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A Collection of Newfoundland Wills
(M)
Thomas Moulton

 

 

Will of Thomas Moulton
from Newfoundland will books volume 11 pages 544 & 545 probate year 1920

In re Thomas Moulton       deceased

This is the last will and Testament of me Thomas Moulton of Burgeo, Newfoundland.

  • I hereby revoke all other wills and testamentary dispositions at any time, by me, heretofore made
  • I direct my executors, hereinafter named to pay all my just debts and personal expenses, testamentary or otherwise.
  • I give and devise to my three sons, George Robert, Albert Edgar, and Lewis and their respective heirs the goodwill, stock in trade, book debts and all houses, buildings or other property connected with the business now carried on by me at Burgeo, Rose Blanche and North Sydney, subject to the provisions hereinafter by me made
  • I direct that out of the income arising from said business, by way of profits or rents, the sum of seventy five dollars [$75.00] be paid to my sister Sarah Jane Moulton, annually, for her maintenance and support during her lifetime.
  • Also the sum of two hundred and fifty dollars [$250.00] to my daughters, Maude, Mary, Agnes, Lydia, Selia Marion and Rita Moulton, each annually for their maintenance and support during the lifetime of said daughters, or until they marry whichever shall sooner happen. On the marriage of my daughters above named, the sum of one thousand dollars [$1000.00] each shall be paid to them, and the annual payment cease.
  • To my daughter Clarinda E. Mercer - or her heirs, I bequeath the sum of one thousand dollars [$1000.00]
  • To my wife I bequeath the sum of four hundred dollars annually for her maintenence. and support during her lifetime, or until she remarries - whichever shall sooner happen.
  • I give and bequeath to my son Lewis the homestead and all household furniture, or other personal property therein for life, and I direct that my wife - shouls she wish to - shall reside in said homestead whils she remains unmarried. Also that my daughters while the remain unmarried, shall reside in said homestead, or until such time as they are provided with another home I direct that my son Albert Edgar look after my wife and daughters, while unmarried, until my son Lewis comes of age, when that duty will devolve on him. But in the event of the death of my son Lewis, Albert Edgar must assume that duty again or in the event of his death also, my son George Robert must look after them.
  • I direct that the business now carried on by me under the firm name of T Moulton, be carried on after my decease under the name of T Moulton & Sons, my son George Robert being manager. In the event of his death Albert Edgar. There must be no division of the property, stock or business generally, without the mutual consent of my three sons above named. If at any time one of my sons wish to leave Burgeo and reside elsewhere, he will still hold his share in, and receive his share of profits from the business - provided that in the meantime, he has not severed his connection with the business and received, by mutual consent of the three shareholders, a lump sum for his share of the business.
    In the event of a division of the property and business by the mutual consent of my three sons, the division must be general, and each of my childremn - sons and daughters, married or unmarried, and my wife - being unmarried shall share and share alike. But whatever happens provision must first be made from the estate to provide annually, for my sister Sarah Jane, the sum of seventy five [$75.00] for life.
  • I direct that in the event of the business, or estate generally, losing year after year, by adverse circumstances which may happen, and may not be avoided, it must not be allowed to reduce below the value - at cost - of thirty thousand dollars [$30,000.00] exclusive of the three dwelling houses, outhouses and land pertaining to each, situated at Burgeo, which I bequeath to my three sons, Geo. Robt, Albert Edgar and Lewis respectively.
  • The residue of the estate and business generally to be realized and proceeds divided equally among my wife and children - my wife being unmarried. In case of the death of either of my sons or daughters and leaving children, said children shall receive the parents share.
  • I give and devise all the rest and residue of my real and personal property to my said three sons, subject to provisions herebefore made, share and share alike.
  • I hereby appoint my nephew John T. Moulton, and my son George Robert Moulton, to be the Executors of this my will.

In witness whereof I have hereto set my hand and affixed my seal, this seventeenth day of May A.D. 1909 T Moulton
Signed, Sealed, Published declared by the Testator in the presence of us, who, in his presence, and in the presence of each other - all being present at the same time, did subscribe our names hereto, as witnesses W.T. Henderson     Walter Pinel

Correct William F. Lloyd
Registrar of the Supreme Court of Newfoundland.

(Listed in the margin next to this will the following)
Fiat Nov. 23/20
Kent J.
Probate granted
to George R. Moulton
and John T. Moulton
Nov. 26/20
Estate sworn
at $84,088.48

 

 

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, Wendy Weller and Ivy Benoit

REVISED BY: Ivy F. Benoit April 26, 2002

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