Will of John Arthur Paddon from Newfoundland will books volume 14 pages 290-292
probate year 1928.
This will did not contain an item 3. It went from item
2 to item 4.
In re DECEASED.
JOHN ARTHUR PADDON.
This is the last will of me John Arthur Paddon ordinarily domiciled in the
City of Montreal in the Province of Quebec in the Dominion of Canada, but at
present of St. John's, Newfoundland, Bank Manager.
- I revoke all wills and testamentary dispositions heretofore made by me.
- I appoint my wife Frances Helena Paddon and The Royal Trust Co at Montreal,
Canada, executors hereof
I give, devise and bequeath all estate and
effects of whatsoever kind I shall die possessed of to my executors upon trust
for the following purposes:-
(a) To pay my lawful debts and funeral
and testamentary expenses, including Death and Succession Duties.
To hold the balance after payment as above for the absolute use and benefit
of my said wife, with power to her in her discretion to dispose of same in
whatever manner she sees fit during her lifetime or by will after her death.
- There was no number 3 item contained in this will
- In the event of my said wife failing to survive me, or so surviving me failing
to dispose of my said estate or any part thereof either during her lifetime
or by will as aforesaid, it is my will and desire my remaining executor shall
deal with my estate or so much thereof not disposed of by me said wife in the
- To pay to my son Gerald Montague Paddon, if he be then living, so much
of my estate, but not exceeding the sum of Ten thousand dollars ($10.000) as
is available for that purpose.
- To divide the balance, if any, in two equal shares, one of such shares
to be paid to my said son Gerald Montague Paddon, if living, and the other
share to be held upon trust for the benefit of my two grandchildren, the children
of my deceased son Arthur Follett Paddon late of Vancouver, British Columbia,
during their respective minorities, and upon the elder of my two grandchildren
attaining the full age of twenty one years to pay to said grandchild one half
of the said share and to pay the other half to the other of my said grandchildren
upon reaching the age of twenty one years.
Should either of said children die before reaching the age of twenty one years
the whole of the said share shall be payable to the survivor upon attaining
said full age of twenty one years. Should neither of my said grandchildren
live to attain the full age of twenty one years the said share shall, upon
the death of the last surviving of the said grandchildren, be payable, be payable
to my said son Gerald Montague Paddon.
- In the event of the death of my said son Gerald Montague Paddon before
that of my wife and in the event of my said estate or any part thereof not
having been disposed of by my said wife, it is my will and desire that my remaining
executor shall divide my estate or so much thereof as has been undisposed of
by my wife as aforesaid into two equal parts and to hold one part upon trust
for my two grandchildren, the children of my deceased son Arthur Follett Paddon,
and to hold the other part in trust for my grandchildren, the children of my
son Gerald Montague Paddon, during their respective minorities of my said grandchildren.
The ultimate payment and distribution to both sets of grandchildren upon their
respectively attaining the said age of twenty one years shall be made in the
same manner and upon the said basis as that above provided for in sub-paragraph
(II) herein in the case of the grandchildren of my deceased son Arthur Follett
- During the minority of my said grandchildren, the children of my said deceased
son Arthur Follett Paddon, I will and direct that my remaining executor shall
pay over the net income arising from the share herein bequeathed to the said
grandchildren for the proper maintenance, education and advancement of my said
grandchildren or either of them and whilst the mother of my said grandchildren
is living and unmarried and competent to care for the said grandchildren or
the survivor of them during their minority I desire that my remaining executor
shall pay said income to her for the purpose of maintenance, education and
advancement of my said grandchildren and each of them and she shall be at liberty
to utilize part of same towards her own maintenance.
- Notwithstanding anything hereinbefore provided, if my said grandchildren,
children of my deceased son Arthur Follett Paddon, or either of them cannot
in the opinion of my remaining executor be suitable maintained, educated or
advanced as aforesaid out of net income, then my remaining executor shall be
at liberty to resort to the corpus of the said share then held by my said executor
in trust for my said grandchildren or either of them and apply so much of the
said corpus and from time to time as my remaining executor in its discretion
thinks necessary for such purposes.
- My executors are to be at liberty to retain any or all of the investments
that I may die possessed of or may from time to time vary such investments
and acquire new investments and they shall not be held liable to account for
any loss or damage to my estate by reason of the retaining, varying or acquiring
any investment made bona fide and in the exercise of the discretion herein
- I request my executors, if they can lawfully do so, to apply for and obtain
probate of this my will and to manage my estate at and from the City of Montreal
aforesaid, where I hope to die but whether I die there or not.
IN WITNESS WHEREOF I have set my hand to this my will
at St. John's aforesaid this 12th day of October in the year of our Lord one
thousand nine hundred and twenty seven.
(Signed) John Arthur Paddon.
J. A. Paddon.
Signed by the testator John Arthur Paddon 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.
(Signed) William R. Howley.
of St John's Nfld
(Signed) Laura M. Manning
of St. John's Nfld
William F. Lloyd
Registrar of the Supreme Court of Newfoundland
(Listed in the margin next to this will the following)
July 13th 1928
J. M. Kent
on the 16th day
of August A.D. 1928
Value of Estate