Will of Daniel J. Henderson from Newfoundland will books volume 7 pages 232-237 probate year 1903

Last Will of Daniel J. Henderson
late of St. John's, Gentleman, deceased.

      This is the last will and testament of me Daniel J. Henderson of St. John's in the Island of Newfoundland, Gentleman. Whereas I am part owner of certain mining properties situate at York Harbour in the Island aforesaid And whereas the said properties were subject to certain conditions contained in an agreement with the York Harbour Copper Company Limited, of Manchester, England, dated January 14 1901 to have been purchased by the said Company for £ 69,000 sterling half of which was to have been paid to me. And whereas I issued and disposed of certain scrip payable out of my share of the purchase price aforesaid, to the several persons and for the amounts, set forth in the statement hereinafter mentioned and contained. And whereas the said York Harbor Copper Company failed to carry out their agreement to purchase the properties aforesaid. And whereas certain negotiations are now pending with parties in the United States of America for the sale of the said properties for the same, or practically the same sum as was agreed upon by the York Harbor Copper Company aforesaid.
Now in the event of a sale of the said properties for the sum or practically the sum aforesaid by which my estate would realize one half or practically one-half of such sum, my executor shall redeem the scrip issued by me and pay out of my estate to the holders of said scrip (set forth in the statement hereinafter mentioned and contained) the sum named in the scrip held by them respectively or the sum named in any scrip which I may issue and transfer to any person or persons after the date of this my last will
The following to the statement, hereinbefore referred to, containing the names of the persons to whom I have issued scrip, the date of the issue, and the sum the holders thereof are entitled to be paid, respectively, out of my estate as set forth in the immediately preceding paragraph.

July 16

J. H. Freeman

R K Bishop

After the payment of the amounts due upon the scrip issued by me as aforesaid and all other just debts I give and bequeath

1^st To my executor, hereinafter named, a sufficient sum in trust to be invested by him in such manner as he may think proper so as to yield an annuity of Two thousand dollars which annuity shall be paid to my wife Charlotte Henderson during her life.

2^nd. To my adopted niece "Minnie" nee Mary Collins, wife of A. G. Diamond I give and bequeath the sum of four thousand dollars and also the sum of five hundred dollars each to her three children Arthur, Mary Gladys and Herbert.

3^rd. To Mrs. Fanny L. Henderson Pearce, I give and bequeath the sum of one thousand dollars and to her daughter Fanny the sum of five hundred dollars and to her daughter Eleanor two hundred & fifty dollars.

4. I give and bequeath the sum of five thousand eight hundred dollars as follows

• To Jn D.R. Henderson, one thousand dollars.
• To Mrs. Mary Grant, one thousand dollars
• To James Henderson, one thousand dollars.
• To widow of William Henderson, one thousand dollars
• To widow of Ebenezer Henderson and her daughters one thousand dollars
• And to John Costley the sum of eight hundred dollars.

The foregoing obligations and bequests having first been discharged and satisfied I direct that the residue of my estate shall be bequeathed as follows:-

5^th To the St. Vincent and Dorcas Societies and to the Church of England, Roman Catholic and Methodist Orphanages, I give and bequeath the sum of Four hundred dollars each. To the Salvation Rescue Home and St. Andrews Church I give and bequeath the sum of one thousand dollars each.

6^th To the Placentia Convent York Harbor School, York Harbour Free Church that is to say undenominational and York Harbour Roman Catholic Church, I give and bequeath the sum of four hundred dollars each.

7^th I give and bequeath the sum of five thousand dollars in trust to my wife Charlotte Mrs. A.G. Diamond Mrs Lt Col. Read (S.A.) Rev. A. Robertson and R. K. Bishop to be by them invested in a memorial fund for the creation or establishment of a charitable institution, the exact nature of which they themselves must decide. It is however, my wish that such institution shall if possible, be undenominational.

8^th. I give and bequeath to D.K. Henderson and to the resident presbyterian Clergyman at Mount Pleasant near Union Centre and Copper Lake Nova Scotia the sum of Five thousand dollars in trust for the establishment of a High School and Library at that place.

9^th To the children of H.B. Winston viz:- Bessie, Louise and Robert B. I give and bequeath the sum of one hundred dollars each.

10^th. To Robert Winston (and family i.e. the daughters) of Toronto I give and bequeath the sum of Two thousand dollars and to Francis Winston of the United States the sum of one hundred dollars.
After the bequests in paragraphs 5, 6, 7, 8, 9, & 10 are paid and discharged I desire that

11^th The sum of four thousand dollars to be expended under the joint direction of H.V. Smythe, J. H. Freeman, A.G. Diamond Alec Berteau and R.K. Bishop in and about prospecting, working, developing and selling undeveloped mineral property or interest in mineral property or properties I may now or hereafter possess. The net profits arising out of and as a result of the expenditure aforesaid, shall, after the payment of 10% to H. V. Smythe 5% to A. G. Diamond and 5% to J. H. Freeman and 10% each to R. K. Bishop and Alec Berteau and 10% to be reserved for a working fund, be divided pro rata, among all my legatees.

12^th Upon the death of my wife Charlotte I direct that the household furniture shall become the property of H V. Smythe and that the sum, out of which my wife's annuity was derived shall revert to my general estate for the benefit of the memorial fund (unless she wills it otherwise with my consent)

13^th It is my wish that Eric Henderson de Wolfe, son of B??? de Wolfe of Windsor Nova Scotia be educated as a mining engineer and on completion of such training to join with H. V. Smythe in prospecting and developing all or any of my mineral interests or claims. He receiving fair remuneration for his work.

14^th. As Mr Bertean solicitor has for years been my legal adviser, and as he is fully acquainted with all my affairs, private and otherwise I desire my executors to retain and consult with him on all matters connected with my estate.

15^th The residue if any, of my estate after all obligations and bequests have been paid and discharged shall be divided pro rata among the legatees.

16^th. Should my estate not reach the value upon which I have based the provisions of this my will the provisions shall be modified and abated accordingly.

17^th I appoint the Hon R. K. Bishop sole executor of this my last will and testament.
In witness whereof I have hereunto set my hand this 3^rd day of May A.D. 1902. D. Henderson.
Signed by the testator as his last will in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses W. F. Kennedy. L.R.C.P. M.F. Doran

      I certify the foregoing to be a correct copy of the last will of Daniel J. Henderson

D. M. Browning
Registrar

(Listed in the margin next to this will the following)
Fiat
Jany 7/03
Emerson J.
Letters of Probate
granted on the 10th
Jany /03 to
Robt. K. Bishop
Est sworn at
$1113.00

Can't quite decipher the two statements in the margin on page 236 but included them with the will's margin comments, as near as we can tell they say;

(Surities is by
testator not
witheld ??)

(???
Inter??ial
with)