Will of John Charles Marshall
from Newfoundland will books volume 13 pages
125-128 probate year 1925
JOHN CHARLES MARSHALL. DECEASED.
This is the last Will and Testament of me, John Charles Marshall of
St. John’s in the Island of Newfoundland, Merchant.
appoint my eldest son, Leslie Mckay Marshall of St. John’s (Accountant);
George Sellars Marshall of St. John’s (StoreKeeper); John
Mary Walsh of St. John’s (Accountant)
of this my Will.
(1) I leave and bequeath to my wife all my interest in Furniture
and Household effects at Kelvin House. In this connection there are
certain pieces of Furniture given to my Wife by out-siders and which
belong exclusively to her and which she can designate; also a few pieces
belonging to my son Leslie McKay Marshall and which he can designate.
(2) I will and bequeath to my wife, as hereinafter provided, my
interests or Residue of my Estate after payment of my Debts.
(3) At my wife’s decease, or so long as she shall remain
a Widow, the following division shall be made:- Three Eights (3/8)
to my son Leslie
McKay Marshall - Three Eights (3/8) to my son Walter
Melville Marshall - One Eighth (1/8) to my daughter Cynthia
Marshall and One Eighth (1/8)
to my daughter Helen Southerland Marshall. I leave all my Estate to my
Wife because I fear that in making a division there will not be sufficient,
if divided, to maintain her and in leaving the whole of my Estate in
this way it is not to be considered as a reflection on any of my children
and I feel assured that my Wife will do everything possible to give them
anything in her power.
(4) It is my wish that the business of Marshall Brothers be
continued at the discretion of my Executors but should they
decide to wind up its affairs, then they are to do so. Should
the business be continued, it is my wish that it be conducted
under the management of my son, Leslie Mckay Marshall until
my son, Walter Melville Marshall attain
the age of Twenty One, when he will assume joint managership,
or owner, in the case of my Wife’s decease.
(5) A Rental, not exceeding Three Thousand Dollars ($3,000.00)
per annum, is to be charged on said business premises to form
the Nucleus of an income to my Wife. Should my Wife decide
to continue living at the House known as Kelvin House, then
if circumstances permit her to do so she (my Wife) is to be
subject to the payment of interest on Loan from my Brother,
George S. Marshall.
(6) My Wife to get a sufficient sum to maintain herself and
educate my two Girls from the Business, but not exceeding Five
Thousand Dollars ($5,000.00) per Annum as circumstances will
(7) In addition to the One Eighth share, as provided for in
clause 3, each of my Daughters - Cynthia Marshall and Helen
Southerland marshall - are to be allowed from the Business
of Marshall Brothers the sum of Five Hundred Dollars ($500.00)
per Annum each so long as they shall remain single, until the
decease of my wife when said payment ceases and they then get
the One Eighth of a Share each as provided for in Clause 3
but the Partners of Marshall Brothers are given a period of
Ten Years (from the decease of my Wife) in which to pay off
the Capital represented by this amount; said Capital to be
computed on a Six Per Cent (6%) per Annum basis.
(8) The Salaries of my two sons, Leslie McKay Marshall and
Walter Melville Marshall, for their services of the business
of Marshall Brothers to be fixed by my Executors.
(9) Should the Business prosper, as I sincerely trust it will,
it is my wish, that the Building known as The Marshall
Building shall belong on my Wife’s decease to
my son, Leslie
MacKay Marshall, at a valuation
to my General Estate of Thirty Thousand Dollars ($30,000.00) and Kelvin
House to my son, Walter Melvill Marshall, at a valuation of Sixteen Thousand
Dollars ($16,000.00) free of any liability. Should it be found impossible
for the said Walter Melvill Marshall to take over Kelvin
House at this
figure then the said Walter Melvill Marshall to be joint owner of the
Marshall Building with his brother, Leslie
MacKay Marshall the amount
realised for Kelvin House to form part of my General Estate. For a clearer
definition, and so as to avoid any confusion as to the purpose and intent
of this Will, it has to be clearly and distinctly understood that both
the Premises known as The Marshall Building and Kelvin
House shall form
part of my General Estate in which my Daughters, Cynthia
Helen Southerland Marshall, shall participate to the extent of One Eighth
of a Share each; the valuation of said Properties to be at Thirty Thousand
Dollars ($30,000.00) and Sixteen Thousand Dollars ($16,000.00) respectively.
10. All Stocks held by me in Companies to form part of my General
Estate. The Shares in the Nfld Clothing Co. Ltd. are subject
to hypothecation to the Royal bank of Canada on account of
Marshall Brothers and are to await a favourable
time to realise, subject to the Bank’s pleasure.
11. The valuation of my Estate for the purpose of assessing
shares viz. Cynthia Marshall and Helen
Southerland Marshall, is to be
determined at my decease.
12. Should any of my children pre-decease any of the others
without issue, said Child’s share to become part of
my General Estate.
13. Should the Profits of Marshall Brothers exceed the payment
to my Wife and Daughters, Cynthia Marshall and Helen
Southerland Marshall, that is to say the payment of Five Thousand Dollars
($5,000.00) to my Wife (the rental on The Marshall Building
being Preferential) and the sum of Five Hundred Dollars ($500.00)
to each of my Daughters; it is my wish that such Profits beyond
these Payments shall go to my Sons, Leslie MacKay Marshall and Walter
Melvill Marshall, share and share alike and it is
further my wish that this amount be kept in the Business as
the nucleus of a Reserve Account.
14. Any Monies due by me to my brother, George Sellars Marshall,
on account of Kelvin House to be retained by my Executors as
an off-set against my Guarantee to The Royal Bank of Canada
on Account of my Endorsation to a Note in connection with the
SS. Edmund Donald.
15. Should my Son, Walter Melvill Marshall, not see his way
clear to take over the House and Property known as Kelvin
House the said Property to be offered to any of my surviving children
(on the same terms and conditions as named in Clause 9) in
order of Seniority. The same terms to apply to the Building
known as the Marshall Building and now occupied by Marshall
Brothers as their Business Premises.
16. It is my wish that my Executors be remunerated as follows:
To Leslie MacKay Marshall the sum of Five Hundred Dollars
($500.00); George Sellars Marshall the sum of Five Hundred Dollars
($500.00); John Mary Walsh the sum of Five Hundred Dollars ($500.00).
These payments in full of all and any further obligation.
Witness my hand at St. John’s, this 10th, Day of December, Anno
Domini, One Thousand Nine Hundred And Twenty Three.
Witnesses to the signature of J. C. Marshall in our presence
who, at his Request and in his Presence and in the Presence of
each other (all present at the same time) have hereunto subscribed
Pollars Dec 10th 1923.
Thomas Fagan Dec 10th 1923.
William F. Lloyd
Registrar of the Supreme Court of Newfoundland.
(Listed in the margin next to this will the following)
Fiat July 26/25
to Leslie Mckay
and John Mary