Will of Patrick McGrath
from Newfoundland will books volume 10 pages 546
to 549 probate year 1917
Patrick McGrath deceased.
This is the last will and Testament
of me Patrick McGrath of St. John’s in the Island of Newfoundland,
1. I hereby revoke and cancel any previous wills or
testamentary dispositions heretofore made by me.
2. I appoint my four sons Patrick Thomas John and Leo to
be the executors of this my last will and testament.
3. I leave and bequeath
the following specific bequests namely: To my wife Elizabeth McGrath the
sum of Two thousand dollars. To my son Louis McGrath the
sum of one thousand dollars, five hundred dollars which said bequests shall
be paid to them respectively for their sole and absolute use and benefit.
4. I leave and bequeath to my four sons Patrick,
Thomas, John and Leo the
sum of one thousand Dollars to be held by them In Trust for my daughter
Mrs. Fanny Jackman; this sum to be suitable invested, the interest thereon
paid to her annually during her life; and upon her death the said sum shall
be similarly held In trust for the benefit of her then surviving children
until the youngest of them shall have attained the age of eighteen years,
at which time the said capital sum shall be divided equally among such
of them as shall then survive.
5. I leave and bequeath to my
wife Elizabeth for her life the house in which I now reside,
together with all the furniture fittings and appurtenances thereof of every
kind, upon her death the same shall fall back unto my residuary estate
6. All the rest residue and remainder of my property
and estate, real and personal and of whatsoever kind, I leave and bequeath
to my four sons Patrick and Thomas and John and Leo, subject to the trust
hereinafter provided to be their joint property and I direct that the following
conditions and obligations shall be observed, so far as the same may be
permissible at Law, that is to say:
- (a) The whole of
my said property shall be held as the joint property of my said four sons,
including my cooperage business as a running concern.
The said cooperage business shall be continued under the management
of my son John so long as he shall be willing to act, and for such
management he shall receive out of any profits after all wages are
paid the sum of one hundred and fifty dollars annually
- (c) The payment
of wages or salaries to my said sons in the said business shall
be as my said sons may jointly determine; but the division of profits
shall be equal among the four.
- (d) If any son shall die, the value
of his one-fourth share in the business and property shall be assessed
by those surviving, and such value shall be paid over to his personal
representatives in cash within one year of his death.
- (E) If any son
shall desire to withdraw from participation in the joint estate hereby
bequeathed, the value of his one fourth share in the business and properties
shall be assessed by those remaining and shall be paid to him in cash within
twelve months of his giving them notice of his intention as to withdraw.
In case the son withdrawing or the personal representatives of
the son dying shall not be satisfied of the fairness of the assessment
provided for in sections (e) and (f) above, he or they may by notice
in writing require that the assessment be referred to a board of arbitrators
(the provisions of the Judicature Act 1900 sections 192 to 212 inclusive,
to govern such arbitration as far as practicable.) The intention of
this section is to secure, so far as the law may permit, that my said
sons shall remain together and continue to carry on my said cooperage
business for the support of all of them; and it is to be construed
The bequest to my four sons contained in the preceding paragraph shall
during the life of my said wife Elizabeth McGrath remain
conditional upon their supporting my said wife, whether out of the
said business or jointly in equal shares, in the same condition of
life as she is at present; and such support shall be a first charge
upon all the property as bequeathed.
testimony whereof I have hereunto subscribed my name at Saint John’s
aforesaid this second day of February A.D. 1917. I have read over the foregoing
will and I hereby certify that I understand and approve the contents of
the same. - Patrick McGrath. Signed and Declared by
the said Testator as and for his last will and testament, he having
first read over the same and with his own hand written thereon a memorandum
of approval thereof, in the presence of us who in his presence and
the presence of each other did then and there sign our names as subscribing
witnesses thereto E.P. Morris John McGrath
Charles H. Emerson
Registrar of the Supreme Court of Newfoundland
(Listed in the margin of this will)
on the 15th
day of June