Will of James Harvey from Newfoundland will books volume 5 pages 407-408 probate year 1889

Last will and Testament
of James Harvey late of
St. John's Builder Deceased.

This is the last will and Testament of me James Harvey of St. John's Builder, and I hereby revoke all former wills by me made. I bequeath all my lands houses property estate goods and chattels and effects of which I shall die possessed unto my wife Charlotte Harvey and to Joseph Wilson of St. John's Baker and confectioner (hereinafter called my Trustees) upon trust to use and apply the same in the support and maintenance of my said wife and to the support maintenance and education of my children during the life of my said wife and on her decease to the said Joseph Wilson in trust for the support maintenance and education of my children who shall be living at the death of my said wife. (It is my will that in case my said wife shall marry again her husband shall have no control of any part of my estate or in the management of the same.) In case any of my sons shall attain the age of eighteen years before the death of my said wife then after attaining such age such son or sons shall have no further claim on my estate until after the death of my said wife if he or they shall survive her. If on the death of my said wife any of my children shall not have attained the age of twenty one years then my said trustee shall hold and apply my said estate for the support maintenance and education of my said children until the youngest shall attain the said age of twenty one years and shall then convey the whole of my estate absolutely to such of them as shall have survived in equal parts share and share alike. Provided the Trustees ??? to apply any part of my estate to the support and maintenance or education of either of my sons after such son shall have attained the age of eighteen years unless my said trustee shall in his discretion see will to do so. Every provision made by this my will for a female shall be to her separate use. It is my will that my said trustees or trustee shall have power to sell or mortgage any part of my estate in case in their or his discretion it shall be necessary or desirable to do so for the better support maintenance and education above referred to. I appoint my said trustees executor and executrix of this my will. In witness whereof I have hereunto subscribed my name at St. John's this 17^th day of September A.D. 1886. James Harvey. Signed published and declared by the said testator as and for his last will and testament in the presence of us the subscribers who in the presence of the said testator and of each other have hereto subscribed our names as such witnesses the day and year last above written Geo. M. Johnson. Joseph Wilson.

This is a codicil to my above written will. In case during the life of my said wife any of my daughters marry then from and after such marriage she shall forfeit all claim on my estate until the general division after my said wife's death and shall then share only in case she survive my wife. Dated at St. John's this 17^th of September 1886. James Harvey. Witnesses Geo. M. Johnson. Joseph Wilson
I certify the foregoing a correct copy

Chief Clerk & Registrar