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A Collection of Newfoundland Wills
(D)
William Duff

 

 

Will of William Duff
from the Newfoundland will books volume 10 pages 6 to 9 probate year 1913

In re William Duff      deceased.

This is the last Will and Testament of me William Duff of Carbonear in the Island of Newfoundland, Merchant.

  1. I give devise and bequeath unto my dear wife Mary Ann Thompson Duff all and singular the several pieces or parcels of land belonging to me and situate at Carbonear aforesaid together with the dwelling house shops stores warehouses wharves barns and all other building and erections thereon to hold the same during the term of her natural life and to receive and enjoy the rents issues and profits arising therefrom. The rent of that portion of the said property which is occupied for business purposes I fix and determine at the sum of four hundred and fifty dollars per annum the tenants to as all repairs both internal and external.
  2. After the death of my said wife I will and bequeath the said several pieces or parcels of land with all said buildings and erections thereon unto my sons Robert duff and John Duff in equal parts.
  3. I give devise and bequeath unto my said wife all and singular my household furniture and effects and personal property of every description contained in the said dwelling house together with the proceeds of my policy of Life Insurance for two thousand dollars in the Canada Life Assurance Company.
  4. All the rest residue and remainder of my estate and effects of whatsoever description and wheresoever situated I give devise and bequeath unto my wife and children to be divided between them in the following proportions that is to say:
    To my wife I give five sixteenth parts to be held by her to receive the issues and profits arising therefrom during the term of her natural life, and after her death the said five sixteenths shall be divided between my children in the following proportions that is to say to my son Robert Duff three eleventh parts thereof to my son John Duff three eleventh parts thereof and to my remaining children namely William, James, Agnes (wife of Reverend Frederick Simpson) Jean (wife of Reverend John A. McGlashen(?)) and Mary T. (Maysie) one eleventh part thereof each and I direct that my executors hereinafter named shall hold the said five sixteenth for the use and benefit of my said wife and pay her annually the issues and profits arising therefrom. And I declare that such portion of the said five sixteenths interest in my said residuary estate as is now invested in the firm of William Duff and Sons situated or in other investments may remain invested in the said firm or business or in such other investments as my said executors may consider right and proper and my said executors shall not be answerable or held accountable for any loss or losses that may be sustained thereby.
    To my sons Robert Duff and John Duff I give and bequeath three sixteenth parts each of the said residue and to my other children namely William, James, Agnes, Jean and Mary T. I give and bequeath one sixteenth part each of the said residue.
  5. The valuations which shall be placed on the stock in trade and assets of the firm or company of William Duff and Sons Limited at the end of the year preceding my decease shall be taken to be the full value of said assets upon which my shares in the said firm or company shall be divided and distributed as herein provided
  6. Should any of my children being holders of shares in the said firm or Company of William Duff and Sons Limited, be desirous of selling or disposing of their said shares in the said firm or Company they shall give my said sons Robert Duff and John Duff the first option of purchasing the same.
  7. My executors hereinafter named shall have power to pay to the legatees under this my will the legacies herein left to such legatees in shares or scrip of the Company of William Duff and Sons, Limited calculated at the valuation directed in the fifth paragraph of this my will.
  8. I nominate and appoint my wife Mary Ann Thompson Duff and my sons Robert Duff and John Duff to be the executors of this my last Will and Testament.

Dated at St. John's, Newfoundland this 25th day of March A.D. 1908. - William Duff - Signed Published and Declared by the said William Duff as and for his last Will and Testament in our presence who in his presence and at his request and in the presence of each other have hereunto subscribed our names as witnesses Herbert Knight    J. Augustus Clift.

Certified Correct.
D. M. Browning
Registrar

(Listed in the Margin next to this will the following)
Fiat
Mar 7/13
Johnson J.
Probate
mar 7/13
granted
to Mary
A. Duff
Robert
Duff and
John Duff.
Estate
sworn at
$113.197.66

 

 

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 and Ivy F. Benoit

REVISED BY: Ivy F. Benoit June 15, 2002

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