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A Collection of Newfoundland Wills
(M)
Charles H. Miller

 

Will of Charles H. Miller
(from Newfoundland will books vol 11 pages 76 and 77 probate year 1918)

In re Charles H. Miller       deceased

This is the last will and testament of me Charles H. Miller of Saint John's Furniture Dealer.

  1. I appoint Elias G. Gittleson of Saint John's Furniture Dealer Executor of this my will.
  2. I give and bequeath to my sister Elizabeth Miller the sum of one thousand dollars: also all the household furniture goods and chattels of every description contained in my dwelling house at my death.
  3. All the rest residue and remainder of my Estate I give devise and bequeath to my two sons Bernard and Leonard in equal shares subject and provided as follows: [1] Until they shall respectively attain the age of twenty-one years my said Executor shall pay the income thereof [or so much as he shall think necessary or advisable] to wards their support and education [2] should either of my said sons die before attaining the age of twenty-one years without leaving lawful issue then living his share shall go to the survivor.
  4. I appoint my said Executor guardian of the persons and estates of my said children and I direct that he shall have full power to order and direct their education and bringing up.
  5. I give to my said Executor power to continue my investments which may be in existance at the time of my death and to alter and vary the same and any future investments of the funds of my estate at his discretion: to invest any portion of my estate upon the security of mortgages upon landed property in Saint John's and in such stocks shares bonds or other securities as he may think fit at his discretion.
  6. I further will and direct that my executor may carry on the business at present carried on by him and me for the benefit of himself and of my estate [he receiving a fair salary out of the business as Manager]: or if he elect to purchase my share of the business he may leave the price of my share or so much thereof as he may desire in the business during the minority of my children or such shorter period as he may desire paying interest thereupon at the rate of six percent per annum.

Witness my hand at Saint John's aforesaid this 20th day of January Anno Domini one thousand nine hundred and thirteen. C. H. Miller

Signed, Published and Declared by the said Testator as and for his last will and Testament in the presence of us who at his request in his presence and in the presence of each other [all present at the same time] have hereunto subscribed our names as witnesses. W.E. Wood. Jany 20/13. Katherine Murphy.

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

(Listed in the margin next to this will the following)
Fiat
Mar 21/18
CJ
Probate
Mar 25/18
granted to
Elias G.
Gittleson
Estate
sworn at
$60,798.87

 

 

Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written by the court clerk, after the death of the testator, when the executor presented them to the court for probate. The court clerk didn't list the signatures at the bottom, he (or she) just put them in the book in whatever order they were in, on the original document, no spacing most of the time, no punctuation. The originals were kept by the executor.

We who have typed these wills, have made every effort to include all the errors that were on the microfilm, in order to avoid destroying the integrity of the originals, where ever they may be.

Page Contributed by Judy Benson, Alana Bennett, Wendy Weller and Eric Weller

REVISED: September 7, 2001 (Ivy Benoit)

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