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Will of James Carter
This is the last Will and Testament of me James Carter, of St. John’s, in the Island of Newfoundland, formerly Sheriff of Newfoundland.
First - I revoke all former wills and testamentary dispositions by me at any time made and I appoint Earl S. Pinsent, of St. John’s, aforesaid, Solicitor, and The Royal Trust Company, of which J. A. Paddon is the Manager for Newfoundland, the Executors of this my will.
Second - I give, devise and bequeath all and singular my right title and interest in the property known as Williams Estate, namely two sevenths parts, unto the children of William T. S. Carter, late of Ferryland, deceased, namely Harriet Alderdice, May Saran, Kate White, Ida Clapp, Maude White, Blanche Tessier, and William Carter. To hold the same as tenants in common for ever. In the event of the death of either of the said parties before me without leaving issue, the share or shares of such child or children shall go to the surviving child or children and should either of them die leaving issue, such issue shall take their deceased parents share.
Third - I give, devise and bequeath all such property in Ferryland as I have derived from the Estate of my late father by inheritance and otherwise by purchase (consisting chiefly of the land and premises now held by Frederick Goodridge but formerly held by Alan Goodridge and Sons and the land known as the “Downs”) unto Mary A. Carter and Fanny Carter To hold the same as tenants in common for ever. In the event of the death of either before me the whole to go to the survivor.
Fourth - I give, devise and bequeath all and singular my land and
premises with all buildings and erections thereon known as “Balsam Place” and “The
Annex” situate on the West side of Barnes Road, in St. John’s,
aforesaid, and now occupied by E. R. Burgess and Elizabeth
wife, as tenants, unto my said Executors To Hold in Trust and to pay
the rents issues and profits arising therefrom to the Trustees or Managers
of the Church of England Orphanage in St. John’s, aforesaid,
such rents issues and profits to be applied by the said Trustees
or Managers to the maintenance and support of the inmates of
such institutions, subject however to the following conditions,
that is to say -
Fifth - I give and bequeath unto the said Elizabeth Burgess all and whatsoever interest I may have (having sold the same to her, and for which she has partly paid) in and to the household furniture and other effects, now held and used by her in Balsam Place with the exception of the books hereinafter bequeathed.
Sixth - I give and bequeath all my books of every description, whether contained in my rooms in the said “Balsam Place” or elsewhere to the Church of England Institute to be added to the library thereof, or to be disposed of for the benefit of the said library, in such manner as the President thereof shall think fit and proper.
Seventh - I give and bequeath unto Harry Carter, son of the late Henry D. Carter, of St. John’s, all and singular my family silverware, now contained in my rooms, in my box in the Bank of Montreal or elsewhere, not including however the electric plated ware or other similar wares now in use in the said Balsam Place.
Eighth - I give and bequeath the following legacies -
Ninth - I give devise and bequeath to the Lord Bishop of Newfoundland and his successors in office the one thousand shares held by me in the Great Gull Lake Company To Hold the same in trust for the use and benefit of any fund which may be created for the purpose of building a tower on the Cathedral Church of St. John the Baptist. I declare that the said Lord Bishop and his successors may sell the said shares at any time he or they may think proper and apply the proceeds of such sale towards the said fund.
Tenth - I give devise and bequeath my diamond and other rings in a black case marked No. 1. To Frederick Carter, Cyril Carter and Henry Carter, sons of the late Henry D. Carter, and my executor the said Earl S. Pinsent, to be equally divided between them.
Eleventh - All the rest residue and remainder of my property of whatsoever nature and wheresoever situate, after paying all my just debts, funeral and testamentary expenses, I give devise and bequeath the same to be equally divided amongst the following eight persons, namely, May Sara, Maude White, Kate White, Blanche Tessier, William carter, Mary A. Carter, Fanny carter, Lucretia Carter, in the event of the death of either of the said parties leaving issue such issue shall take their parents share and in the event of the death of either of the said parties without leaving issue the share of such one shall go to the survivor or survivors.
Twelfth - for the purpose of paying the foregoing legacies and
for the final distribution of my estate in accordance with the
foregoing residuary clause, I hereby direct and authorize my
executors to sell and convert into cash all the remainder of
my land property and all my securities and realizable assets
of every description, at such time and in such manner as they
shall think fit and proper and I hereby declare that they shall
in no way be responsible or accountable for any loss or losses
that may occur, in any
It is my will and desire that my executors shall receive fair and reasonable compensation for their services as such Executors and I declare that the rate of compensation shall be five per cent on the value of my estate to be paid to my Executors in the following proportions namely, To the said Earl S. Pinsent two thirds of the said five per cent and to the said Royal Trust Company the remaining one third of the said five per cent. I further declare that if the said Earl S. Pinsent shall act as Solicitor for the purpose of taking our Letters of Probate or otherwise in anyway in connection with my estate he shall be entitled to charge the usual professional fees for any such services as he may perform in addition to any such compensation as may be allowed him as aforesaid as Executor. It is also my will and desire that my said Executors shall take such further time beyond one year from the date of my death, as they shall think fit and proper, in the final winding up and distribution of my estate - but the legacies mentioned in the eight clause of this my will may be paid after the expiration of the said period of one year after my decease.
In witness whereof I have hereunto set my hand at St. John’s, aforesaid, this 4th day of July A.D. 1924.
Signed by the Testator as and for his last Will and Testament in our presence, who in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
Christena Courage. E. S. Pinsent.
This is a Codicil to the last Will and Testament of me James Carter, of St. John’s, Newfoundland, formerly Sheriff of Newfoundland, dated the 4th day of July A.D. 1924.
First - I desire to add the following bequests to the eighth paragraph of my said will, namely, I give and bequeath to Mrs Johanna Lannen the sum of One hundred dollars, to Christina Courage the sum of Seventy dollars and to the following persons the sum of Fifty dollars each, namely, Lilly Power, Edith Oke, Carrie Langer, Ida Penny, Annie Taylor, John Snow and Jacob Squires. The said people are at present employed at the said Balsam Hotel.
Second - I revoke the eleventh clause of my said will and I give and bequeath to Lucretia Carter the sum of Five hundred dollars. In addition to the above bequest I authorize my said Executors to pay to the said Lucretia carter the sum of Five hundred dollars per annum during her lifetime, if in the sole opinion of my said Executors she should be in need of this amount for her support and maintenance. I also authorize my said Executors to reserve out of the residue of my estate a sum sufficient to enable them to make the above payments. On the death of the said Lucretia Carter I give and bequeath the amount so reserved by my said Executors, together with the amount which may at any time or times be added thereto by reason of my said Executors not paying the said annuity or any part thereof to be equally divided between the several persons named in the next clause hereto.
Third - All the rest residue and remainder of my property
of whatsoever nature and wheresoever situate, after paying
all my just
In all other respects I confirm my said will.
In witness whereof I have hereunto set my hand at St. John’s this 17th day of March Anno Domini One thousand nine hundred and twenty five.
Signed by the Testator as and for a codicil to his last will and testament in our presence, who in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
W. F. Joyce. E. S. Pinsent.
(Listed in the margin next to this will the following)
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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