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A Collection of Newfoundland Wills
(P)
John Paul

 

Will of John Paul
from Newfoundland will books volume 8 pages 1 to 6 probate year 1906.

In re the Estate of
     John Paul       deceased.

This is the last will and Testament of me John Paul of Number 109 Victoria Grove Bridport in the county of Dorset Gentleman I appoint Arthur Folliott Pearce of East Street Bridport aforesaid Bank Manager and Arthur Waldie Temple of east Street Bridport aforesaid solicitor (hereinafter called "my Trustees") to be the Executors and Trustees of this my will and I give to them the sum of fifty pounds each for their trouble in acting as such executors and Trustees
I give the following annuities namely an annuity of Ten pounds to my sister Jane Old wife of William Old of Bridport aforesaid during her life and an annuity of ten pounds to my sister Helen Hounsell of Number 8 Gloucester Terrace Weymouth in the county of Dorset aforesaid widow of David Hounsell during her life and I direct that the said several annuities shall be paid half yearly the first payment to be made at the expiration of six Calendar months after my decease And I direct my Trustees to deposit in the Devon and Cornwall Bank at Bridport such a sum of money as will when deposited produce by the income thereof an annual sum equal to the amount of the annuities or annuity for the time being payable under this my will and to apply the income or (if necessary) the corpus of the fund so appropriated in payment of the said annuities or annuity which fund shall on the dropping of the respective annuities be paid to my Grand Daughter the second Daughter of Reuben Parsons of St. Pierre and as each annuity ceases I authorise my Trustees to pay to my said Grand Daughter a corresponding part of the said appropriated fund retaining only such part thereof as at the time of such transfer will be sufficient to produce by the income thereof an annual sum equal to the then subsisting annuity or annuities
And I declare that all the Legacies and annuities in this my will shall be free from Legacy or other duties and that all legacies and annuities given to married women shall be for their respective separate use
I give the sum of Eighty pounds to the Reverend John Hewitt of Burin Incumbent of Trinity Church or his Successor or successors in the Incumbency of the said church to be expended by him or them at his or their uncontrolled discretion for the benefit of the said church
I give devise and bequeath all and singular my land Dwelling house and premises situate at St. Pierre aforesaid now in the occupation of the said Reuben Parsons to my Grandson John Paul Parsons
I give my fifty shares in the Newfoundland Boot and shoe Manufacturing Company Limited including all arrears of interest thereon (if any) to Gertrude Alma Parsons of St. Pierre aforesaid daughter of the said Reuben Parsons
I give devise and bequeath my land Dwelling house and premises situate and being number 109 Victoria Grove Bridport aforesaid and all my plate jewels trinkets linen china glass books pictures prints wines liquor furniture and other household effects and also the sum of seven hundred pounds to my niece Ellen Elizabeth Welch
I give devise and bequeath to William John Paul and Sydney C. Hussey both of Burin Newfoundland trading under the Firm of William Paul and Company all and singular my lands and premises situate at Burin aforesaid and heretofore occupied by me and which are now occupied by the said William John Paul and Sydney C. Hussey together with my two Schooners namely the "Two Brothers" and the "Estelle" and which are now used by them in their said trade to hold the same in equal shares as tenants in common I give devise and bequeath to the said Reuben Parsons all and whatsoever interest I may have at the time of my death in and to a certain deed of mortgage of Stock in trade household furniture and Leasehold interest in premises at Water Street St. John's made between Simeon H. Parsons and myself and dated the eighth day of January one thousand eight hundred and ninety eight Provided always that if any Grandchild of mine shall die in my lifetime leaving a child or children who shall survive me and attain the age of twenty one years or marry under that age then and in every such case the last mentioned child or children shall take and if more than one equally between them the legacy bequeest or share which his her or their parent would have taken under this my will if such parent had survived me and attained the age of twenty one years and I declare that my Trustees may at their own discretion raise any part or parts not exceeding together one moiety of the vested or presumptive share or interest of any Grandchild or Great grandchild of mine under this my will and apply the same for his or her advancement preferment or benefit as my Trustees shall think fit and I declare that if any of the Legacies hereinbefore bequeathed shall fail & become absolutely vested in any person or persons under this my will every such Legacy and the accumulations thereof and the investments representing the same or such part thereof as shall not have been applied for the advancement of any infant presumptively entitled thereto as aforesaid shall fall into and form part of my residuary estate
I devise and bequeath all my real and personal estate not hereby otherwise disposed of unto my Trustees Upon trust that my Trustees shall sell call in and convert into money the same or such part thereof as shall not consist of money and shall with and out of the moneys produced by such sale calling in and conversion and with and out of my ready money pay my funeral and testamentary expenses and debts and the Legacies bequeathed by this my will or any Codicil hereto and invest the residue of the said moneys with power for my Trustees from time to time to vary such investments and shall stand possessed of the said residuary trust moneys and the investments for the time being representing the same (hereinafter called the residuary trust funds) In trust for the said William John Paul and Sydney C. Hussey in equal shares And I also declare that my Trustees may postpone the sale and conversion of any part of my real and personal estate for as long as they shall think fit and that the rents profits and income to accrue from and after my decease of and from such part of my estate as shall for the time being remain unsold and unconverted shall after payment thereout of all incidental expenses and outgoings be paid and applied to the person or persons and in the manner to whom and in which the income of the proceeds of such sale and conversion would for the time being be payable or applicable under this my will if such sale and conversion had been actually made and I also declare that as regards any real or Leasehold property remaining unsold my Trustees shall be at liberty to let or devise the same either from year to year or for any period of years at such rent and subject to such covenants and conditions as they shall think fit to accept surrenders of leases and Tenancies to cut timber to expend money in repairs and improvements and generally to manage the property according to their absolute discretion.
And I also declare that all moneys liable to be invested under this my will may be invested in any stocks funds or securities authorised by law for trust funds or in the purchase of inscribed stock of any British colony or on mortgage of any Leasehold houses or lands in England or Wales held for any term having sixty years to run at the time of the investment
And I also declare that the executors and Trustees for the time being of this my will may instead of acting personally employ and pay a solicitor or other person to transact any business or do any act required to be done in connection with the administration of my estate or the trusts hereby declared including the receipt and payment of money and that any executor or Trustee engaged in any profession or business may be as employed and shall be entitled to charge and be paid all professional or other charges for any business or act done by him or his firm in connection with the trust including any act which an executor or Trustee not engaged as aforesaid could have done personally
In witness whereof I have set my hand to this my will contained on four sheets of paper the Twentieth day of November one thousand nine hundred and three John Paul
signed by the above named John Paul as his last will in the presence of us both being present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as witnesses
H. Welsh of 52 Victoria Grove Bridport clerk
T Jullian of 17 Victoria Grove Bridport Sergt Major R.G.A.

I certify the foregoing to be a correct copy of the last will and testament of John Paul
D. M. Browning

Registrar

(Listed in the margin next to this will the following)
Fiat
Nov. 27/05
Chief Justice
 
Resealed
March 26th
A.D. 1906.
 
$10.201.86

 

 

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 and Ivy F. Benoit

Page Revised by Ivy F. Benoit (November 4, 2002)

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