2/1/1958 · MISC · book 36 page 218 doc 5578@36/218

218 In Westerly on the 24th day of January, 1958, before me personally appeared EDWARD A. HOSP and LILLIAN H. HOSP, to me known and known by me to be the parties executing the foregoing instrument, and they severally acknowledged said instrument, by them executed, to be their free act and deed. HAROLD B. SOLOVEITZK Notary Public. Received for record January 25th, A. D. 1958 at 4:36 o'clock, p. m., and recorded by [Signature] Town Clerk ---- DISCHARGE OF MORTGAGE The undersigned, having received full payment and satisfaction of a certain mortgage recorded in the records of land evidence in the Town of Charlestown in the State of Rhode Island, in Book number 36 at page 218 & following, do hereby discharge the same. And We covenant to and with the person making said payment that we are the present owners of said mortgage. IN WITNESS WHEREOF, we have hereunto set our hand and seal this 16th day of February, 1961. Signed in presence of } } VIOLET D. ELY } NANICE K. ELY Received for record February 27th, A. D. 1961 at 9:05 o'clock, a. m., and recorded by [Signature] Town Clerk ---- State of Rhode Island etc. County of Providence PROBATE COURT OF THE City of Providence March 15, 1950. A true copy of the last will and testament of James C. Collins, late of Providence, deceased, duly proved on January 27, 1950. Attest: J. Henry A. Griffin Clerk (L. S.) hd A.A.D. WILL OF JAMES C. COLLINS I, JAMES C. COLLINS, of the City and County of Providence in the State of Rhode Island, do make, publish and declare this instrument as and for my last will and testament, hereby revoking all former wills by me made: FIRST, I direct my executors hereinafter named to pay all my just debts, funeral expenses, and administration charges, and direct that my debts be paid as promptly as may be after administration is granted. SECOND, I give, devise and bequeath to my sister, Genette T. Collins, if she shall survive me, all my personal effects of every nature, all household furniture and furnishings ornaments, books and other articles of like nature, located or usually located in my home where I may then reside; also any automobiles and all other tangible personal property I may own and the house and lot where I now reside at the southwest corner of Loring and President Avenues in the City of Providence. THIRD, I give, devise and bequeath to Harold B. Tanner of Providence my shares of stock of the Ningnet Country Club, and my interest in any real estate which I may own located in the Town of Charlestown, Rhode Island, except any interest I may have in

219 Quancompaug Lodge, which is located in said town. FOURTH: I give and bequeath the share I own in Quancopaug Lodge to said Lodge. FIFTH: I give and bequeath to said Harold B. Tanner all my interest in the library, office fixtures and all property of a tangible nature owned by us together and which are used and employed in the partnership of Tillinghast, Collins and Tanner. SIXTH: I give and bequeath the following legacies to the persons named and direct that they be paid promptly as may be after my death pretty: To William R. Dorman of Palmyra, New York, if he shall survive me, the sum of Ten Thousand ($10,000.) Dollars, and if he shall not survive me, but his wife, Elian J. Dorman, shall survive me, to her the sum of Five Thousand ($5,000.) Dollars; To Albert C. White of Fallernville, New York, if he shall survive me, the sum of Fifteen Thousand ($15,000.) Dollars, and if he shall not survive me, I direct that said sum of Fifteen Thousand ($15,000.) Dollars shall be given to his widow, Louise L. P. White, and their three daughters, Joan W. Cutler, Adrienne W. Lightburn of Hawthorne, B. Wa. I [?], and Barbara W. Roessler, to share equally, the issue of any deceased daughter to take the share which the deceased parent would have taken if living; To Edward S. White of Providence, if he shall survive me, the sum of Fifteen Thousand ($15,000.) Dollars; To said Harold B. Tanner, if he shall survive me, the sum of Fifty Thousand ($50,000.) Dollars, and if he shall not survive me, then said sum is bequeathed to his wife Kate C. Tanner, if shall survive me, otherwise to their two sons, Ralph C. Tanner and Earl B. Tanner, and to the survivor of them, the issue however of a deceased son to take the share which the deceased parent would have taken if living; To Adin Ballow of New York City, if he shall survive me, the sum of Fifteen Thousand ($15,000.) Dollars; To Mary C. Barrows, of the City of Cranston, widow of the late Chester W. Barrows, the sum of Ten Thousand ($10,000.) Dollars; To Alexander L. Churchill of Providence the sum of Ten Thousand ($10,000.) Dollars and if he shall not survive me, then to his wife, Ethel P. Churchill; To Chester W. Cook of Evanston, Illinois, the sum of Ten Thousand ($10,000.) Dollars, and if he shall not survive me then to his wife, Florence Cook, if she shall be living, the sum of Five Thousand ($5,000.) Dollars. SEVENTH: I give and bequeath to my brother, Charles W. Collins, the sum of Twenty Thousand ($20,000.) Dollars if he shall survive me. EIGHTH: I give and bequeath the following sums of money to the named charities, all located in the City of Providence: To the First Congregational Society (Unitarian) the sum of Ten Thousand ($10,000.) Dollars; To the Young Woman's Christian Association the sum of Fifteen Thousand ($15,000.) Dollars; To the Providence Lying-In Homeopathic Hospital the sum of Fifteen Thousand ($15,000.) Dollars; To the Providence Lying-In Hospital the sum of Ten Thousand ($10,000.) ; To Butler Hospital the sum of Five Thousand ($5,000.) Dollars; To the Young Men's Christian Association the sum of Five Thousand ($5,000.) Dollars; To the Providence Animal Rescue League the sum of Five Thousand ($5,000.) Dollars; To the Providence Boys' Club the sum of Fifteen Thousand ($15,000.) Dollars; To the Providence Athenaeum the sum of Five Thousand ($5,000.) Dollars. NINTH: Realizing the important position which the Bar of every State occupies in the enforcement of the law and the promotion and the welfare of the community in which its members live, and believing that this position depends upon the character and reputation of its members and the faithful performance of their obligations to uphold at all times the highest standards of the profession I give and bequeath the sum of Five Thousand ($5,000.) Dollars to the Rhode Island Bar Association to be used and employed by it for the advancement and upholding of those standards of the profession which are assumed by the members upon their admission to the Bar, and for the prosecution and punishment of those members who violate their obligations to the court and to the public. TENTH: If I shall have established a trust with the Rhode Island Hospital Trust Company, a duly incorporated banking institution located and doing business in the City of Providence, it

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 die seized and possessed or over which I may have the power of testamentary disposition 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 ($\$3,000.$) 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 ($\$1,500.$) Dollars each three months, and in like manner the payments to my brother shall not be less than Seven Hundred Fifty ($\$750.$) 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 that all 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 trustees to make the following disposition of my then trust estate: to pay to said First Congregational Society (Unitarian) the sum of Five Thousand ($\$5,000.$) Dollars; and to the Young Woman's Christian Association the sum of Fifteen Thousand ($\$15,000.$) Dollars; and to the Providence Boys' Club the sum of Fif- teen Thousand ($\$15,000.$) Dollars; and I direct my trustees 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 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 ($\$20,000.$) 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 ($\$35,000.$) 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 ($\$20,000.$) Dollars and the said Thirty-five Thousand ($\$35,000.$) 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 undercall all of the foregoing trusts the following

221 discretionary powers, to be exercised from time to time as they deem proper, but without intending 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 purpose of this trust to sell any of said investments or reinvestments, real or personal, at public or private sale or at broker's sale of ward, 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 to divide, and since 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 scriv 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 estate or may, by

222 proxy duly 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 intending to prevent the exercise by said trustees, or the granting by any court of competent jurisdiction, of any other powers appropriate for the management and control of trust properties. Having in mind the uncertain times in which we are now living and the unusual and disturbing economic conditions throughout the world as a result of World War II, and realizing that the management of trust estates for a long time to come will be difficult and demanding the exercise of a broad discretion on the part of trustees, and believing that the methods and principles heretofore commonly used in their management may no longer be helpful to constitute sound business judgment, and wishing my trustees to recognize and act accordance with these conditions and in so acting to be free to ignore past practices whenever opportunity 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 they may deem wise under the circumstances, to assume risks and to act in a manner which may not heretofore have been considered 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 consideration to the suggestions contained in this clause and that they will act freely under the powers herein granted. INHERITANCE: 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 my estate 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 educational 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 as college and in the granting of fellowships to enable the pursuit of advanced studies as far as deemed advisable, and the other two-thirds part of said two-thirds part to be 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 as 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-

228 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 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 so 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 St, 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 PARTS, 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 CONVEYANCE, to secure the payment of EIGHTY-FIVE HUNDRED and 00/100 ($8500.00) Dollars, with interest tenure on 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 hereafter appertaining, together with and including as part of the realty, all heating and air-conditioning apparatus, plumbing, stoves,