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A Collection of Newfoundland Wills
(H)
Alexander John McRae Harvey

 

Will of Alexander John McRae Harvey
from Newfoundland will books volume 15 page 122-126 probate year 1930

In re
     ALEXANDER JOHN McRAE HARVEY.       DECEASED.

THIS IS THE LAST WILL AND TESTAMENT OF ME ALEXANDER JOHN McRAE HARVEY OF ST JOHN'S, IN THE ISLAND OF NEWFOUNDLAND MERCHANT.
FIRST: I will devise and bequeath all the right title and interest that I may have at the time of my death in my house on Kings Bridge Road known as Belair and in the Stable and Coach House or Garage adjacent thereto and in the land used as lawns and gardens surrounding the said House, Stable, and coach House or Garage, to my two sons Gerald Cockburn Harvey and Reginald Cockburn Harvey in equal shares provided always that if either of my said two, sons shall desire at any time to sell his fair share in the said property he shall first offer his said interest to my other son for the sum of Seven Thousand Five Hundred Dollars. If the offer be not accepted within six months of the date on which it is made the son so desiring to sell his interest in the said property shall thereafter be at liberty to sell it to any other purchaser.
SECOND. I direct that my Executors shall select from my household furniture and plate all such articles as may have my family crest upon them or may be heirlooms in my family or may have been inherited by me or purchased by me from the estate of my uncle the late Samuel Augustus Harvey of Belair Paget in the Island of Bermuda or may have been inherited by me from my Uncle the late William Shedden Barr of the Long House Pembroke in the Island of Bermuda and also a China Bowl and a mahogany Armchair covered with leather which were a present to me from my late Father. I direct that my dear wife Amy Constance Harvey shall have the use of these articles so selected during her lifetime and that upon her death they shall be valued by some competent person and that after they have been so valued each of my children or his or her representative who may desire to purchase any of the articles at the value placed upon them shall in turn in order of seniority of their representative shall shall continue to make choice until all the articles have been disposed of. It is to be understood that for the purpose of this valuation and choice the article shall be an article complete in itself and that a dinner set or tea set shall be considered one article even though comprising many pieces. The proceeds of these articles shall be dealt with as hereinafter provided for the residue of my estate. I direct that the rest of my household furniture plate pictures carriages and harnesses shall be the property of my dear wife Amy Constance Harvey
THIRD. I direct that as soon as may be convenient after my death my Executors shall pay to the children of my late brother John Noble Harvey the sum of Twenty four Hundred Dollars the said sum to be divided between the said children in equal shares.
FOURTH. I direct that my executors shall pay the sum of Eight Hundred Dollars annually to my two sisters Mary Gray Harvey and Fannie Barr Harvey in equal shares so long as they both shall live and that one of them being dead my Executors shall pay to the survivor the sum of Six Hundred Dollars annually during her lifetime.
FIFTH. I will devise and bequeath to the Trustees for the time being of the Church of England Orphanage the sum of Fifteen Hundred Dollars to the Church of England Clergy Sustentation Fund the sum of One thousand Dollars to the Methodist Orphanage the sum of Five Hundred Dollars to Mount Cashel Orphanage the sum of Five Hundred dollars to my Niece Mrs. M. Bushnell the sum of Five Hundred Dollars to my niece Frances Vernon Stephens the sum of Five Hundred Dollars to my niece Dorothy Vernon Stephens the sum of Five Hundred Dollars to Lizzie Nugent the sum of Five Hundred Dollars to James J. Maher the sum of Four Hundred Dollars to Alfred J. Moakler the sum of Two Hundred and Fifty Dollars to John T. Walsh the sum of One Hundred and Fifty Dollars to Irene Irene Wills the sum of One Hundred and Fifty Dollars, to Mary Moakler the sum of Fifty Dollars, to Albert Osmond the sum of Three Hundred and Fifty Dollars, to Everett H. Wills the sum of Two Hundred and fifty Dollars, to George Vavasour the sum of Two Hundred Dollars and Richard Buckley the sum of Two Hundred Dollars.
Sixth. I will devise and bequeath to my sons Gerald Cockburn Harvey and Reginald Cockburn Harvey as Trustees, Fifty shares of the value of Five Thousand Dollars of the Common Stock in Harvey and Company Limited and Sixty shares of the value of Six Thousand Dollars of the Common Stock in A. Harvey and Company Limited and Forty Shares of the value of Four Thousand Dollars of the Common Stock in Harvey's Estate Limited, to be dealt with by them in accordance with instructions contained in a letter of the same date as this my last Will and testament written to them by me and deposited with my said last Will and Testament.
Seventh. I will devise and bequeath all my other property whatsoever and wheresoever situate and all monies and securities for money and all and singular whatever property and estate I may die possessed of or in which I may in any wise be interested unto my Executors hereinafter named to hold the same upon the trusts and conditions hereinafter set out. I direct that my executors shall invest my Estate in the best manner possible and in accordance with the wishes hereinafter expressed but that they shall not be held liable for any losses that may be incurred by reason of such investment.
Eighth. I direct that during the lifetime of my dear wife Amy Constance Harvey the residue of my estate shall be kept invested and out of the interest dividends or annual proceeds of such investment an amount amount shall be paid annually to my said wife sufficient to make her income from all sources up to a minimum of Fourteen Thousand Dollars if it would otherwise fall below that amount and in the event of my said wife electing to reside after my death in any country in which by the laws of the country she becomes liable to pay a tax upon her income I direct that for the purposes of this payment to her the amount of such tax shall be allowed for when the net minimum income of Fourteen Thousand Dollars is calculated my intention being that my said wife shall enjoy from all sources together, from which she may derive income, at least the clear amount of Fourteen Thousand Dollars free from any deductions whatever. I direct that the remainder of the aggregate amount of the interests dividends or annual proceeds of the investment of the residue of my Estate during the lifetime of my said wife be divided into four equal parts and that one fourth equal part be paid to each of my children namely Edith Mary Cockburn Powys-Keck Gerald Cockburn Harvey, Harold Cockburn Harvey, and Reginald Cockburn Harvey, or if any of them be dead having married and left children that her or his share be paid to such children in equal shares. If any of my children be dead leaving no children I direct that her or his share of the interest bonusses or annual proceeds of the investment of the said residue of my Estate be divided during the lifetime of my said wife between my surviving children in equal shares.
NINTH. Upon the death of my dear wife Amy Constance Harvey I direct that from the principal sum of the residue of my estate the sum of Fifteen Thousand Dollars (which I estimate to be the saleable value of my house Belair) shall be deducted and that of the sum remaining one fourth part shall be paid to my son Gerald Cockburn Harvey and one fourth part to my son Reginald Cockburn Harvey. After the deduction and payment aforesaid I direct that the sum of Fifteen Thousand Dollars previously deducted from the amount of the residue of my estate be added to the sum remaining and that the amount thus arrived at be divided into two equal parts and that one of these equal parts be paid to my son Harold Cockburn Harvey for his sole use and benefit in the following manner, viz; One fifth of the said sum shall be paid to my said son at such time within two years after the death of my said dear wife Amy Constance Harvey as my Executors shall find convenient and the remaining four fifths of the said sum shall be paid to my said son in equal instalments at the end of the third, fourth, fifth and sixth years after the death of my said dear wife Amy Constance Harvey. Interest at the rate of six per cent per annum upon the amount unpaid shall be paid annually to my said son form the date of the death of my said wife until the date of the said several payments. I direct that the other equal part be invested and that the interest bonusses or annual proceeds be paid to my daughter Edith Mary Cockburn Powys-Keck during her lifetime for her sole use and benefit and that on and after the death of my said daughter the interest bonusses or annual proceeds of the said investment be paid to her child or children in equal shares (subject always to the proviso hereinafter expressed) until such child or children shall have attained the age of thirty years. When the youngest of such children shall have attained the age of thirty years (if my said daughter be then dead) I direct that the principal sum constituting the paid equal part of the residue of my estate be paid to such child or children in equal shares. If any such children be dead having married and left children such children shall receive the portion that would have been inherited by their parent in equal shares. Provided always that should my dear Grand daughter Clodagh Petty Powys-Keck succeed to the Stoughton Grange Estate through the defaul of heirs to her Uncle Mr. Thomas Laycenter Powys-Keck she shall not receive the whole of the sum which would have been her share of this bequest because she will then be liberally provided for but the Trustee of the Trust Fund shall pay to her the sum of Five Thousand Dollars to be used by her in the purchase of some article of personal use to be kept by her in memory of me and of my great love for her. Should any of my children predecease my said wife and such child be unmarried or having married have died leaving no children I direct that her or his share of the residue of my Estate be apportioned among my other children her surviving or their representative under make some provisions provisions and conditions as I have hereinbefore made for the several shares of the residue of my estate.
TENTH. I will devise and bequeath to my brother George Cockburn Harvey the sum of One Thousand Dollars and I cancel entirely all his indebtness to me.
ELEVENTH. Whereas I entered into a copartnership agreement with Sir Joseph Outerbridge and the Honourable John Harvey on the Nineteenth day of March in the year of Our Lord One Thousand Nine Hundred and Seven which copartnership agreement has since been merged into the Companies styled Harvey and Company Limited, A. Harvey and Company Limited and Harveys Estates Limited, of which Companies I am a director and whereas I am desirous that no large sum of money should be withdrawn from the business carried on by the said Companies lest the withdrawal of such money might embarrass the surviving shareholders in the carrying on of the business of the said companies and whereas it is my expectation and my desire that my sons who are directors in the said Companies shall continue to hold the interest in them now held by me and to take an active part in the control and management of the business for so long a period successfully prosecuted by them., I therefore authorize and recommend my executors to refrain from withdrawing the money belonging to me which may be invested in the said business at the time of my death or may be on deposit at my credit therein.
And lastly I nominate and appoint my sons Gerald Cockburn Harvey, Harold Cockburn Harvey, and Reginald Cockburn Harvey as executors of this my last will and testament and I do nominate constitute and appoint my said sons Gerald Cockburn Harvey, Harold Cockburn Harvey, and Reginald Cockburn Harvey to be the Trustees of my said last will and testament for the purpose of carrying out and into effect the trusts and the intent meaning and purposes of my said last Will and testament.
In Witness whereunto I have hereunto subscribed my name at St. John's in the Island of Newfoundland this Twelfth day of June, in the year of Our Lord One Thousand Nine Hundred and Twenty four.

ALEXANDER JOHN McRAE HARVEY.

Signed published and declared by the said Alexander J. McRae Harvey as and for his last Will and Testament in our presence as witnesses who as such Witnesses subscribed the same in the presence of the said Alexander J. McRae Harvey and of each other.
Alfred J. Monkler   St. John's   Newfoundland.
John T. Walsh    St. John's   Newfoundland.

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

(Listed in the margin of this will)
Fiat
January 27/30
W. J. Higgins
Judge
Probate granted
Gerald Cockburn
Harvey and
Reginald Cockburn
Harvey on the
27th day of March
A.D. 1930
Value of Estate
$426.147.20

 

 

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.

Will scanned by Ernie Kraut and transcribed by Ivy F. Benoit

Page Revised by Ivy F. Benoit (April 7, 2003)

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