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A Collection of Newfoundland Wills
(H)
John Henderson

 

Will of John Henderson
from Newfoundland will books volume 10 pages 403 to 405 probate year 1916

In re
      JOHN HENDERSON       deceased.

      This is the last will and testament of me John Henderson of St. John’s in the Island of Newfoundland, Commission Merchant, I revoke all former wills by me at any time made, and I appoint the Honourable John Harris and my wife Edith Henderson the executors of this my will:
      First I give and bequeath to my brother and sister Hector J. Henderson and Elizabeth Loughnan, in equal shares, all my right, title and interest in our property at Harbor Grace;
      Secondly I direct my said executors to pay to my sister Elizabeth Loughnan within two months from the date of my death the sum of Five hundred dollars, and to my brother Hector J. Henderson within the same time the sum of Three hundred dollars.
      Thirdly I direct my said Executors to set apart out of my estate such sum as shall be sufficient when invested to produce an annual income of Fifteen hundred dollars and to invest the same accordingly and pay the said income to my said sister Elizabeth Loughnan during her life and upon the death of my said sister to pay the principal sum to my wife Edith as her absolute property if she be then living but otherwise as she may by her will appoint:
      Fourthly I direct my said Executors to set apart out of my estate in like manner a sum sufficient to produce an annual income of four hundred and fifty dollars and to invest the same accordingly and to apply the said annual sum of Four hundred and fifty dollars in their discretion for the support and maintenance of my said brother Hector J. Henderson during his life and upon the death of my said brother to pay the principal sum to my wife Edith as her absolute property if she be then living but otherwise as she may by her will appoint:
      Fifthly I direct my said executors to expend the sum of two hundred dollars upon low Masses for the repose of my soul, and I desire that this sum shall be distributed at the discretion of my executors among the different priests most in need thereof in Newfoundland.
      Sixthly I give and bequeath to the Church of England Orphanage, at St. John’s, the Methodist Orphanage at St. John’s, the Belvidere Orphanage at St. John’s, the Industrial School at Mount Cashel, the Dorcas Society, the St. Vincent de Paul Society (Men’s) and the St. Vincent de Paul Society (Women’s) the sum of Four hundred dollars each, making two thousand eight hundred dollars in all.
      Seventhly I give and bequeath all the rest, residue and remainder of my property (including my interest in the business of Hearn and Company and in the firm’s buildings, my shares in companies, and all surplus moneys left after payment of debts, expenses, and the foregoing specific legacies) to my wife Edith as her absolute property.
      Eighthly I declare that it is my desire to have the realization of my estate so conducted as not unreasonably to hamper the business of Hearn and Company and to that intent I authorize my Executors if they shall in their discretion think fit to postpone the conversion and realization of my share in the said business for such a period not to exceed in all five years as they shall deem advisable but so that the legacies and annuities given by this my will shall in the meantime be paid and that the ultimate payment out of my share in the said business shall be secured by bond mortgage or otherwise.
      Ninthly I declare that it is not my desire to restrict my Executors in the investment of the legacy or residuary funds of my estate to what are commonly known as Trustees’ Investments but that I rely on their judgment in the selection of such investments as shall appear to them to combine reasonable safety with substantial return:    Tenthly I direct that should my said wife Edith predecease me the benefits conferred on her by this my will shall go to my said sister Elizabeth Loughnan in her stead as if the name of my said sister were substituted for that of my said wife throughout the will, including the appointment of executors, and the clause of the will commencing “Thirdly” were deleted    In witness whereof I have hereunto subscribed my hand at St. John’s this twenty-ninth day of January, 1914.    J. Henderson.    Signed published and declared by the testator as and for his last will and testament in presence of us, both being present at the same time, who in his presence and at his request hereunto subscribe ourselves as witnesses attesting the due execution thereof: Chas. O’Neill Conroy.    K. Sinnott.

      This is a codicil to the foregoing will of me John Henderson dated the twenty-ninth day of January, 1914: Whereas my executor, John Harris in the said will named is now dangerously ill, I hereby revoke the appointment of the said John Harris and appoint Charles O’Neill Conroy of St. John’s one of His Majesty’s Counsel the Executor in place of the said John Harris, but in all other respects I confirm my said will.    In witness whereof I HAVE hereunto subscribed my hand at St. John’s this fourth day of December A.D. 1915.     J. Henderson.     Signed published and declared by the testator as and for a codicil to his last will and testament in presence of us, both being present at the same time, who in his presence and at his request hereunto subscribe ourselves as witnesses attesting the due execution hereof W.J. Higgins, William Donnelly.

Correct,
Charles H. Emerson
Registrar of the Supreme Court of Newfoundland

(Listed in the margin of this will)
Fiat
July 4/16
C.J.
Probate
July 6/16
granted to
Edith Henderson
     &
C. O’N Conroy
Estate sworn
at $160.000.00

 

 

Page Contributed by Judy Benson & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)

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