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A Collection of Newfoundland Wills
(O)
James J. O'Brien
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Will of James J. O'Brien
from Newfoundland will books volume 13 pages
168-170 probate year 1925
In re JAMES J. O’BRIEN. DECEASED.
This is the last will and testament of me, James J. O’Brien of
St. John’s in the Island of Newfoundland, gentleman:-
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I revoke all former wills and testamentary dispositions.
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I appoint my son, Michael J. O’Brien and The Eastern Trust Company
executors and trustees of this my will.
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I direct that my executors and trustees shall pay my lawful
debts and all my funeral and testamentary expenses and all
death and succession duties out of my estate before proceeding to any
distribution thereof.
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I bequeath to my sister Mary Lash of Witless Bay the sum
of Five Hundred Dollars free of all death legacy or succession
duties.
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I bequeath to the Reverend Monsigneur Mcdermott of
the Roman Catholic Cathedral in St. John’s the sum of One Hundred
Dollars free of all death legacy and succession duties.
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I bequeath to my niece Ellen hartwell the sum of One Hundred
Dollars free of all death legacy and succession duties.
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I bequeath the sum of Two Hundred Dollars for the celebration
of Masses for the repose of my soul, and I direct that my executors
and trustees shall distribute this sum, free of all death legacy
and succession duties in such manner as they shall think fit.
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I direct that my executors and trustees shall out of my
estate provide a sum of Five Thousand Dollars free of all death
legacy and succession duties and invest the same and hold the
same in trust to accumulate until my son John O’Brien shall attain the age of fifty five years and
to pay thereout and out of the income and principal thereof during the
lifetime of my said son after he has attained the said age of fifty five
years the clear sum of five dollars per week towards his board and maintenance.
This sum shall be paid to my said son John only while he continues to
conduct himself in a sober and becoming manner.
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I will and direct that my grandchildren, whether they be
born before or after my death shall be educated at Roman
Catholic Colleges and convents in St. John’s, and I direct
that my executors and trustees shall be charged with the duty of
seeing that this direction is carried out. The said education of
my said grandchildren shall be paid for out of my estate. And I further
will and direct that should any of my grandchildren decide to study
for the Roman Catholic priesthood or for the medical profession outside
of this country the cost of their education for the priesthood or
for the medical profession shall be discharged out of my estate.
And I direct that on a distribution of the residue of my estate among
my grandchildren as hereinafter provided the cost of the education
of each of my said grandchildren paid out of my estate as
aforesaid shall be deducted from his or her share of the said residue
of my estate. But should the cost of the education of any one or
more of my said grandchildren be more that his or share of the said
residue of my estate, I desire that it be made clear that he or she
shall not be required to restore to my estate any portion of the
said sum expended on his or her education.
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All the rest residue and remainder of my estate I bequeath
to my executors and trustees in trust to hold the same until
the youngest of my grandchildren shall attain the age of twenty
one years and then to distribute the same equally among my
said grandchildren then surviving, whether any of the said
grandchildren shall be born after my death or not. And this
distribution shall be made after taking into account all expenditures
upon the education of my said grandchildren as provided in
the last preceding paragraph of this my will. Should any of
my grandchildren desire to engage in mercantile business after
he or she has attained the age of twenty five years and before
the time for a distribution of the residue of my estate has
arrived, my executors and trustees, after having satisfied
themselves that the said grandchild or grandchildren is or
are competent to engage in such business may make as advance
or advances to such grandchild or grandchildren for that purpose
of not more than the estimated share to which the said grandchild
or grandchildren would be entitled upon a distribution of the
residue of my estate, and upon a distribution of the said residue
of my estate the said advance or advances shall be deducted
from the share coming to such grandchild or grandchildren.
And in the event of any of such grandchildren dying before
the youngest of my grandchildren shall attain the age of twenty
one years, leaving no issue, the advance or advances so made
shall not be claimed back in whole or in part from the estate
of any grandchild so dying without issue.
-
In distributing the residue of my estate children of a
grandchild dying before the youngest of my grandchildren shall
have attained the age of twenty one years shall take their
deceased parents share.
-
My executors and trustees shall in the exercise of their
unquestioned discretion be at liberty to hold any or all
investments belonging to my estate at the time of my death and to change
the same from time to time and to reinvest the same without
being responsible for any loss occasioned thereby.
Dated at St. John’s in the Island of Newfoundland this 29th day
of July Anno Domini One thousand nine hundred and twenty four.
JAMES
J. O’BRIEN.
Signed published and declared by the said Testator as and for his
last Will and Testament in our presence who in his presence and
at his request and in the presence of each other have hereunto
subscribed our names as witnesses.
Mollie E. Leahey.
W.
A. Tucker.
CORRECT.
William F. Lloyd
Registrar of the Supreme Court of Newfoundland.
(Listed in the margin next to this will the following)
Fiat July 13/25
Horwood C J.
Probate granted
to Michael J.
O’Brien and
The Eastern
Trust Co.
July 13/25
Estate sworn
at $62,078.60
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Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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