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A Collection of Newfoundland Wills
(M)
Philip McCourt

 

Will of Philip McCourt
from Newfoundland will books volume 7 pages 12-13 probate year 1900

Last Will and Testament of
Philip McCourt of St. John's
Merchant deceased.

      This is the last will and Testament of me Philip McCourt late of Channel but at present of Saint John's merchant, hereby revoking all other and former wills by me at any time made. I give devise and bequeath all the property of every description both real and personal wheresoever situate including all moneys stock in trade of which I may die possessed of to my executors and trustees hereinafter named in Trust
(1) For the support and maintenance of my wife Elizabeth until her death or remarriage and such of my daughters who shall be unmarried at the time of my death and until their marriage
(2) In the event of the profits of said business being more than sufficient for the support and maintenance of my said wife Elizabeth and my said daughters remaining unmarried I direct that the same be invested in good security by my executors and trustees.
(3) In the event of the death or remarriage of my said wife Elizabeth I direct that the estate remaining in the hands of my executors and trustees at the time of her death or remarriage shall be equally distributed among my children Mary Ellen wife of John Sullivan, Ann Jane Eliza Mary Margaret, Mary Monica, Philip Joseph and Johanna Bridget
(4) Should the children who may be assisting my said wife in the conduct and management of the business at Channel at the time of the death or remarriage of my said wife Elizabeth desire to continue said business after her death or remarriage then and in such case my said executors shall assign the said business at Channel to them for their own use and benefit but not however before the share or interest of any of my said children who may not desire to continue the business at Channel shall have been first ascertained which share or interest shall be determined by two arbitrators one to be appointed by my executors and the other by the child or children so withdrawing whose duty shall be to make a thorough investigation of said business at Channel the assets and liabilities and the decision of said arbitrators shall be final. In the event of a disagreement between said arbitrators they shall have power to appoint a third and the decision of any two shall be final. The share or interest of said child or children so withdrawing having been ascertained as aforesaid I direct that my executors shall pay to him or her the value of said share provided that in the opinion of my executors the payment of said share or interest would not imperil the financial stability of said business if however my executors be of opinion that the payment to the child or children withdrawing from said business at Channel of their share or interest therein in one sum would jeopardize or imperil the financial stability of said business I direct that my executors shall pay to the child or children so withdrawing their share or interest in instalments of such amount and at such times and manner which in their opinion may seem best. I direct that my wife Elizabeth shall be the manager of my said business until her death or remarriage. I appoint my wife Elizabeth and my daughter Ann Jane and my son-in-law John Sullivan executors and trustees of this my will. Dated at St. John's this 31st day of January 1900 (sgd) Philip McCourt. Signed by the said Testator as and for his last will and Testament in the presence of us who in his presence and at his request and in the presence of each other have hereto our names subscribed as witnesses. (Sgd) Thomas Bates. (Sgd) George T. Carty.

      I certify the foregoing to be a correct copy of the last will and Testament of Philip McCourt deceased

D. M. Browning
Registrar

(Listed in the margin next to this will the following)
Fiat
Jos I. Little
C. J.
Probate
granted to
Eliz McCourt
Ann Jane McCourt
& Jno. Sullivan
on the 20th day
of Sepr. 1900
Value of
Estate $4,800

 

 

Page Contributed by Sheila Tiberio, Judy Benson & Ivy F. Benoit

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

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