crawford Registrar."
"This Identure made the Nineteenth day of April in the year of our Lord One thousand Eight hundred and Sixty Six Between Hugh W. Hoyle, of the City of Saint Johns in the Island of Newfoundland, Chief Justice of Her Majesty's Supreme Court of Newfoundland of the one part and and [??] Robert Rennie of Charlotte Town in Queens County in Prince Edward Island. Esquire of the other part. Whereas David Stewart [should be Stuart] Rennie was in his lifetime and at the time of his decease Seized in fee simple and possessed of diverse real and personal Estate Situate in Prince Edward Island aforesaid And Whereas the said David Stewart Rennie duly made signed and published his last Wills and Testament in writing having date the Twenty first day of June in the year of our Lord One thousand eight hundred and fifty six and after bequeathing the sum of one hundred pounds to his brother William Frederick Rennie and a like sum to his brother the said Robert Rennie did thereby devise and bequeath the remainder of his real and personal Estate of every description to his Executor therein after named and his heirs upon the trusts therein declared that is to say in case the said Testator should die before his wife Susan Rennie leaving no children upon trust to pay assign convey and appropriate one third of his real and personal Estate to his wife the said Susan Rennie and her heirs for every to pay and appropriate the rents issues and profits of the remaining two thirds to the extent of an Annuity - during the life of the said Robert Rennie and of Seventy pounds Sterling per occurence to the said Robert Rennie for the term of his natural life and the excess beyond such annuity during the life of the said Robert Rennie and the whole of such rents issues and profits after his death to the use of the said Susan Rennie during the term of her natural life and after her death to pay assign convey and appropriate.
The remaining two thirds Subject nevertheless to the aforesaid annuity to the said Robert Rennie should be there survivor to and among the children and grandchildren of the said Testator's father there surviving and their heirs in such proportions as she the said Susan Rennie by the last Will to be signed in the presence of two witnesses should die at and appoint and in default of any such appointment to and among such children and grandchildren pursuant to the Statue of Distributions but in the event of the said Susan Rennie dying in the lifetime of the said Testator there upon the further trust to pay assign convey and appropriate one half of the said Testator's real and personal Estate write [??] and to the use of the children of the said William Frederick Rennie by his wife Catharine Rennie or McNabb Surviving at the death of the said Testator and their heirs equally and to pay such appropriate the rents issues and profits of the remaining half part unto and to the use of the said Robert Rennie during his life and after his death unto and the use of his children and their heirs but in the event of the said Robert Rennie dying leaving no children him surviving then unto and to the use of the said William Frederick Rennie and his heirs forever And the said Testator did hereby appoint the Hugh W. Hoyles Executor of his said last Will and Testament and there by lastly deceased that in case any child or children should be born to him the said Testator after the date of said Will who should survive at his death the said last Will and testament should become void and of no effect And Whereas the said testator David Stuart Rennie died on or about the day of February in the year of our Lord one thousand eight hundred and sixty five without having altered or reworked his said last Will and Testament leaving no children but leaving his wife the said Susan Rennie herein surviving And Whereas the said Hugh W. Hoyles renounced the office of Executor of the said Will and refused to take upon himself the burthen of the Execution thereof and whereas the Surrogate and Judge of Probate of the said Island did thereupon on the Twenty Ninth day of April in the year of our Lord One thousand Eight hundred and sixty five grant Letters of Administration Cerice [????] Testamento annexo to the said Robert Rennie And Whereas Hugh W. Hoyles refused to accept the said Real and Personal Estate by the said here in before made recited Will to him deceased and bequeathed as aforesaid as to act or intermeddle recited in the Trusts thereof. And Whereas the said Susan Renne thereupon did Exhibit her bill of Complaint in Her Majesty's Court of Chancery of Prince Edward Island against the said Hugh W. Hoyles setting firth the said here in before vested Will and that the Said Hugh W. Hoyles refused to act in the Trusts thereof and was desirous of being discharged herefrom but by seabace [?????] of the said Will containing no paccei [????] to appoint a New Trustee praying that it might be referred to one of the masters of the said Court to appoint a New Trustee under the said Will in the place and Stead of the said Hugh W. Hoyles and that the said Hugh W. Hoyles might be directed to join in such Testament or Instruments as might be necessary for conveying or releasing the said Trust Estate to such New Trustee upon the Trusts of the said Will and There upon that the said Hugh W. Hoyles might be discharge from the Trusts Hereof And Whereas the said Hugh W. Hoyles having caused an appearance to be entered for him at the Suit of the Said Susan Rennie in the said Court of Chancery made answer therein a decutting the truth of the matters in the said Bill of Complaint of the said Susan Rennie contained and set forth and did thereby disclaim all right title and interest in and to the said Estates devised and bequeathed to him in and by the said here in before recited Will and expressed his desire to be discharged there from and to do and Act for that purpose as the said Court should direct And Whereas the said Court of Chancery did thereupon order and direct that it be referred to Mr. Haviland and of the Masters of the Said Court to approve a proper person Trustee fo the Will of the said David Stuart Rennie in the place of the said Hugh W. Hoyles and that the said Hugh W. Hoyles, should convey and assign the Trust Estate vested in him by the said Will concerning the same or such of them as are now subsisting as capable of taking effect and that such conveyance and assignment be settled by the said Master And Whereas the said Master in pursuance of the said order did by his Report bearing date the fourth day of November in the year of our Lord one thousand Eight hundred and Sixty five and duly filed in the office if the Registrar of the said Court of Chancery appoint the said Robert Rennie to be a Trustee of the said Will of the said David Stuart Rennie deceased. And whereas the said Robert Rennie hath agreed to accept the office of such Trustee testified by his being a party to and Executing these pursuits And whereas the said Master hath settled and approved of the Conveyance and assignment here made as appears by his Certificate signed with his hand and written in the margin of the last sheet of these presents Now this Indenture witnesses that in the pursuance of the direction of the said here in after recited order of the said Council of Chancery and in obedience thereto He the said Hugh W. Hoyles Doth hereby grant release and convey unto the said Robert Rennie and his heirs. All the here detecteants [????] and precesses and Singulare other the Real Estate situate in Prince Edward Island by the said here in after recited Will delivered or expressed to be devised to the said Hugh W. Hoyles his heirs and assigns as here in before is mentioned with their appertunances And all the Estate Right and Title of him the said Hugh W. Hoyles of in and to the several premises and every part there of respectively
To have and to hold all and Singular the said hereditanants and premises hereby released as intended so to be with [???te] the said Robert Rennie and his heirs to the uses following that is to say to the use of the said Robert Rennie his heirs and assigns for the Trusts interests and purposes and all under and Subject to the powers promises and dealactionary [????] upon with under and Subject to which the said hereditanants premises and Said Real Estate here in before released as expressed and understood so to be would now under and by virtue of the said Will Stand and be Subject respectively in case the said Hugh W. Hoyles had not disclaimed and this present Indenture had not been made and executed and the said Robert Rennie had been originally made a Trustee in and under the said Will instead of the said Hugh W. Hoyles and the name of the said Robert Rennie had accordingly been in the said Will inserted instead of the name of the said Hugh W. Hoyles Now this Indenture also witnesseth that in further pursuance of the direction of the said hereinbefore recited order of the said Court of Chancery and in further obedience there to the said Hugh W. Hoyles Doth hereby assign to the said Robert Rennie his Executors administrators and assigns all the personal Estate of what nature or kind source situate in Prince Edward Island and by the said hereinbefore recited Will bequeathed or expressed so to the to the said Hugh W. Hoyles his Executors Administrators and assigns as hereinbefore is mentioned with the appentunances And all the Estate Right Title and Interest of him the said Hugh W. Hoyles of in and the the same and every part there of To have and to hold the said personal Estate and all and singular other the promises hereinbefore assigned or expressed and intended so to be unto the said Robert Rennie his Executors administrators and assigns upon and for the trusts interests and purposes and with under and subject to which the same promises would now under and by virtue of the said Will Stand and be subject respectively in case the said Hugh W. Hoyles had not disclaimed and this present Indenture had not been made and executed and the said Robert Rennie had been made a Trustee in and under the said Will instead of the said Hugh W. Hoyles and the name of the said Robert Rennie had accordingly been in the said Will inserted throughout instead of the said Hugh W. Hoyles And the said Hugh W. Hoyles doth hereby for himself his heirs Executors and Administrators covenant with the said Robert Rennie his heirs Executors administrators and assigns respectively that he the said Hugh W. Hoyles has not at any time heretofore made done committed or executed or knowingly or willingly permitted or suffered or been party or privy to any Act deed matter or thing whereby or by reason or means whereof the said hereditaments premises and Real Estate within Prince Edward Island aforesaid hereinbefore released or or expressed and released so to be or the said Personal Estate within the said Island hereinbefore assigned expressed and intended so to be or any of these or any part hereof are as can shall or may be impeached charged affected or encumbered in title Estate or otherwise howsoever The Witness Whereof the said parties hereto have herewith their hands and Seals Subscribed and set the day and year first above written
Signed Sealed and delivered by the said Hugh }
Hugh W. Hoyles
W. Hoyles in the presence of Rob R. W. Lettey, Not. Pub. [Notary Public] }
Signed Sealed and by the said Robert }
in the presence of Edward J. Hodgson }
St John's to Vit } Robert R. W. Lilly of St Johns in the Island of Newfoundland Esquire maketh oath and saith that he was present and did see the Honourable Hugh W. Hoyles named and described in the Indenture of Release and assignment hereunto annexed duly sign sign seal and as his act and deed deliver the same on the day on which it bears date and that the name "Hugh W. Hoyles" to the same subscribed is of proper hand writing of the said Hugh W. Hoyles who executed the same in the presence of this depanent Sworn to before me at Chambers in St Johns Newfoundland this 19th day of April AD 1866
Bryan Robertson, Assistant Judge of Supreme Court
Robert Rennie Will
RG 6.2.S.1 Liber 9', folio 183-186
"I Robert Rennie of Charlottetown Prince Edward Island Esquire being of sound and disposing mind and memory do hereby make my last will and Testament. I hereby revoke all wills and Testamentary dispositions by me at any time heretofore made. I devise all my real estate and I bequeath all the personal Estate which shall belong to me at my decease to Edward Jarvis Hodgson of Charlottetown aforesaid Barrister at law and John Ball of the same place Esquire Upon Trust to sell and convert into money my real and personal estate when and as the Trustees or Trustee for the time being of my will shall in their or his absolute discretion deem it most advantageous so to do with power to make any special or other conditions of sale as to the title or otherwise and with power to buy in the premises at any sale by public auction and to rescind or vary either in terms or gratuitously any contract for sale and to resell the premises without being liable for any consequent loss and to execute and do all assurances and acts which may be necessary for vesting the premises so sold in the purchasers thereof respectively. And I declare that in the mean time and until the Sale thereof respectively such real and personal estate and the rents interests and yearly produce thereof respectively shall be subject to the truth and provisions hereinafter declared concerning the money to arise therefrom and concerning the income of such money and that such real estate shall be considered as convicted in equity from the time of my decease for the functions of such Trust and possession and I direct my said Trustees or Trustee out of said Trust money firstly to pay all my just debts funeral and testamentary expences. Secondly to pay to the said John Ball the sum of fifty dollars in view of the trouble which may devolve upon him in the execution of this my will. And I direct my Trustees or Trustee for the time being to invest the residue of the money to arise from the real and personal estate to be sold and gotten in as aforesaid (after paying the aforesaid sums) in the names or name of the said Trustees or Trustee in and upon such securities real or personal in Prince Edward Island as they may deem advisable with liberty to vary and transfer the investments from time to time at the discretion of the Trustees or Trustee for any other investment or investments of the description contemplated by this Trust and as to the securities wherein the same money shall be invested (which money and securities are herein after designated "my trust fund") my said Trustees or Trustee shall stand possessed thereof In trust to pay and lay out the annual income of my said trust fund in manner following, first to pay to my housekeeper Mrs. Maria Robinson an annuity or yearly sum of one hundred and thirty dollars by four equal quarterly payments of Thirty two dollars fifty cents each yearly as long as she shall live. Secondly to pay and lay out the residue of the said annual income in and upon the maintenance support and education of Eliza Melinda Aitkin an orphan girl now living under my roof and daughter of Mrs. Susanna Davidson Aitkin late of Charlottetown deceased until she shall arrive at the age of Twenty one years and from and after that time to pay the same to her for her life to be employed by her during any and every covecture [??] as her separate property free from marital control and without power of anticipation and from and after her decease to pay assign transfer and set over the residue of my said trust fund to and among such of the issue of the body of the said Eliza Melinda Aitkin lawfully begotten as she shall by will notwithstanding her coverture [??] appoint and in default of such appointment to and among such issue of more than one share and share alike and if but one then to that one absolutely but in case the said Eliza Melinda Aitkin shall die under twenty one years of age or without leaving any issue of her body lawfully begotten her surviving then I direct my Trustees or Trustee for the time being to stand possessed of and be interested in the said residue of the annual income arising from my Trust Fund. In trust for Mrs. Catherine Rennie wife of my brother William Frederic Rennie in case she should be then alive but in case she should not be then living then In Trust for the youngest child of my said brother who shall be living at the time of the decease of the said Eliza Melinda Aitkin as aforesaid his or her heirs Executors Administrators and Assigns absolutely After the decease of the said Maria Robinson I direct that my said Trustees or Trustee for the time being do and shall stand possessed of and interested in that part of my Trust Fund the income from which was appropriated for and was paid as her annuity in her life time - upon and for the same trust intents and purposes and with under and subject to the same powers provisions and conditions as are mentioned and expressed touching the residue of my said Trust Fund hereinbefore declared in favor of Eliza Melinda Aitkin for her life and after her death to the issue of her body lawfully begotten and in case she should die under the age of twenty one years or without issue then with the like remainder over in favor of Mrs. Catherine Rennie if she should be then alive or in case she should not be living then in favor of the youngest child of my said brother William Frederick Rennie as are hereinbefore declared And I declare the receipts of my said Trustees or Trustee for the time being shall effectually discharge all persons paying them any sum of money under this my will from any liability to see to the application thereof And I declare that my said Trustees shall be answerable for their own respective acts receipts and defaults only and shall be at liberty to retain and to allow to each other out of the money coming to their hands by virtue of this my will all expences incurred in executing the Trusts thereof I direct that my Trustee Edward Jarvis Hodgson shall notwithstanding his acceptance of the Trusteeship be allowed all professional charges which if employed as Solicitor to my Trustees not being himself a Trustee he would be entitled to make. I empower the competent Trustees or Trustee for the time being of this my will to fill up the vacancies which from time to time shall occur in the Trusteeship by the death in my lifetime or afterwards or by the disclaimer resignation secession incompetency or unfitness of any Trustee. And in default of any surviving or continuing competent Trustee then this power shall be exercisable by the proving Executors or Executor for the time being or the administrators or administrator for the time being of the last deceased Trustee. And upon every new appointment proper assurances of my Trust Estate shall be executed at the cost of my Estate. And I further declare that every new Trustee shall be an Executor of this my will and that all the Trusts powers and discretions which are hereby vested in the Trustees herein named or which are hereinbefore expressed to be given to "my Trustees" may be executed by the Trustees or Trustee for the time being of this my will. And I hereby appoint the said Edward Jarvis Hodgson and John Ball guardians of the said Eliza Melinda Aitkin so far as I lawfully can appoint a guardian who am myself the guardian appointed by the Court of Probate. And I do express the earnest hope that the said Edward James Hodgson and John Ball will in all things concerning her as they can guard the interest of the said Eliza Melinda Aitkin and act in all things concerning her as they believe I should have done had my life been spared to watch over her. In case of the deceased of the said Edward Jarvis Hodgson during my lifetime or after my decease the I appoint the Honourable Frederick De Saint Croix Brecken of Charlottetown together with the said John Ball to be executors of this my will and also Trustees thereof to and for the intents and purposes hereinbefore mentioned and expressed In witness whereof I the said Robert Rennie have to this my last will and Testament set my hand and affixed my seal this eleventh day of May in the year of our Lord one thousand eight hundred and seventy six.
Signed sealed and delivered In the presence of signed [?]
Robert Rennie [Seal]
This will was proved in the 31st August 1876, on the oath of Robert Stewart, a subscribing witness, and on the same day, Probate was granted to John Ball, one of the Executors reserving power to grant the same to either of the [??] Executors [?]
Judge of Probate"