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A Collection of Newfoundland Wills
(G)
John Green

 

Will of John Green
from Newfoundland will books volume 10 pages 176 to 182 probate year 1914.

In re
     John Green       deceased.

This is the last will and testament of me John Green of St. John's in the Island of Newfoundland, Master Mariner.

  • First I hereby revoke all wills and testamentary dispositions of any kind by me at any time heretofore made.
  • Second. I appoint Charles P. Ayre of St. John's Merchant, sole Executor of this my will.
  • Third. I hereby declare that a certain Indenture dated the second day of April A.D. 1885 and registered in Volume 29 (this might be 27) of the Registry of Deeds pages 542-545 was executed by me under the mistaken idea that it was my will: that at the time I executed said Indenture I was on the eve of a trip abroad and desired to make a will, but by some unaccountable error the said deed was prepared and executed by me instead as I have stated in error. I always thought that the said Indenture was a will and as such inoperative and revocable during my life-time until advised during the year 1904 to the contrary. Under these circumstances and being advised that my friend George A. Hutchings, who is the Trustee mentioned in the said Indenture, may be chargeable in respect thereof or thereunder and may suffer loss owing to his being Trustee as aforesaid. I consider it my bounden duty to protect and indemnify him as far as in my power lies and to that end I hereby charge my whole estate in favour of the said George A. Hutchings and direct my said Executor to pay to the said George A. Hutchings all such sums as the said George A. Hutchings may be called upon to pay to any person or persons whomsoever on account of his the said George A. Hutchings conduct in the said trusts or on account of any actions claims or demands (and the costs of defending himself both as between party and party and as between Solicitor and client or otherwise howsoever) arising out of or by reason of the said Indenture and whether the same shall arise owing to the acts or omissions or wilful default of the said George A. Hutchings or otherwise howsoever it being my intention and express direction to provide a complete indemnity for the said George A. Hutchings in respect of any liability he may have incurred or may at any time hereafter incur to any person whomsoever in respect of the said Indenture or his acceptance of the trusts thereunder or his acts omissions or defaults wilful or otherwise or that the said George A. Hutchings shall not suffer any loss whatever in the premises.
  • Fourth. I hereby declare that all legacies gifts and bequest hereinafter made by me to my grand-daughter Janet L. Brown are made upon the express condition that she shall accept the same in lieu of all actions claims benefits advantages and demands of every kind and nature under the aforesaid Indenture dated the 2nd day of April A.D. 1885 and upon all the property mentioned therein and upon the said George A. Hutchings the trustee mentioned therein, and that she shall release the said George A. Hutchings from all actions claims and demands of every kind and nature whatsoever and from whatsoever cause arising including gross and wilful default on the part of the said George A. Hutchings. Subject in all respects to the foregoing provisions of this my will.
  • Fifth. I give and bequeath to Kate Green nee Halliday of New York, wife of Benjamin Green, one hundred dollars; to Janet Conway of New Jersey, wife of Rev. Joseph Conway, daughter of my late brother James H. Green, one hundred dollars; to Mary Elizabeth Stevenson, my housekeeper, daughter of John Stevenson Sr. Of Harbor Grace, twelve hundred dollars; to the new Wesley Methodist Church to reduce debt fifty dollars; to the Methodist Orphanage twenty-five dollars; to my nephew Robert J. Green one hundred dollars.
  • Sixth. I give and bequeath my household furniture as follows: - To the said Janet L. Brown my piano, sewing-machine, large mirror in my bedroom the case of silver presented to my by the N.F. Steam Screw Tug Co. Ltd. and all the furniture and clothes normally used in the bedroom occupied by her; to the said Mary Elizabeth Stevenson I give and bequeath all the furniture and clothes usually used in the bedroom occupied by her. All the rest residue and remainder of my household furniture I direct my Executor to divide as equitably as may be between the said Janet L. Brown and Mary Elizabeth Stevenson.
  • Seventh. I give and bequeath the net income arising from all that piece or parcel of land in LeMarchant Road which said piece or parcel of land is particularly described in a Bill of Sale from Augustus O. Hayward to me dated the second day of May A.D. 1878 and registered in Volume 26 of the Registry of Deeds pages 105-106 together with all buildings and erections thereon, unto the said Janet L. Brown until she shall die marry or attain the age of twenty-five years. Upon her marriage or attaining the age of twenty-five years which ever event shall happen first I give devise and bequeath the said property to her absolutely.
  • Eighth. I give devise and bequeath all the income arising from the rest residue and remainder of my estate unto the said Janet L. Brown until she shall die marry or attain the age of twenty-five years. Upon her marriage or attaining the age of twenty-five years whichever event shall happen first I give devise and bequeath the said property to her absolutely.
  • Ninth. Should the said Janet L. Brown die before being married or reaching the age of twenty-five years I direct my executor to sell and realize all the property mentioned in the seventh and eighth paragraphs of this my will and out of the proceeds to pay to the said Mary Elizabeth Stevenson two thousand dollars, and divide the balance between the following persons, that is to say, the said Robert J. Green; John Halliday, of Toronto, Carpenter; the said Kate Green; the child or children of the late Belle Henderson, nee Halliday, of New York; Eleanor Day of New Jersey, wife of Manning Day; Emma Peterkin of New Jersey, wife of       Peterkin; Louisa Williams of New York, wife of Frank Williams; the said Janet Conway Cordelia Mergott of New Jersey, wife of Adolph J. Mergott; Albert Stevenson at present of Bonavista; Charles F. Stevenson of St. John's and John Stevenson Jr. Of St. John's, children of William Stevenson; Mary Green of Kings Glynn, Norfolk, England, daughter of my late brother Edmund Green; John Green of Plainfield, New Jersey, son of my late brother Edmund Green, and Barbara Miller, nee Green wife of Hugh Miller, of St. John's, Druggist, share and share alike.
  • Tenth. I desire and request my said grand-daughter at all times after my death and at any rate until she shall marry or attain the age of twenty-five years to consult with and be guided by the advice of my friend James P. Blackwood, of St. John's Barrister at Law.
  • Eleventh. I declare that all monies liable to be invested under this my will may be invested by my Executor on Mortgage of any freehold or leasehold houses or land in this Colony.

In witness whereof I have hereunto set my hand at St. John's aforesaid this sixteenth day of April Anno Domini one thousand nine hundred and ten - John Green - Signed by the said testator in the presence of us, both being present at the same time, who at his request, in his presence, and in the presence of each other have hereunto subscribed our names as witnesses. Jas P. Blackwood   Jessie E. White

This is a codicil to my foregoing Last Will and Testament dated the sixteenth day of April Anno Domini one thousand nine hundred and ten. I hereby increase the legacy given by me in the fifth paragraph of my said will to Mary Elizabeth Stevenson from Twelve hundred dollars to fifteen hundred dollars.
In witness whereof I have hereunto set my hand at St. John's aforesaid this twenty-fourth day of October Anno Domini one thousand nine hundred and ten. - John Green - Signed by the said Testator in the presence of us both being present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses. Jas. P. Blackwood   Jessie E. White

this is a codicil to my last will and Testament dated the sixteenth day of April Anno Domini one thousand nine hundred and ten and to the codicil thereto dated the tenth day of May Anno Domini one thousand nine hundred and twelve. I hereby declare that the legacies given by me in my said will and codicils to Mary Elizabeth Stevenson are in satisfaction of all claims of every kind and nature which she may have upon me and in particular and without prejudice to the generality of the foregoing expression in satisfaction of any claim she may have upon me for acting for some years as my housekeeper. Although I do not consider that she has any claims whatsoever upon me for any service she may have rendered or otherwise over domestic arrangements having been for our mutual benefit. In case the said Mary Elizabeth Stevenson shall refuse to accept said legacies in full satisfaction of any claim she may allege I hereby revoke all legacies in my will or any codicil thereto in her favour and direct that same become part of my residuary estate and be dealt with accordingly.
In witness whereof I have hereunto set my hand at St. John's aforesaid this seventeenth day of February Anno Domini one thousand nine hundred and thirteen. - John Green - Signed by the said testator in the presence of us both being present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses. Jas. P. Blackwood.    Jessie E. White -

This is a codicil to my last will and Testament dated the sixteenth day of April Anno Domini one thousand nine hundred and ten. First I hereby revoke the codicil to my said will on the other side hereof written dated the twenty-fourth day of October Anno Domini one thousand nine hundred and ten. I hereby increase the legacy given by me in the fifth paragraph of my said will to Mary Elizabeth Stevenson from Twelve hundred dollars to Two thousand dollars And in the ninth paragraph of my said will from Two thousand dollars to Three thousand dollars. Dated at St. John's this 10th day of May A.D. 1912. - John Green - Signed by the said testator in the presence of us both being present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses. - Jas P. Blackwood.   Jessie E. White.

Certified correct.

(Listed in the margin next to this will the following)
Fiat
C. J.
Feb 28/14
Probate
Mar. 9/14
granted
to Charles
J. Ayre
Estate
sworn at
$ (figures are indecipherable but seems to have 7 digits)

 

 

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

Page Revised by Ivy F. Benoit (December 20, 2002)

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