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A Collection of Newfoundland Wills
(C)
James Carter

 

Will of James Carter
from Newfoundland will books volume 13 pages 182-187 probate year 1925

In re
      JAMES CARTER.     DECEASED.

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 Burgess, his 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 -
(I) the said E. R. Burgess and Elizabeth Burgess shall be permitted to continue as tenants, during their respective lives, should they so desire, of the said premises at the same rental and upon the same terms and conditions as they hold the same at the time of my decease.
(2) No rent shall be charged to the said tenants for one year from the date of my death, save a sufficient sum to pay all taxes and assessments for water rates or otherwise and premiums of insurance for the same sum or sums as the said building shall be insured at the time of my death, and such repairs as the tenants are required to effect under the lease or agreement under which they hold the same, and
(3) the said tenants shall not nor shall either of them, be permitted to sublet the said premises (the subletting of the annex, as at present sublet, shall not be regarded as a breach of this condition) without the consent in writing of my said Executors. On the death of the said E. R. Burgess and Elizabeth Burgess or should they or either of them (after the decease of the other) give up and surrender the said land and premises to my said Executors before that time, the same shall immediately vest in and become the absolute property of the said Church of England Orphanages and my executors shall, upon request, convey the same to the Trustees, managers or other proper authorities of the said institutions accordingly.

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 -
(1) To the Methodist Orphanage the sum of Five hundred dollars.
(2) To the Roman Catholic Orphanage (Belvidere) the sum of five hundred dollars.
(3) To the St. Vincent de Paul Society, St. John’s, the sum of Five hundred dollars.
(4) To the Dorcas Society, St. John’s, the sum of Five hundred dollars.
(5) to the Widows and Orphans of Ferryland, Newfoundland, the sum of Five hundred dollars to be paid to the Roman catholic Priest of that Parish for the time being, who shall distribute the same amongst the said Widows and Orphans as he shall think fit and proper.
(6) To the Lord Bishop of Newfoundland for the time being the sum of Six thousand dollars to be applied by him to the fund known as “The red Cross Fund” in such manner as he shall think fit and proper.
(7) To the said Elizabeth Burgess the sum of Two thousand dollars.
(8) To the Permanent Marine Disasters Fund of Newfoundland the sum of One thousand dollars.
(9) To the Directors of Bishop Spencer College the sum of One thousand dollars in payment of my promised subscription per Reverend Canon Bolt, and also in payment of any pledge which I may have made towards any Educational Fund on behalf of the Church of England Colleges or Schools. The said Directors may expend the said sum in such manner as they may think proper in the interest of the said College.
(10) To Cyril W. G. Tessier of St. John’s, Merchant, the sum of Five hundred dollars.
(11) To Harriet Alderdice, wife of Frederick Alderdice and Ida Clapp, wife of William Clapp, the sum of One thousand dollars each.

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 anything way whatsoever through such sale and realization, except only for wilful neglect. I further declare and direct that no legacy shall be paid or any distribution made until, at least, one year after the date of my death.

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.

JAMES CARTER.

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 estate debts, funeral and testamentary expenses, I give devise and bequeath the same to be equally divided amongst the following seven persons, namely, May Sara, Maude White, Kate White, Blanche Tessier, William Carter, Mary A. Carter and Fanny 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 party of the said parties without leaving issue the share of such one shall go to the survivor or survivors.

      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.

JAMES CARTER.

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.

CORRECT.
William F. Lloyd
Registrar of the Supreme Court of Newfoundland.

(Listed in the margin next to this will the following)
Fiat July 12/25
Horwood C J.
Probate granted
to The Royal Trust
Co and Earl S.
Pinsent.
August 10/25.
Estate sworn
at $123,241.85.

 

 

Page Contributed by Judy Benson & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)

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