8/4/1897 · DEED · book 13 page 356 doc 5578

356: Know all men by these Presents, That I Byron S. Reynolds of Hopkinton, County of Washington and State of Rhode Island called the grantor in consideration of the sum of twenty five dollars to me paid by Charles H. Gardner of Richmond, County and State aforesaid hereinafter called the Grantee the receipt whereof is hereby acknowledged do hereby give, grant, bargain, sell and convey unto the said Grantee his heirs and his assigns forever, A certain lot or parcel of land situated at Enumerating beach in the Town of Charlestown, County of Washington, State of Rhode Island Bounded and described as follows to wit: Beginning at a stone bound situated at the Southeast corner of the lot herein conveyed by the highway and 16 feet to northerly from the Southeast corner of my lot Thence Westerly on a line parallel north and 16 feet from my South line a distance of 110 feet from the highway line to a stone bound set in the ground marking the Southwest corner of said lot Thence Northerly 40 feet to land of Melanie Lewis owner of lot No 13 as marker on plot "Cottage site" Thence Easterly 110 feet to the highway thence southerly by the highway 40 feet to the first mentioned stone bound containing 440 sq vars more or less and upon condition the grantee pays one half of the expense of keeping in repair the plot or street 16 feet wide on the South of the lot herein conveyed, he shall have the right to pass to and from the highway over said street when not used or occupied by the grantee in going to & from his cottage. I do have also to hold the aforesaid premises with all the privileges and appurtenances thereto belonging, und to the use of the said Grantee and his heirs and assigns forever And I the said Grantor do hereby for myself and for my heirs, executors and administrators covenant with the said Grantee and his heirs and assigns that I am lawfully seised in the full fee of the said granted premises, that the same are free from all incumbrances whatsoever, that I have good and right full power and lawful authority to sell and convey the same in manner as aforesaid, that the said Grantee and his heirs and assigns shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises, and that I the said Grantor will and my heirs, executors and administrators shall warrant and defend the same to the said Grantee and

his heirs and assigns forever against the lawful claims and demands of all persons. And for the consideration of aforesaid I Mary Reynolds the wife of Peyton S. Reynolds do hereby release all my right of dower in and to the said granted premises unto the said grantee and his heirs and assigns forever. In witness whereof we have hereunto set our hands and seals this 20th day of July in the year of our Lord one thousand eight hundred and eighty seven 1887 Signed and sealed in presence of John Lo Kenyon Peyton S. Reynolds L.S. Mary Reynolds L.S. State of Rhode Island County of Washington In Hopkinton on the 20th day of July AD 1887 before me personally appeared Peyton S. Reynolds to me known, and known by me to be the party securing the foregoing instrument, and acknowledged said instrument, by him declared to be his free act and deed. John Lo Kenyon Notary Public L.S. Received for record August 4 1887 at 11 oclock AM, and recorded by George Converse Town Clerk To All People to whom these presents shall come. I Frank E Bheen of Charlestown in Washington County in the State of Rhode Island, hereinafter called the grantor Send Greeting, Know ye, that I, the said grantor for and in consideration of the sum of one dollar to me in hand, before the executing hereof, well and truly paid by James Gonsalves of Westly, in said Washington County, hereinafter called the grantee, the receipt whereof I do hereby acknowledge and am therewith fully satisfied contented and paid, and thereof and by every part and parcel thereof do separate acquit and discharge the said grantee his heirs executors and administrators forever by these presents have given, granted, bargained, sold, aliened conveyed conveyed and confirmed, and by these

being named as one of the trustees, and either my sister, Genette T. Collins, or my brother, Charles W. Collins, shall survive me, then I, give, devise and bequeath all the rest, residue and remainder of my estate of every name, nature and description of which I may die seized and possessed or over which I may have the power of testamentary disposition this to the trustees named in said trust instrument to be added to, held and become a part of my said trust estate and to be administered in accordance with the terms and provisions of said trust as though it had originally formed a part of the same. ELEVENTH: If I shall not have established the trust referred to in the Tenth Clause of this instrument and my sister, Genette T. Collins, and my brother, Charles W. Collins, or either of them shall survive me, then I give, devise and bequeath all the rest, residue and remainder of my estate, real, personal or mixed, of which I shall die seized and possessed, or over which I may have power of testamentary disposition, to my sister, Genette T. Collins, and to said Rhode Island Hospital Trust Company (and to said Rhode Island Hospital Trust Company alone if my sister shall not survive me) to have and to hold the same in Trust, however, for the following uses and purposes, to hold and manage the same, to collect all income arising therefrom, and after paying all reasonable expenses arising from the management of this trust estate, paying that part which is chargeable to income from income and that part which is chargeable to principal from principal, to pay from the net income to my brother, Charles W. Collins, the sum of Three Thousand ($\text{3,000.00}$) Dollars each year, during his lifetime, and to pay the remaining net income to my sister, Genette T. Collins, during her lifetime, all payments of income to be made quarterly or oftener, and I direct that the payments to my sister shall not in any event be less than Fifteen Hundred ($\text{1,500.00}$) Dollars each three months, and in any manner the payments to my brother shall not be less than Seven Hundred Fifty ($\text{750.00}$) Dollars each three months. If the net income shall not be sufficient to make these quarterly payments, the deficiency in each three months' period shall be paid out of principal. Upon the death of my sister, if my brother shall still be living, I direct all that income not needed to be paid to him, shall be accumulated and invested and added to the prin- cipal of this trust. Upon the death of the survivor of my sister and my brother, I direct my trustee to make the following dissepsim of my then trust estate: to pay to said First Congregational Society (Unitarian) the sum of Five Thousand ($\text{5,000.00}$); to the Young Woman's Christian Association the sum of Fifteen Thousand ($\text{15,000.00}$) Dollars; and to the Providence Boys' Club the sum of Fif- teen Thousand ($\text{15,000.00}$) Dollars. and I direct my trustee to transfer and pay over one-third part of the remaining trust estate to the Rhode Island Hospital a charitable institution located in the City of Providence for its charitable purposes, and the remaining two-thirds part to Brown University, an educational institution, located in the City of Providence, one- third of said remaining two-thirds part to be used and employed for the benefit of Pembroke College, the college for the education of young women, located within said Brown University, of which gift I request That Twenty Thousand ($\text{20,000.00}$) Dollars be set aside for the purpose of assisting worthy students of Pembroke College in paying their expenses while in college and in the granting of fellowships to enable the pursuit of advanced studies so far as deemed advisable, and the other two-thirds of said two-thirds part given to Brown University to be employed for the general uses and purposes of said Brown University of which gift I request that Thirty-five Thousand ($\text{35,000.00}$) Dollars be set aside for the purpose of assisting worthy students in paying their expenses while in college and in the granting of fellowships to enable the pursuit of advanced studies so far as deemed advisable. The said Twenty Thousand ($\text{20,000.00}$) Dollars and the said Thirty-five Thousand ($\text{35,000.00}$) Dollars, respectively, may be employed for the purposes stated both as to the principal and as to income. TWELFTH: I hereby confer upon my trustees underall of the foregoing trusts the following

221 discretionary powers, to be exercised from time to time as they deem proper, but without in- tending hereby to limit any powers conferred upon them by law; To continue to hold in such investments as shall come to them the whole or any part or parts of my said trust property for such time or times as they shall deem proper without being responsible for any resulting loss, and without regard to the proportion with which such securities may bear to the total of said trust property; To vary any investment or reinvestment of said trust property, and for this purpose or for any other purposes of these trusts to sell or any said investments or reinvestments, real or personal, at public or private sale or at broker's said, without the purchaser being required to inquire into the necessity for or propriety of such sale or to see the application of the purchase moneys; and further, to rescind any contract of sale and resell the property without being responsible for any resulting loss; To lease or to join with others in leasing any real estate belonging to said trust property for such periods of time, even though by possibility extending beyond the period of the trusts, and for such rentals and upon such other terms, as they shall deem proper; To invest and keep invested the trust property in good income-producing securities, either within or without the State of Rhode Island, and without being restricted to investments at any time prescribed by law for the investment of trust property; To make such divisions of the investments of the principal of the trust property as may be required for the proper administration of the trusts aforesaid, and for this purpose to put valuations upon investments, and such valuations and divisions shall be binding upon all persons interested or thereafter to become interested under these trusts; but with power meanwhile to retain my said trust property in one or more funds so long as they deem it proper so to do, and divide the income thereof; To join with others in the reorganization of my company, or in the consolidation with another or others of any company, in which my said trustees hold any shares or corporate stock or other securities, either with or without the deposit of said shares or securities with any committee, and to bear a proper proportion of the expenses of any such re-organization or consolidation, and to subscribe and pay for any new securities under any plan of re-organization or consolidation. To retain and apply, at any time or from time to time, any available income of the trust estate generally to reducing the purchase price or book value of any property at any time constituting a portion of the trust estate, as my said trustees in their uncontrolled discretion deem advisable, adding to principal all sums so retained. In case my said trustees shall purchase at a premium, or shall receive at a premium as a portion of the trust estate bonds or other evidences of indebtedness, they may annually deduct from income and add to principal such sums as will amortize such premium over the remaining life of such security; To adjust by compromises or by arbitration any claim either in favor of or against said trust property; To take and receive a proper compensation for their services as trustees from either income or principal or partly from one and partly from the other in such proportions between them as the trustees shall deem proper. I direct that dividends made in stock or securities (except scrip for ordinary dividends), the proceeds of the sale or rights to subscribe for new securities, and extraordinary cash dividends, shall be added to the principal and not paid out as income; and if there shall be any doubt as to whether or not any cash dividend is extraordinary within the meaning of this clause, the decision of my said trustees shall be final and binding upon all persons interested or to become interested under said trusts. I specifically direct that my said trustees may, by proxy duly executed, designate one of their number to vote any shares of stock constituting a portion of the trust estates or may, by

222 proxy duly joined executed, join in giving such power to vote such shares to another person or persons. All the foregoing powers and all discretions conferred upon my said trustees, may so far as said Rhode Island Hospital Trust Company is concerned therewith, be exercised from time to time in the uncontrolled discretion of its committee or any of its officers having the general oversight of trust properties. To invest and keep invested said trust property in securities or, in the discretion of said trustees, in forms of property other than securities, or partly in each, in either case whether or not income-producing, and whether or not situated within the State of Rhode Island, and without being restricted to investments at any time prescribed by law for the investment of trust property; The enumeration of the foregoing powers shall not be construed as excluding or intended to prevent the exercise by said trustees, or the granting by any court of competent juris- diction, of any other powers appropriate for the management and control of trust properties. Having in mind the uncertain times in which we now are living and the unusual and disturbing economic conditions throughout the world as a result of World War II, and realis- ing that the management of trust estates for a long time to come will be difficult and de- mand the exercise of a broad discretion on the part of the trustees, and believing that the methods and principles heretofore commonly used in their management may no longer be held to constitute sound business judgment, and wishing my trustees to recognize and act accord- nance with these conditions and in so acting to be free to ignore past practices whenever upon mature consideration it is deemed desirable to do so, I therefore expressly authorize and empower my trustees to act in the management of my trust estate especially with respect to making investments and reinvestments from time to time as they may deem wise under the cir- cumstances, to assume risks and to act in a manner which may not heretofore have been con- sidered good practice in the management of trust estate. I expressly exonerate my said trustees from all blame and liability for so acting and for any loss or damage which may arise from any such action on their part. I ask that my trustees will give careful con- sideration to the suggestions contained in this clause and that they will act freely under the powers herein granted. SIXTEENTH: If neither my sister, Genette T. Collins, nor my brother, Charles W. Collins, shall survive me, then I give, devise and bequeath all the rest, residue and remainder of my estate which I may die seized and possessed, real, personal or mixed or over which I may have the power of testamentary disposition as follows: a further sum of Five Thousand ($\$5,000.$) Dollars to said First Congregational Society (Unitarian); a further sum of Fifteen Thousand ($\$15,000.$) Dollars to said Young Woman's Christian Association; and a further sum of Fifteen Thousand ($\$15,000.$) Dollars to said Providence Boys' Club; and of the remainder of one-third part thereof to the Rhode Island Hospital, a charitable institution located in said Providence to be used and employed in the advancement of its charitable purposes, and the remaining two-thirds part thereof to Brown University, an edu- cation institutional institution located in said Providence, one-third of said remaining two-thirds part to be used and employed for the education of young women located within said Brown University, of which gift I request that Twenty Thousand ($\$20,000.$) Dollars be set aside for the purpose of assisting worthy students in the payment of their expenses while in college and in the granting of fellowships to enable the pursuit of advanced studies so far as deemed advisable, and the other two-thirds part of said two-thirds part to given to Brown University to be employed for its general uses and purposes, of which gift I request that the sum of Thirty-five Thousand ($\$35,000.$) Dollars be set aside for the purpose of assisting worthy students in the payment of their expenses while in college and in the granting of fellowships to enable the pursuit of advanced studies so far as deemed advisable. The said Twenty Thousand ($\$20,000.$) Dollars, re-

223 spectively, may be employed for the purposes stated both as to principal and as to income. FOURTEENTH: I hereby appoint the said Rhode Island Hospital Trust Company and Genette T. Collins, if she shall survive me, as co-executors of this my will and direct that they be not required to give any surety upon their bond as such co-executors, and, so far as I have the power to do, that they be not required to file any inventory or to render any public account of my estate); and I further direct that my said executors pay all death duties, legacy, transfer or inheritance taxes, or other similar taxes, however designated, by whatever jurisdiction imposed, out of my residuary estate and that the same shall be a charge upon such residuary estate to the exoneration of all legacies and other beneficial interests given under this will. I hereby authorize my said executors, whenever in their opinion it shall be necessary or advisable in the course of the administration of my estate, to sell at private sale at such prices and upon such terms as they shall see fit, including the acceptance of a purchase money mortgage for a portion of the purchase price, any property, real or personal, which I shall own at the time of my death (which is not specifically devised or bequeathed), and to execute assignments, transfers and conveyances thereof as they shall deem proper, without seeking or securing authority from or the advice and direction of, the probate court having jurisdiction of the administration of my estate. IN TESTIMONY WHEREOF, I have hereunto set my hand this 21st day of February, in the year of our Lord One Thousand Nine Hundred and Forty-six. JAMES C. COLLINS Signed, published and declared by the said JAMES C. COLLINS as and for his last will and testament in our presence who have, at his request, in his presence, and in the presence of each other, hereunto subscribed our names as witnesses. FRED A. OTIS 21 Harwich Road, Providence, R. I. FLORENCE P. EDGERS 38 Somerset Street, Providence, R. I. Received for record February 1st, A. D. 1958 at 4:00 o'clock, p. m., and recorded by [Signature] Town Clerk MORTGAGE DEED KNOW ALL MEN BY THESE PRESENTS, That We, EUGENE C. O'DONNELL, JR. and MAPALDA Y. O'DONNELL, husband and wife, both of the Town of Richmond, County of Washington and State of Rhode Island, hereinafter called the mortgagors, for consideration paid, grant to THE WASHINGTON TRUST COMPANY, a corporation created by Act of the General Assembly of the State of Rhode Island, located and having its principal office and place of business in the Town of Westerly, County of Washington and State of Rhode Island, hereinafter called the mortgagee, with MORTGAGE COVENANTS, to secure the payment of EIGHTY-FIVE HUNDRED and 00/100 ($8500.00) Dollars, with interest tenure at the rates specified in a certain negotiable promissory note of the mortgagors of even date herewith, said principal and interest being payable in monthly installments of SIXTY and 00/100 ($60.00) Dollars each on the 5th day of each successive month commencing March 5, 1958 until said principal and interest are paid in full, all as provided in said note, the following described land, together with all buildings and other improvements now or hereafterappertaining, and, together with including as part of the realty, all heating and air-conditioning apparatus, plumbing, stoves,