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A Collection of Newfoundland Wills
(D)
Azariah Dawe

 

Will of Azariah Dawe
from Newfoundland will books vol 11 pages 324 to 328 probate year 1919

In re Azariah Dawe       deceased

This is the last Will and Testament of me Azariah Dawe of Bay Roberts in the Island of Newfoundland. Merchant. I bequeath the whole of my Estate real and personal wheresoever situate to my executors hereinafter named in trust to hold and apply the same to and for the following bequests and purposes. I give and bequeath to my sister Selena Sleator the sum of two hundred dollars per year during her life to be paid her in equal quarterly payments. I give and bequeath to my sisters Annie Smith and Emma Doyle the sum of two thousand dollars each. I give and bequeath to my three cousins, William Stevens, John Stevens and John Hussey, the sum of one hundred dollars each. I give and bequeath to my nephew Robert Dawe, son of my late brother Charles, the sum of two thousand dollars, to be paid him in ten annual payments, without interest; and to my grand nephews, Charles and Adrian sons of my said nephew Robert the sum of five hundred dollars [$500.00] each, in trust, to be expended in and upon their education; also to my grand nephew Charles Keith Dawe, son of George Dawe, the sum of seven hundred and fifty dollars in trust to be expended in and upon his education, payments for the education of these children to commence as each child attains the age of fourteen years and should the sum bequeathed to each child not be expended during his lifetime the balance is to revert to my Estate. I give and bequeath to my niece Ethel Smith, the sum of five hundred dollars. Should my sister Annie Smith die before the distribution of my Estate the sum bequeathed to her is to be paid to her daughter Ethel. I give and bequeath to Rose Earle, widow of the late William C. Earle, the sum of one hundred and thirty dollars per year during her life, to be paid to her in equal quarterly payments. I give and bequeath to Benjamin Mercer of Bay Roberts and Jessie Rowsell of Coley's Point, my old servants, the sum of fifty dollars each, and to John Moore of Bay Roberts the sum of two hundred dollars. I bequeath the sum of five hundred dollars to erect a fence around the present cemetery of St. Matthews Church. I bequeath to the Church of England Orphanage at St. John's the sum of five hundred dollars. I bequeath to the Incumbent of the Church of England at Bay Roberts the sum of four hundred dollars, in trust, to be applied as he shall direct for the benefit of the sick poor of his parish; To the Roman Catholic Priest at Bay Roberts the sum of one hundred dollars, in trust, to be applied as he shall direct for the benefit of the sick poor of the Bay Roberts portion of his parish; to the Methodist Clergyman at Bay Roberts the sum of one hundred dollars, in trust, to be applied as he shall direct for the benefit of the sick poor of his parish; to the Officer in charge of the Salvation Army at Bay Roberts the sum of fifty dollars to be expended as he shall direct for the benefit of the sick poor in his charge at Bay Roberts; to the Incumbent of the Church of England at Spaniards Bay the sum of one hundred and fifty dollars, in trust, to be applied as he shall direct for the benefit of the sick poor of his parish; and to the Methodist Clergyman at Clarke's Beach the sum of fifty dollars to be applied as he shall direct for the benefit of the sick poor of his mission. And I desire and direct that the expenditure of the above bequests for the sick poor shall extend over a period of at least five years. I give and bequeath the sum of twelve or fifteen hundred dollars to provide a stained glass window for the East end of St. Matthews Church, Bay Roberts; to the Glory of God and the beautifying of his house and as a memorial to my late brother Charles and my dear wife. I bequeath to my Executors hereinafter named the sum of two thousand dollars to be divided equally between them. I give and bequeath to my son Robert Alexander the land known as "Guynans" also a piece of land known as "Staff Mercers" with the house thereon situate West of A.J. Woods, including waterside and extending north from Water Street to Zebedy Earles land and bound on the East by a road going north past Mr. D.G. Fraser's house. I further give and bequeath to my son Robert Alexander the sum of thirty thousand dollars to be invested in some good and safe securities that will yield at least 4%. Out of this sum and interest he is to be paid one thousand dollars per year for the first five years; fifteen hundred dollars per year for the next fifteen years and two thousand dollars per year for the remainder of his lifetime or until the balance of capital and interest shall have been exhausted. In addition to these bequests made my son Robert Alexander he is to be paid from my estate the sum of one thousand dollars when and provided he graduates from McGill University. I give and bequeath to my son William Fraser the sum of three thousand dollars to finish his education and purchase the necessary outfit for his Medical Practice; also the sum of thirty thousand dollars, to be invested in some good and safe securities that will yield at least 4%. Out of this sum and interest he is to be paid one thousand dollars per year for the first five years; fifteen hundred dollars per year for the next ten years and two thousand dollars per year during the remainder of his lifetime, or until the balance of capital and interest shall have been exhausted; also the land and dwelling house thereon known as "Bartletts" at Bay Roberts, exclusive of the water side premises; also a piece of land known as "Paddy's Field" at Bay Roberts; also my horse named "Bill" if not previously sold, and my buggy and seal fur robe. Any payments that may be made to my sons Robert Alexr and William Fraser from 1st May 1914 are to be charged to them and deducted from the amounts they are to receive under my will. I give and bequeath to my son John Whelan the residue of my Estate real and personal subject to the following restrictions:

  1. The dwelling house and water side premises known as my father's original estate shall not be sold or otherwise disposed of during the lifetime of any of my sons.
  2. There shall be no card playing or dancing carried on in the old homestead.
  3. During the time my son John Whelan keeps the old homestead open it is my desire that my sons Robert Alexander and William Fraser shall have in it a bedroom each with bed and furniture for their personal use during their unmarried life, whenever they wish to visit Bay Roberts.
  4. At the expiration of three years after my death or whenever all the bequests named in my will have been paid or satisfactorily arranged for, the residue of my estate shall be valued by my Executors, or three other competent men as agreed upon by my sons, and if said residue is then found to exceed the sum of Forty thousand dollars, cash value, exclusive of my father's original estate, all in excess of this sum is to be divided into five parts, my son John Whelan is to receive two fifths and the other three fifths is to be divided equally between my two sons Robert Alexander and William Fraser; the total amount of the three fifths share of the excess is to be paid Robert Alexander and William Fraser in twelve annual payments, without interest, by my son John Whelan and I desire and direct that the first of these payments shall not be made until five years after my death and that my Executors shall have the same control and exercise the same restrictions if necessary regarding these payments as they are given in my will over the payments out of the larger bequests made to my sons. I desire that my son John Whelan shall carry on the business as at present until after the above valuation and division shall have taken place when he will have full control of the business on his own account. My three sons shall have an equal interest or share of my two third interest in a certain number of mining locations situate at Great Gull Lake, Hall's Bay and for which licenses are now held by E. Doyle and myself and it is my desire and I direct that licenses for three mining locations shall be renewed for at least one year, by my Executors, unless E. Doyle should advise to the contrary. If any of my sons shall die intestate and leaving a widow I desire that the said widow shall be paid, in lieu of all claims or benefits from his estate, out of his bequest from me, the sum of five hundred dollars [$500.00] per annum, provided that and for as long as she remains unmarried; also to be paid from the same bequest, two hundred dollars per year to the guardians of each female child until they are married. The balance of the bequest from me to be paid the male child or children if any, on same conditions as before stipulated; if no male child left it will revert to my estate and be divided between my other sons or their male heirs then living. Upon the marriage or death of the widow the five hundred dollars $500.00 per year which she had been receiving shall be paid for the support of her female child or children if any until they are married, but if no female child is left this sum is to revert to my estate and be divided as specified above. The lands known as "Guynans" and "Paddy's Field" willed respectively to my sons Robert Alexander and William Fraser are not to be sold but my son John Whelan is to have the use of said lands until my other sons return to Bay Roberts and require to use said lands themselves.

Notwithstanding the provisions contained in this my will as to the times and amounts of payments to my said sons I desire that if in the opinion of my Executors any of my said sons shall misuse or extravagantly deal with the income or monies paid to him they my said Executors may postpone the dates or reduce the amounts of the said payments as in their discretion they may see fit. I further desire and direct that my Executors pay to the church wardens of St. Matthew's Church Bay Roberts for the purpose of erecting a fence around said church a sum equal to that which the congregation may raise within a period of two years for same purpose by voluntary subscription up to but not to exceed two hundred and fifty dollars. I appoint Edward Doyle of St. John's, Captain Azariah Smith of Cupids, D. Gordon Fraser of Bay Roberts and my son John Whelan of Bay Roberts Executors of this my will. All wills and Codicils previously made by me are hereby cancelled and revoked. Dated at Bay Roberts this 1st day of July A.D. 1914. Azariah Dawe. Signed by the said Azariah Dawe in the presence of us, present at the same time who in his presence and in the presence of each other subscribe our names as witnesses:- John Mercer. Robert John Smith.

This is a Codicil to my will bearing date the 1st of July A.D. 1914. I desire and direct that any payments made to any legatee under this my will from this date are to be deducted from the amount bequeathed herein to such legatee. Dated at Bay Roberts this 1st day of July A.D. 1914. Azariah Dawe. Witnesses:- John Mercer. Robert John Smith.

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

(Listed in the margin next to this will the following)
Fiat May 22/19
Kent J.
Probate granted
to John W. Dawe
Azariah Smith
D. Gordon Fraser
June 4/19
Estate sworn at
$254,297.41

 

 

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 and Eric Weller

Revised: October 19, 2001 (Ivy F. Benoit)

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