Presented by the
Newfoundland's Grand Banks Site
to assist you in researching your Family History
Click on the graphic below to return to the NGB Home Page
To contribute to this site, see above menu item "About".
These transcriptions may contain human errors.
As always, confirm these, as you would any other source material.
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)
Newfoundland's Grand Banks is a non-profit endeavor.
No part of this project may be reproduced in any form
for any purpose other than personal use.
JavaScript DHTML Menu Powered by Milonic
© Newfoundland's Grand Banks (1999-2023)
Hosted by
Your Community, Online!