Will of Moses Monroe
from Newfoundland will books volume 6 pages 224-230 probate year 1895

Last Will and Testament of
Moses Monroe of St. John's
Merchant deceased.

      I Moses Monroe of St. John's Newfoundland merchant do make publish and declare this as and for my last will and Testament.

First I nominate and appoint my brother in law John McNeil of St. John's Druggist my brother James Harvey Monroe of St. John's Merchant and my present partner in trade Robert Kirby Bishop of St. John's merchant as executors and Trustees of this my will and I do will and direct that wherever these parties or those who may under the powers hereinafter contained be nominated in their pace and stead have to exercise any discretionary powers or to do or omit any act matter or thing in performance or fulfilment of all or any of the trusts hereinafter mentioned and declared such discretionary powers may be exercised and such act matter or thing be done or omitted to be done save and except in deciding as to continuing my capital in the trade and business of the firm of M. Monroe as mentioned in the tenth section of this my will in which case the decision to continue the said capital in the said trade and business must be the unanimous decision of all the then executors and Trustees, otherwise the said capital shall not be continued in the said trade and business by any two of them as if all three had joined in the doing thereof and the assent or act of the third shall not be required to give validity to the exercise of such discretionary powers nor to the doing or omitting of any such act deed matter or thing -

Second I direct and will that all my just debts funeral and testamentary expenses shall be paid.

Third I give and bequeath to my executors the sum of one thousand pounds currency provided this sum does not exceed one fourth of the value of my estate remaining after payment of my debts and liabilities, and if this sum be greater than such one fourth then in lieu thereof I give and bequeath to them such sum as shall be equal to the said one fourth of my estate in trust to invest the same in such securities as they shall deem proper with power to them from time to time to call in and vary such securities in such manner as to them shall deem best and to pay the interest from time to time accruing on such securities to my brother John Monroe to be applied by him for the purposes directed in my letter affixed A. addressed to him and enclosed herein. The receipts of the said John Monroe for such payments to him shall be full discharges to my said executors who shall not be required to see to the application of the moneys so paid.

Fourth I give and bequeath to my executors the sum of one thousand pounds currency in trust to invest the same in some good interest bearing securities and to hold the said principal sum and the interest from time to time accrued due thereon in trust for the children of my brother William David Monroe in equal shares and proportions and upon the further trust to pay to each of such children when he or she shall have attained the age of twenty one years his or her share of such principal money and of any accumulated interest thereon the share of any child dying under such age without leaving issue him or her surviving shall become and be the property of the remaining children in equal shares and proportions and payable as hereinbefore mentioned.

Fifth I give and bequeath to my brother James Harvey Monroe all the shares I may possess at the time of my demise in the Colonial Cordage Company Limited on condition that he do to the satisfaction of the other executors and of my wife Jessie Gordon Monroe (born McMurdo) relieve my executors and my estate of and from any and all liability for or on account of any security upon or under which I am or may be or become in any way liable for or on account of the said company to my brother John Monroe.

Sixth I give and bequeath to my wife Jessie Gordon Monroe (born McMurdo) all my household furniture and effects pictures linen silver and all goods chattels and effects of every nature and kind in use in and about my dwelling house. Also all my horses carriages carts and sleighs and all harnesses furniture fittings and other matters and things appertaining to or used with my horses carriage carts and sleighs.

Seventh. In exercise of the right reserved to me in my agreement for a partnership in trade with the said Robert K. Bishop I do hereby direct and appoint that my wife Jessie Gordon Monroe (born McMurdo) shall if she thinks fit so to do have use and occupy that part of the dwelling house over the hardware shop of the said partnership trade situate in Water Street in St. John's now in my occupation and also the stables now used by me with all the rights and privileges secured to me and my appointee in and by the said agreement for a partnership.

Eight should my executors consider that my estate will justify them in so doing I desire that they will pay to such of my domestic servants and of the clerks in the employment of the said firm of M. Monroe as may at the time of my decease have been in my service or that of the said firm for over ten consecutive years a sum equal to a half years salary as legacy or bequest from me.

Ninth I give and bequeath to my wife Jessie Gordon Monroe (born McMurdo) all the rest residue and remainder of my estate and effects of every nature and kind whatsoever and wheresoever situate and without wishing in any way to interfere with her right to dispose of same as she pleases I would recommend and request that she shall make the best use of the means at her disposal towards securing her personal comfort during her life time and that she should dispose of the property devised to her by me in a manner consistent with my wishes which are known to her. -

Tenth In regard to my trade and business carried on in partnership with Robert K. Bishop under the style and firm of M. Monroe I will and direct that should the said Robert K. Bishop so desire his share therein shall in the event of the said trade and business being continued under the provisions hereinafter contained after the thirty first day of December next succeeding my decease his share and interest therein shall be as from that date increased to one half of the whole of the said business as it may then stand. I hereby authorize and empower my executors and trustees should they deem it prudent and unanimously decide so to do to continue my capital or so much thereof as may remain after the payment of my just debts and the legacies of this my will not hereinafter specially mentioned in the said trade and business in the same manner as I have done during my lifetime for the remainder of the term of my copartnership with the said Robert K. Bishop or such period short of the said term as my said executors and trustees shall by unanimous decision deem proper. Should they decide to continue the said business I desire that the credit and fishery supply portion thereof shall be curtailed as much as possible and as soon as may be considered consistent with a fair realization of stock and debts due to the firm and further that the said business shall be carried on under the present style and firm and the care and management of the said Robert K. Bishop and James H. Monroe but under and subject in all things to the control of my executors and trustees or of a majority of them, and to my desire for curtailment as expressed above and for his services as such manager I direct that the said James H. Monroe shall have and receive from and out of the shares of the profits of the said business from time to time payable to my estate the sum of two hundred and fifty pounds currency per year as salary or compensation for such services. As regards the third fourth and ninth bequests of this my will and each of them I will and direct that if my executors and trustees decide to continue the said trade and business the amounts specified in these bequests and each of them shall not be withdrawn from the said trade and business but shall remain invested therein and shall not be paid or payable until my executors and trustees shall have wound up and closed the affairs of the said trade and business but I will and direct that the legatee named in each of the said bequests shall as from the thirty first day of December next succeeding my decease until the payment off of the said legacies be paid interest upon the said legacies from and out of the shares of the profits of the said trade and business which may from time to time be payable to my estate at and after the rate of five per cent per annum such interest to be paid and payable at the end of each year of the said trade and business or so soon thereafter as possible and I direct that such interest shall in the case of the third and fourth bequests be paid and applied by the respective legatees in the said bequests named to and for the trusts intents and purposes in the said bequests respectively named and in the case of the ninth bequest to be paid to my wife Jessie Gordon Monroe (born McMurdo) if she demands it for her own use and benefit otherwise the said remainder of shares of profits and the said interest on the ninth bequest shall remain in the said trade and business or be otherwise invested as my executors and trustees shall be unanimous decision to be arrived at within a reasonable time after the close of each year's business resolve. Before deciding to continue my said capital in the said trade and business I will and direct that my executors and trustees shall take all such precautions and proceedings as may be necessary to save harmless the private or separate estate of my said wife Jessie Gordon Monroe (born McMurdo) of and from all liability or responsibility to or for the said trade and business or any matter or thing connected therewith and that if this cannot be done they shall not continue the said trade and business after the thirty first day of December next succeeding my demise.

Eleventh. Should any one or more of my said executors renounce his office and duty as such executor or refuse or neglect to join with the other or others of them in taking probate of this my will he or they shall by so doing cease to be a trustee or trustees under this my will and I do hereby authorize and empower my said wife Jessie Gordon Monroe (born McMurdo) by any writing under her hand to nominate and appoint a Trustee or Trustees of this my will in the place and stead of the executor or executors so renouncing or refusing or neglecting to join in taking probate and the trustee or trustees so appointed shall have and exercise all and the like power privileges and authorities as if he was or they were herein named and appointed as such Trustee or Trustees.

Twelfth should any trustee or trustees herein named and appointed as such or any trustee named and appointed by my wife Jessie Gordon Monroe (born McMurdo) under the power herein given to her die be released or or discharged from his or their office and duty as Trustee or be desirous of being released from such office and duty or be declared insolvent or be unwilling or incapable of acting as such Trustee or Trustees or be resident out of this colony for a longer period then twelve months at a time then and in such case and as often as such case shall occur I hereby authorize and empower my said wife Jessie Gordon Monroe (born McMurdo) by any writing under her hand to nominate and appoint a trustee or trustees of this my will in the place of the trustee or trustees so dying released or discharged or desirous of being released declared insolvent unwilling or incapable of acting or resident out of this colony for the said time and the Trustee or trustees so appointed shall have and exercise all and the like powers and privileges and authorities as if he or they were herein named and appointed as such trustee or trustees.

Thirteenth. I enclose herein a letter addressed to my wife Jessie Gordon Monroe (born McMurdo) which I direct my said executors to deliver to her immediately after the opening of this my will.

Fourteenth. I do hereby revoke annul and declare void all wills by me heretofore made. Witness my hand to this my will written on two sheets of paper at the foot or end of each page of which I have signed my name at St. John's this sixteenth day of July A.D. 1887 - (sgd) Moses Monroe - Signed by the said Moses Monroe in our presence who in his presence at his request and in the presence of each other have hereto set our names as witnesses on the day and year above written. (Sgd) Robert J. Kent - (sgd) John P. Kent.

Codicil -

This is a codicil to my last will and Testament made on the 16^th day of July A.D. 1887. Instead of the executors and Trustees named and appointed in and by the said will I hereby nominate and appoint my brother in law John McNeil, my friend the Honorable James S. Pitts and my nephew Walter Monroe executors and Trustees of my said will with all and singular the powers and duties conferred and imposed by the said will upon the executors therein named. With respect to the bequest in the said will of the sum of one thousand pounds to the children of my brother William David Monroe I desire that instead of the said bequest the said sum of one thousand pounds shall go to my wife Jessie Monroe in trust to be held and applied by her at her discretion either to the use and benefit or to her own sole use and benefit should she not otherwise be sufficiently provided for. In all other respects I confirm the said will Dated at St. John's this 18^th day of May A.D. 1895. (Sgd) M. Monroe. Witnesses (sgd) Jno. McNeil (sgd) A.B. Morine.

      I certify the foregoing to be a correct copy of the last will and Testament and codicil of Moses Monroe deceased

Registrar

(Listed in the margin next to this will the following)
Fiat
J. S. Winter
J.
Probate
granted to
Jno McNeil
Walter Monroe
& The Hon Jas S
Pitts the Exors
Dated
Aug 6: 1895
Estate
sworn under
$10,500.00