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A Collection of Newfoundland Wills
As always, confirm these, as you would any other source material.
James E. Burgess
Will of James E. Burgess
from Newfoundland will books volume 9 pages 74-76
probate year 1910
James E. Burgess deceased.
This is the last will and Testament
of me James E. Burgess of Burin in the Electoral District of Burin Merchant
(but at present of St. John’s)
First I nominate and appoint
my wife Lydia Burgess, Hon John Harvey and James
Augustus Clift Solicitor
to be the executors of this my said last will and Testament
- I give devise and bequeath unto my said executors all and singular
whatsoever my lands property and effects of every description and where
soever situate to hold the same in trust for the purpose of applying
the rents issues and profits thereof to the full use and benefit of my
said wife Lydia Burgess, during the term of her natural
life and so long as she remains unmarried
Third after the death or remarriage
of my said wife I give and devise the same unto and to the use of my
four children namely Earle Monroe, Laura, Alice May and Arthur to
hold the same equally absolutely and for ever
Fourth I hereby empower
my said Executors to carry on the mercantile business now conducted by
me; should they in their discretion think it wise to do so and with power
in them to discontinue the same or any branch thereof either immediately
after my death or at any time subsequent thereto, should they in their
discretion think it wise so to do, and with full power to my said executors
to appoint a manager or managers of my said business or any branch thereof
And I expressly declare that my said Executors shall in no case be held
liable or accountable for any losses that may arise by reason of their
conduct of the said business but that my estate shall be firmly bound
by all the acts of my said executors in their management of the said
business and that their discretion in so doing shall be absolute and
unquestioned. It is my desire that my said executors in the event of
their deciding to continue the said business. Should take steps to convert
the same into a company with Limited liability with power to allot shares
in the said Company to such persons as they shall think fit on the conversion
of the said business into a limited liability Company as aforesaid the
shares belonging to my Estate in the said Company, shall be subject to
the same distribution, after my wifes death or remarriage as I have hereinbefore
made I expressly declare that this provision
for converting my business into a limited liability Company is made to
my said Executors only by way of suggestion and not at all as a command. The appointment of the said James
Augustus Clift as my executor shall
in no wise prevent him from acting as Solicitor for my estate or for
the Company aforesaid and should he act as such Solicitor he shall be
entitled to be paid his Solicitors fees on the same footing as if he
were not my executor.
In witness whereof I the said James E.
Burgess have hereunto set my hand at St. John’s aforesaid this
Twenty-first day of December Anno Domini one thousand nine hundred and
nine James E. Burgess. Signed by the said Testator as and for his last
will and Testament in the presence of us who present at the same time
in his presence, as well as in the presence of each other, and at his
request have hereunto subscribed our names as witnesses. The words “I
give and devise” having first been inserted at the beginning
of the nineteenth line on the first page. the word “unmarried” being inserted at the end of the seventeenth
line and the words “or remarriage” being inserted on the
Eighteenth line of the first page and the words “or remarriage” being
inserted on the Twentieth line of the Second page S.
K. Bell Herbert Knight.
D. M. Browning
(Listed in the margin next to this will the following)
J. A. Clift
the rights of
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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