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A Collection of Newfoundland Wills
(D)
George A. Davey

 

Will of George A. Davey
from Newfoundland will books, volume 11 pages 496 to 498 probate year 1920

In re George A. Davey       deceased

This is the last will and testament of me George A. Davey of St. John's in the Island of Newfoundland, formerly contractor, and I hereby revoke all former wills by me at any time made.

  • First. I hereby nominate and appoint James Augustus Clift of St. John's aforesaid Solicitor and the Reverand Edgar H. Fletcher of same place, Clerk in Holy Orders, to be the Executors of this my said last will and testament.

  • Second. I give devise and bequeath unto Elsie Fletcher, wife of said Reverand Edgar H. Fletcher, all and singular the land and dwelling house which I now occupy on Queens Road in St. John's aforesaid together with the household furniture and effects of every description contained therein to hold the same absolutely and I also give and bequeath unto the said Elsie Fletcher the sum of ten thousand dollars [$10,000.00]

  • Third. I give and bequeath unto the Trustees of the Church of England Orphanage, St. John's, the sum of Ten thousand dollars to be held by them and their successors in office, and invested in such securities as the Board of managers of said Institution shall approve, upon the condition that the said sum shall be converted into a fund to be known as "The George Davey Fund" and it is my will and desire that the interest or dividends arising therefrom shall be applied by the said Trustees toward the annual cost of the maintenance and support of the inmates of the said Orphanage.

  • Fourth. I hereby will and declare that the two foregoing legacies, amounting in all to twenty thousand dollars, shall be a first charge on my estate.

  • Fifth. I give and bequeath unto my said Executors the sum of one thousand dollars to be applied by them to the Organ Fund of the Cathedral Church of St. John the Baptist provided however that I shall not have previously paid this amount as I intend to do it. I also give unto my Executors the sum of one thousand dollars to be expended by them in the erection or placing of Stained glass window, similar to that erected to the memory of my brother Edward H. Davey, in the said Cathedral Church - should the same not cost that amount the balance shall revert to my residuary estate.

  • Sixth. I give devise and bequeath the following sums of money to the following parties that is to say:
    To George Davey, son of my brother John, Two thousand five hundred dollars
    To John Davey, also son of my said brother John One thousand five hundred dollars
    To Ethel Davey, daughter of my brother Fred, the sum of Two thousand dollars
    To Violet Davey, also daughter of my said brother Fred One thousand dollars
    To Charlie Davey, son of my late brother Charley Davey One thousand five hundred dollars
    To Bessie Davey, daughter of my late brother Charlie the sum of five hundred dollars
    To the Reverend Andrew Tulk the sum of seven hundred and fifty dollars to be expended by him, as he may think best, in the education of his son Davey Arthur Tulk
    To Jack Adams, son of George J. Adams, seven hundred and fifty dollars
    To Albert E. Carter, my book keeper, five hundred dollars
    To the Trustees or managers of the Roman Catholic Orphanage for the use of the said Institution five hundred dollars
    To the Trustees or managers of the Methodist Orphanage, for the use of the same, five hundred dollars
    To George Bell and Mary Bell all my interest in the mortgage [valued at about one thousand dollars] I now hold from William Bell on his Farm
    To the said Mary Bell Five hundred dollars
    To Mary Rogers daughter of Sarah Rogers One thousand dollars
    To Agnes and William Bell, children of the late James Bell Five hundred dollars each
    To James Waugh son of the late Mary Waugh Five hundred dollars
    To the Diocesan Synod of Newfoundland for the use and benefit of the following Church Funds that is to say.
    To the Clergy Sustentation Fund Three thousand dollars
    To the Clergy and Widows Orphans Fund one thousand five hundred dollars
    To the Bishopric maintenance Fund one thousand dollars
    To the Clergy Retirement Fund one thousand dollars
    To the Woman's Home Mission Fund Five hundred dollars
    and to the Church Wardens of the Cathedral Church of St. John the Baptist, to be invested by them in such securities as shall be approved by the Select Vestry of said Cathedral to be held by them and their successors in office to apply the interest or dividends arising therefrom towards the upkeep and repair of the outside of the said Cathedral, the sum of Two thousand dollars
    and also to Annie Davey wife of my said brother John Davey One thousand dollars
    To Fanny Davey wife of my said brother Fred Davey One thousand dollars
    To Mrs. Ellen Morrisey, of Gorman's Lane Five hundred dollars
    To James R. Chaulker of St. John's Plasterer, one share in the Newfoundland Lime Company Limited.

And I hereby will and declare that should any of the foregoing Legatees die before me the legacy or legacies of such persons so dying shall not lapse and become part of my residuary Estate, but the same shall be paid over to the Trustees or managers of the Church of England Orphanage to be added to and to form part of "The George Davey Fund" hereinbefore provided for. All the rest residue and remainder of my estate and effects of whatsoever nature and wheresoever situate I give devise and bequeath unto my two brothers John Davey and Frederick Davey equally. It is my desire, however, that in order to pay the foregoing legacies the whole or a sufficient part of my estate and effects shall be sold and converted into cash by my said Executors and in the realization of same they shall take such time and adopt such means as shall appear to them to be reasonable for such purpose and I further desire that with respect to the various dealings I have had with James R. Chaulker and in which he and I are concerned as partners - my said Executors shall give the said James R. Chaulker ample time and facility to realize of out (?) any such concerns any monies that may be found to be due to my estate and my Executors shall be the sole judges as to what shall be a fair and reasonable time for such purpose. I hereby authorize and empower my said Executor James Augustus Clift to act as Solicitor in the management of the affairs of my estate as well as Executor and I declare for any Professional Services he may render he shall be entitled to charge the usual professional fees in addition to his compensation as such Executor and I hereby fix the compensation to be paid to my said Executors at Five per cent of the Gross Value of my estate and I hereby declare that they shall apportion the same between themselves in the following manner that is to say: to the said James Augustus Clift three-fifths and to the Revd Edgar H. Fletcher two-fifths of the amount of such value.

In witness whereof I have hereunto set my hand at St. John's aforesaid this fifth day of September Anno Domini one thousand nine hundred and nineteen. Geo A. Davey

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, and in the presence of each other, at his request, have hereunto subscribed our names as witnesses, the words "three fifths" and the word "fifths" having been first interlined on the thirteenth and fourteenth lines above written. (thirds was written above fifths and a line drawn through it)   J.A. Clift.    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 August 3/20
Kent J.
Probate granted
to James Augustus
Clift and Rev'd
Edgar H. Fletcher
August 3/20.
Estate sworn at
$67,774.86

 

 

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.

Page Contributed by Judy Benson, Alana Bennett,
Wendy Weller, Eric Weller and Kristina Americo

REVISED BY: Ivy F. Benoit February 20, 2002

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