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A Collection of Newfoundland Wills
As always, confirm these, as you would any other source material.
William J. Clouston
Will of William J. Clouston
from Newfoundland will books vol 11 pages 270 to 273 probate year 1919
In re William J. Clouston deceased
This is the last will and testament of me William J. Clouston of St. John's Tinsmith. I revoke all wills heretofore by me made. I appoint the Eastern Trust Co. the Executors of this my last will. I give devise and bequeath to my Executors everything of which I shall die possessed whether real or personal or chattel real Upon Trust.
- To pay all my just debts funeral and testamentary expenses.
- To pay to the following persons who have been my faithful servants the following amounts, viz:-
to Thomas Davidson one hundred dollars,
to Samuel Tizzard one hundred dollars,
to George Martin one hundred dollars, and
to Edward Coleman one hundred dollars.
- To sell and dispose of my leasehold property situated on Water Street in the town of St. John's and purchased by me from one (?)McCoubry and to divide the proceeds thereof between my wife Charlotte Clouston and my children Walter, Margaret and William share and share alike.
- To divide my monies on deposit in the Savings Department of the Bank of Montreal between my wife Charlotte Clouston and my children Walter Margaret and William share and share alike
- To transfer my shares in the Newfoundland Consolidated Foundry Co. Ltd., the St. John's floating dock, and St. John's Nail Manufacturing Co. Ltd. to my wife Charlotte Clouston absolutely.
- To transfer my five hundred dollars in the Victory Loan to my granddaughter Ruth daughter of my son Walter Clouston and to hold the same and all dividends accruing therefrom or from any investments of the interest on the said loan or substitution for the said loan until she attains the age of twenty one years when the said investments or the proceeds of the realization of the same are to be handed over to her.
- To transfer to my son Walter Clouston part of the western portion of my Queen's Road property with all buildings and erections thereon which piece or parcel of land is bounded on the North by Queen's road on the west by Cathedral Street by which it measures 25 ft on the South by other land of Testator and on the East by the west end of my dwelling house and a line being the continuation of the line of the west end of my dwelling house to a point 25 feet from Queens Road together with a right-of-way through the gateway on Cathedral Street to the rear of the said land hereby devised.
- To hold without impeachment for waste my dwelling house and premises on Queens Road [exclusive of that portion bequeathed to my son Walter by par. 7] together with all the furniture and furnishings therein contained for the use of my wife Charlotte Clouston during her lifetime while she remains unmarried and upon her death or remarriage to transfer the same to my daughter Margaret and my son William share and share alike. The piano in the house is my daughter Margarets and she has full right to remove the same from the house should she desire to do so.
- (?)Touching my business on Water St in which I include my freehold property on the corner of Water Street and Market House Hill as well as my plant machinery stock in trade and book debts it has always been my earnest desire that after my death the business should be carried on under the old name of my son Walter and William in partnership and that William should take my place in looking after his mother and sister. Recognizing however the possible difficulties of carrying out my wishes I direct my Executors to carry on the business with my son Walter as manager until the end of the current year of my death and then to realize the freehold property on the corner of Water Street and Market House Hill and all plant machinery stock in trade and all other assets of the business and to transfer one half the proceeds to my son Walter. The other half resulting from the sale of said business assets is to be held and invested by them in good safe and reliable securities and the income arising therefrom to be paid to my wife Charlotte Clouston during her lifetime whilst she remains unmarried and upon the death or remarriage of my wife Charlotte Clouston the said fund is to be paid over to my son William Clouston. Should my son Walter wish to purchase the one-half interest in the business left to my son William subject to his mother's interest therein it is my desire that my Executors shall give him a reasonable time to make payment for the same provided he gives good and approved security for the said payment and pays interest in the meantime on such amounts as shall from time to time be due at the rate of seven per centum per annum. Should my sons Walter and William be able at any time to come to an agreement to carry on the business in partnership my said Executors upon being authorized by my wife Charlotte Clouston so to do and being released by her from all claims and demands with respect to their actions may immediately transfer the said half interest in the business or the proceeds arising from the sale or realization of the same [now subject to my wife Charlotte Clouston's interest therein] to my said son William Clouston absolutely.
- All my debts and all charges in connection with the administration of my estate and the legacies provided in par. 2 of this my last will are to be paid out of my current account at the Bank of Montreal. Should the amount on current account at the Bank of Montreal be insufficient to meet all the above-mentioned claims and charges any deficit must be taken from the proceeds of the realization of my business before it is divided as I have directed in par. 9 of this my last will. Any balance of cash on current account remaining after payment of all the above claims and charges is to be considered part of my business assets and subject to the devise under par. 9.
- In case it should be necessary for the purpose of carrying out more expeditiously this my last will that a guardian or trustee should be appointed for any of the beneficiaries hereunder I also appoint my said Executors guardians and trustees for any of the said beneficiaries.
- Should my son William not survive me all his interest under this my will shall be transferred to his sister Margaret Clouston.
- All the rest residue and remainder of my estate is to be divided between my wife Charlotte Clouston and my children Walter Margaret and William share and share alike.
In witness whereof I have hereunto subscribed my hand at St. John's this 1st day
of July 1918. William J. Clouston. Signed published and declared by the
testator as and for his last will and testament in the presence of us who in
his presence and in the presence of each other at his request have hereunto subscribed
our hand as witnesses Hettie Vincent 127 Bond St. J.A.W.
McNeily of St. John's Solicitor.
Correct William F. Lloyd
Registrar of the Supreme Court of Newfoundland.
(Listed in the margin next to this will the following)
Eastern Trust Co.
|Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written by the court clerk, after the death of the testator, when the executor presented them to the court for probate. The court clerk didn't list the signatures at the bottom, he (or she) just put them in the book in whatever order they were in, on the original document, no spacing most of the time, no punctuation. The originals were kept by the executor.|
We who have typed these wills, have made every effort to include all the errors that were on the microfilm, in order to avoid destroying the integrity of the originals, where ever they may be.
This page contributed by Judy Benson, Alana Bennett, Wendy Weller and Eric Weller
REVISED: October 12, 2001 (Ivy F. Benoit)
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