4/3/1962 · MISC · book 38 page 285 doc 7362@38/285

285 Beginning at a point in the westerly line of East Beach Road, said point being the northeasterly corner of the tract herein described and the southeasterly corner of land now or lately of Sam S. and Margaret Ferreri wife of said Sam S. Ferreri, running thence northerly with the westerly line of said Sam S. Ferreri a distance of ninety five and 710/100 (95.71) feet to an iron pipe set at an angle in the road; thence turning an interior angle of 169° 26' and running southeasterly and then easterly a distance of one hundred seventy five and 11/100 (175.11) feet to drill holes at the ends of a stone wall; thence turning an interior angle of 91° 4' and running southeasterly a distance of one hundred twenty five and 10/100 (125.10) feet to drill holes at the ends of a stone wall; thence turning an interior angle of one hundred ninety one and 4/100 (191.04) feet to drill a hole at a wall; thence turning an interior angle of 131° 33' and running southeasterly a distance of one hundred twenty five and 11/100 (125.11) feet to the northeasterly corner of land now or formerly of J. Alfred Burdick and following the line of a stone wall a distance of one hundred eighty eight and 4/100 (188.04) feet; thence turning an interior angle of 137° 43' and running easterly a distance of ninety five and 71/100 (95.71) feet; thence turning an interior angle of 43° and running easterly bounded northerly by land now or lately of Sam S. and Margaret Ferreri a distance of one hundred seventy five and 11/100 (175.11) feet to a drill hole at a wall; thence turning an interior angle of 180° 33' and running easterly a distance of sixty two and 24/100 (62.24) feet to the point and place of beginning, this last course making an interior angle of 180° 33' with the first line described herein. This mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALE provided, however, that notice of the time and place of a foreclosure sale may at the option of the mortgagee be published as otherwise provided by law and said STATUTORY POWER OF SALE shall be exercised following the time of publication in the State of Rhode Island, and that the foreclosure sale may at the option of the mortgagee be held either upon the premises or elsewhere as said mortgagee may determine. This mortgage is made subject to those additional covenants and agreements contained in an instrument entitled "ADDITIONAL COVENANTS OF MORTGAGORS OF PLANTATIONS BANK OF RHODE ISLAND," a copy thereof having this day been recorded by the said mortgagors in the Land Evidence Records of said town, and the said additional covenants are recorded in the Records of Land Evidence in said Charlestown in Mortgage Book 35, at page 380. Said additional covenants and agreements are hereby incorporated into this mortgage by reference and it is agreed that if default be performed in the performance of any of said covenants and agreements, it shall be lawful for the mortgagee to sell the above described premises pursuant to said STATUTORY POWER OF SALE as supplemented by this instrument. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 27th day of March in the year of our Lord one thousand nine hundred and sixty-two (1962). Executed in presence of A. M. Lefevre A. M. Lefevre FRANK FRISH (SEAL) ADA E. FRISH (SEAL) INDIVIDUAL ACKNOWLEDGMENT STATE OF RHODE ISLAND COUNTY OF PROVIDENCE In Providence on the 27th day of March, 1962, before me personally appeared the above named FRANK FRISH and ADA E. FRISH, his wife, to me known and known by me to be the parties executing the foregoing instrument and acknowledged said instrument by them executed to be their free act and deed. S. WARREN HUBER Notary Public Notary Public Received for record March 28th, A. D. 1962 at 9:42 o'clock, a. m., and recorded by [?] Town Clerk ---- Plantation Bank of Rhode Island, having received full payment and satisfaction of the within mortgage, recorded in the Land Evidence Records in the Town of Charlestown in Mortgage Book 35, at pages 285 & 285 here by declares null and void the same. Of Charlestown in the same. IN TESTIMONY WHEREOF, said Company has caused these Presents to be signed and its Corporate Seal to be hereunto affixed by its Vice Pres., Milton A. Mone and Asst Sec'y, Lionel D. Guerra duly authorized this, 27th day of February, A. D. 1967. Signed and Sealed in presence of AND D. JUDGE as to both PLANTATIONS BANK OF RHODE ISLAND (Corp Seal) By MILTON A. MONE Vice President LIONEL D. GUERRA Assistant Secretary Received for record March 2nd A. D. 1967 at 2:55 o'clock, p.m. and recorded by [Signature] County Town Clerk STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS Washington, sc. PROBATE COURT OF THE TOWN OF WESTERLY I, ANTONIO R. GUASTINI, Clerk of said Court, hereby certify that at a session of said Court, holden at said Westerly, on the fourteenth day of June in the year of our Lord one thousand nine hundred and fifty-five said Westerly, descended, testate, was duly proved, and allowed, and letters testamentary thereon issued to BASIL WILSON VARS, the executrix therein named, who accepted said trust and gave bond to the acceptance of the Judge of said Court for the performance of said trust according to law.

I also certify that it appears by the records and files of said Court that said letters are now in full force. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said Court, this thirtieth day of January, in the year of our Lord one thousand nine hundred and fifty-eight. ARTHUR B. GERVASINI, Clerk PROBATE COURT OF THE TOWN OF WESTERLY STATE OF RHODE ISLAND &c. COUNTY OF WASHINGTON Office of the Clerk ---CERTIFICATE--- I, Arthur B. Gervasini, clerk of said Court, having by law the custody of the seal, and all the records, books, documents and papers of or appertaining to said Court, hereby certify the annexed to be true copies of papers appertaining to said Court, and on file and of record in this office. EST: RAYMOND C. VARS Last Will and Testament In attestation whereof I have hereunto set my hand, and have affixed the seal of said Court, this seventeenth day of November A.D., 1955. ARTHUR B. GERVASINI, Clerk WILL OF RAYMOND C. VARS I, Raymond C. Vars, do hereby revoke all instruments of a testamentary nature heretofore made by me. I do hereby make, publish and declare this to be my last will and testament. 1. I direct my executors hereinafter named to pay all my just debts, funeral expenses, expenses of administering my estate, and all taxes of every kind and description, whether assessed against me or my estate, by reason of my death. 2. I give and bequeath all of my personal and household effect of every kind, including furniture, pictures, books, jewelry, wearing apparel and automobiles to my wife, Mary Wilcox Vars. 3. I give and bequeath to each of the following organizations the amounts set forth: a. To Franklin Lodge, Free and Accepted Masons, Westerly, R.I., five hundred dollars ($500.00). b. Rhode Island College of Pharmacy and Allied Sciences, Providence, R. I., five hundred dollars ($500.00). c. To the Pawcatuck Seventh-Day Baptist Church, Westerly, R.I., five hundred dollars ($500.00). 4. I give and bequeath to my niece, Lois Vars, if she survives me, one thousand dollars($1,000.00), and if at my death my niece, Lois Vars is an infant or minor, then I authorize my executor to deliver that property to either parent of my niece, Lois Vars, without bond. 5. I give and bequeath to my nephew, Clarence A. Vars, Jr., if he survives me, one thousand dollars($1,000.00) and if at my death, my nephew, Clarence A. Vars, Jr., is an infant or minor, then I authorize my executor to deliver that property to either parent of my nephew, Clarence A. Vars, Jr., without bond. 6. I give, devise, and bequeath to my trustees hereinafter named, in trust for the following uses and purposes, providing my wife, Mary Wilcox Vars, survives me by six months, an amount equal to the maximum estate tax marital deduction allowable in determining the Federal estate tax on my estate diminished by the value of all other items which qualify for maid deductions and which pass or have passed to my wife, Mary Wilcox Vars, under other provisions of this will or otherwise. In making the computations necessary to determine the amount of this gift, the final determination of the Federal estate tax proceedings shall control; and only assets which qualify for maid deductions shall be allotted to this gift, at their value as finally determined for the Federal estate tax. a. To hold, invest, and reinvest the same, to collect the income therefrom, and to pay quarterly, the net income to my wife, Mary Wilcox Vars, as long as she lives, and the balance in equal shares to my son, Raymond C. Vars, Jr., and my Daughter, Ruth Vars.

287 b. The trustee shall pay, out of the principal of the trust and any income remaining therein, to my wife, Mary Wilcox Vars, from time to time, or the whole on the written request of Mary Wilcox Vars. c. When the youngest of my children surviving becomes twenty-seven (27) years of age, and my wife, Mary Wilcox Vars, being deceased, then the trustees shall divide and distribute the then principal of my trust in equal shares to my surviving children. If any child is then predeceased leaving issue, then the issue shall take the parent's share per stirpes and not per capita. 7. All the rest residue and remainder of my estate, both real and personal, I give, devise and bequeath to my trustee heretofore named, in trust for the following uses and purposes: a. To hold, invest and reinvest, without restriction, the trust estate, to collect the income therefrom and to pay out of the net income quarterly twenty per cent (20%) but not more than one hundred fifty dollars ($150.00) per quarter to my half-sister Effie Hannah Vars, as long as she lives; forty per cent (40%) but not more than three hundred dollars ($300.00) per quarter to my sister Mary V. Nichols, as long as she lives, and the balance in equal shares to my wife, Mary Wilcox Vars, as long as she lives, and thereafter the balance in equal shares to my son, Raymond S. Vars, Jr., and my daughter, Ruth Vars. b. When the youngest of my children surviving becomes twenty-seven (27) years of age, my wife, Mary Wilcox Vars, my half-sister Effie Hannah Vars, and my sister Mary V. Nichols, them deceased, then the trustee shall divide and distribute the then principal of the trust in equal shares to my surviving children. If any child is then predeceased leaving issue, then the issue shall take the parent's share per stirpes and not per capita. 8. The executrix and trustees, not in limitation of the ordinary powers of trusteeship, but in addition thereto, shall have the following powers and rights and are authorized: a. To sell, exchange, partition or otherwise dispose of any property. b. To borrow and to loan money, either with or without our security. c. To continue to hold as a permanent investment any stock of any corporation. Recognising the fact that changed conditions may arise, sale is authorized at any time. d. To vote shares of stock at all corporate meetings annually, and to have all powers incident to the ownership of stock. e. To compromise, adjust and settle any claim or obligation. f. To make distributions in kind. g. To make payments and distributions to parents of minors or infants. h. To invest and reinvest any funds, without being limited to investments authorized by law. i. To pay to any beneficiary, from time to time, part or the whole of the principal of the trust for the maintenance, comfort, well-being, education or benefit of that beneficiary. j. To engage agents, including nominees for the registration of securities. k. To receive reasonable compensation out of income or principal or both. l. To allocate expenses between income and principal in the trustee's discretion. m. No surety shall be required of the executrix. No bond shall be required of the trustee. 9. I appoint my wife, Mary Wilcox Vars, to be trustee. Industrial Trust Company of Providence, R. I., shall be successor trustee. At any time a majority of my son Raymond S. Vars, Jr., and my daughter, Ruth Vars, who have reached twenty-one (21) years of age, my either with or without consent, remove the Industrial Trust Company as trustee, or any succeeding trust company subsequently appointed and appoint another trust company to fill the vacancy. 10. Any indebtedness owing to me by any beneficiary is cancelled. 11. I nominate my brother, Clarence A. Vars, guardian of my minor of infant children, in the event my wife, Mary Wilcox Vars, has predeceased me. 12. The provisions made in this will for the benefit of my spouse are in lieu of dower, and any other interest in my estate, statutory or otherwise, except the right to apply for and receive a widow's allowance, so called.

288 13. It is my intention to make no provision in this will for any issues, or children, of mine now living, or hereafter born, except as herein expressly stated. 14. I nominate and appoint my wife, Mary Wilcox Vars, my executrix. If my wife, Mary Wilcox Vars, does not act, then I nominate the Industrial Trust Company of Providence, R.I., as successor executor. If either my wife, Mary Wilcox Vars or the Industrial Trust Company does not act, then I nominate my brother Clarence A. Vars as successor executor. In witness whereof I set my hand and seal August 1, 1950. Raymond C. Vars (sev) (Seal) Signed, sealed, published and declared by Raymond C. Vars, the testator above named, to be his last will and testament in our presence, and at his request, and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses. Alan P. Cusick Address 702 Industrial Trust Bld., Providence, R.I. Della G. Grade Address 18 Yorktown Place, Providence, R. I. Molla Lavet Address 32 Dugan Avenue, Prov. R. I. Received for record April 3 AD 1962 at 2:00 o'clock P.M. and recorded by [Signature] Deputy Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS, that we, GEORGE F. GIBSON and ELLA M. GIBSON, husband and wife, both of the Town of Hopkinton, County of Washington and State of Rhode Island, for consideration paid, grant to SARAH J. BROWNING, of the Town of Charlestown, County of Washington and State of Rhode Island, with WARRANTY COVENANTS: That certain lot or piece of land, situated in the Town of Charlestown, County of Washington, being one and estimated as Lot Number 1 (Fourteen) on that plat entitled Front Beach Plat in the Town of Charlestown, R.I., Property of Sarah J. Browning, Platted March 1958, W. R. Master Brokers, Civil Engineer, Salem, R.I., "S18", which plat is recorded in the Charlestown Land Evidence Records to which reference is made at Book 37 Page 181. Being the same premises conveyed to the grantors by deed of Charles W. Link and Ruth W. Link, dated September 22nd, 1961 and recorded in the Records of Land Evidence, said Town of Charlestown, in Book 38 at Page 271. This conveyance is made SUBJECT to restrictions of record, and TOGETHER with rights and privileges of record. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 3rd day of April, 1962. GEORGE F. GIBSON ELLA M. GIBSON (Documentary stamps $2.20) STATE OF RHODE ISLAND County of Washington In Ashaway, R. I., on the 3rd day of April, 1962, before me personally appeared George F. Gibson and Ella M. Gibson, husband and wife, both 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. GLENN F. GOODEN Notary Public Received for record April 3rd AD 1962 at 2:15 o'clock P.M. and recorded by [Signature] Deputy Town Clerk