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A Collection of Newfoundland Wills
(P)
James S. Pitts

 

Will of James Steward Pitts
from Newfoundland will books volume 10 pages 190 to 196 probate year 1914.

In re
     James S. Pitts       deceased.

This is the Last will and Testament of me James Steward Pitts of St. John's in the Island of Newfoundland. Merchant.

  1. I revoke all former wills.
  2. I bequeath to my wife my household goods furniture plate pictures works of art musical instruments and all other household and personal effects of all kinds and descriptions (save as hereinafter specifically excepted) and all horses carriages sleighs harness and implements for her sole and absolute use and behoof.
  3. I bequeath the lands with the houses thereon and the appurtenances known as "Sutherland Place" and all the rents issues and profit thereof to my wife for her life with the desire that she shall continue to live in that one of the said houses now occupied by me, before(?) the death of my wife the said lands houses and appurtenances shall fall into the residue of my estate and be dealt with accordingly.
  4. I bequeath all the land situated on Water Street, St. John's, together with the building thereon known as the "Pitts Building" and now in part occupied by Ayre and Sons Limited, and in part by myself as offices, together with the small yard in the rear of my said offices and the rents issues and profits thereof unto my wife for her life. Upon the death of my said wife I bequeath the same unto the Newfoundland Conference of the Methodist Church to be held for ever as an investment upon trust to apply the net annual rents issues and profits thereof as follows. Namely :-
    to the Sustentation Fund of the Methodist Church the sum of one thousand dollars per annum
    to the Augmentation Fund of the Methodist Church the sum of one thousand dollars per annum
    and the balance or remainder of the said annual rents issues and profits to the governance of the Methodist College in St. John's for the support and maintenance of that Institution.
    The remaining or waterside portion of my said land on Water Street to the rear of the said "Pitts Building" and the stores wharves and erections thereon and the right of access thereto from Water Street I direct to be sold or leased by my executors in their discretion and the rents issues profits and annual income arising therefrom to be paid to my wife during her lifetime. After the death of my wife the same shall fall into the residue of my estate and be dealt with accordingly.
  5. I bequeath to Mary MacKay, niece of my wife and my own familiar companion the sum of Five Thousand Dollars. I bequeath to my executors one hundred and fifty shares in the Bank of Nova Scotia upon trust to hold the same and to pay the annual income arising therefrom to the said Mary MacKay for her sole and absolute use during her lifetime and after her death to pay and hand over the said one hundred and fifty shares to her executors or administrators.
  6. I bequeath to Helen MacKay, sister of the said Mary MacKay, the sum of Two Thousand Dollars.
  7. I bequeath to Annie MacKay and Isabella MacKay sisters of the said Mary MacKay the sum of Two Thousand Dollars each.
  8. I bequeath to my niece Ethel Dickinson the sum of Two Thousand Dollars
  9. I bequeath to my nephew Arthur Syme, son of my sister Fanny C. Syme, the sum of Five Thousand Dollars.
  10. I bequeath to my cousin Ann Lewis the sum of Eight Hundred Dollars.
  11. I bequeath to Fanny Pratt, widow of the late Rev. John Pratt, the sum of Eight Hundred Dollars.
  12. I bequeath to James P. Parsons and William B. Fraser my employees the sum of Two Thousand dollars each conditioned upon their being in my service at the time of my death, and conditioned also upon their consenting to remain in the service and pay of my executors for as long a time as my executors shall require them to assist in the winding up of my mercantile business.
  13. I bequeath to James Kennedy and Thomas Kennedy, my former employees, the sum of Five Hundred Dollars each.
  14. I bequeath to the Trustees of Cochrane Street Methodist Church the sum of Ten Thousand Dollars to be invested by them in order that the annual income thereof may be applied to the general purposes of said church.
  15. I bequeath to the Supernumerary Fund of the Eastern Conference of the Methodist Church the sum of Five Thousand Dollars.
  16. I bequeath to the widow of my late brother George Pitts an annuity of Two Hundred Pounds sterling (£200.00) to be paid to her out of my estate so long as she lives or remains unmarried before her death or remarriage I bequeath to her son, my nephew, George Stewart Pitts, the sum of Four Thousand Pounds sterling. Should my said nephew not be living at the time of the death of his mother, then the said sum of Four Thousand Pounds shall be held by my executors in trust to pay the annual income thereof to the children of the said George Stuart Pitts during their minority and to pay his proportion of the said principal sum of Four Thousand Pounds to each of such children upon his or her attaining majority. Should the said George Stuart Pitts predecease his mother and leave no children surviving at the time of the death of his mother the said sum of Four Thousand Pounds shall fall into the residue of my estate and be dealt with accordingly.
  17. I direct that any bills contracted at my request which shall be certified by Mr. Arthur Mews or the Trustees of Cochrane Street Methodist Church as having been expended in connection with the organ presented by me to said Church be paid by my executors.
  18. I bequeath my gold calendar watch and the chain thereto attached to my nephew James S. Ayre. I bequeath my other gold watch to my nephew Eric Ayre.
  19. I direct that my cousin Herbert E. Knight shall have the right of purchasing from my executors at the price of five hundred dollars my one third share or interest in the land and premises in the south side of St. John's which stand registered in the Registry of Deeds in the name of Stephen H. Knight.
  20. I desire that after my death my mercantile business be wound up to the best advantage and with as little delay as possible.
  21. I direct that after making provision for all the bequests and directions of this my will the whole of my remaining estate shall be realized and invested in sound and good securities and that the annual interest and income arising therefrom shall go to and be paid to my wife during her life.
  22. Upon the death of my wife I direct that the following bequests be paid. Namely: -
    To the governors of the Methodist College in st. John's the sum of Twenty Thousand Dollars to be applied by them for the benefit and interests of that Institution in such manner as to them shall seem best.
    To the Sustentation Fund of the Methodist Church in Newfoundland the sum of Five thousand Dollars.
    To the Augmentation Fund of the Methodist Church in Newfoundland the sum of Five Thousand Dollars.
    To the Methodist Orphanage in St. John's the sum of Two Thousand Dollars.
    To the Church of England Orphanage in st. John's the sum of Two Thousand Dollars.
    To the Roman Catholic Orphanage at Belvedere in St. John's the sum of Two Thousand Dollars.
    To the Salvation Army for us in its Rescue Work in Newfoundland the sum of Two Thousand Dollars.
    To Mount Allison University in New Brunswick the sum of Five Thousand Dollars.
  23. Upon the death of my wife I make the following bequests, namely: -
    I leave the service of plate presented to me by the Commercial Bank to my nephew James S. Ayre.
    I leave the service of plate presented to me by Furness Withy and Company Limited, to my nephew Eric Ayre
    I leave the main centre piece of my silver candelabrum, together with the chest in which it is kept to my sister Gertrude Ayre.
    I leave one small centre piece belonging to the same candelabrum to my nephew Henry Dickinson.
    I leave the other small centre piece belonging to the same to my nephew Gerald Ayre.
    I leave one candelabrum of the same set to my nephew Harold Ayre and the other to my niece Marjorie Ayre.
    I leave the silver cigar case presented to me by the Electric Light Company to my nephew George Stuart Pitts.
    I leave my other silver cigar case or box to my nephew Harold Pitts.
    I leave the large oil portrait of myself to the Methodist College.
    I leave the oil paintings of my grandfather and grandmother to my cousin Herbert E. Knight.
    I leave the pictures of my father and my mother to my nephew James S. Ayre.
    I leave the large presentation picture of Quebec to my niece Ethel Dickinson.
    I leave the enlarged photograph of my grandfather to my niece Violet Dickinson.
    I leave my decoration of St. Michael and St. George (provided I have power so to do) together with the small replica of the same to my nephew George Stuart Pitts.
  24. I direct that the residue of my estate after the death of my wife and after providing for the foregoing and all other legacies and bequests shall go to and be divided among the following my nephews and nieces or in the event of any of them having died before the death of my wife then to such as shall survive her in equal portions share and share alike to each namely James S. Ayre Harold Ayre. Gerald Ayre. Arthur Ayre. Ruby Ayre. Marjorie Ayre and Dora Ayre (children of my sister Mary Julia Ayre) Henry Dickinson. Ethel Dickinson. Violet Dickinson and Trixie Dickinson (children of my sister Selina Dickinson / George Stuart Pitts and Harold Pitts (children of my brother George Pitts) and Arthur Syme (son of my sister Fanny C. Pitts). Charles Ayre (son of my sister Mary Julia Ayre) and Eric Ayre and Bernard Ayre (sons of my sister Lydia Gertrude Ayre).
  25. I direct that my executors hereinafter named may in investing re-investing or changing investments under this my will invest not merely in the securities authorized under the Trustees Act but in all such securities as at the time of such investing re-investing or changing of investment are regarded as being sound and desirable securities for a business man to invest in or are regarded as being of a similar or approximately a similar character to securities which I held at the time of my death, and whether such securities be issued within or without Newfoundland. And I declare that nothing herein contained shall be construed as commanding any investment or change of investment by my executors, but that in investing reinvesting or changing investments my executors shall be at liberty to exercise their discretion and they shall not be held accountable for any losses incurred by their retaining, making or changing any investments unless the same be chargeable to the wilful default of my said executors.
  26. I appoint my wife and The Eastern Trust Company executrix and executor of this my will.

Dated at St. John's, Newfoundland this 13th day of December A.D. 1913 - James S. Pitts - 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 - Eric Scott Parsons.   Sophie Jones

Certified correct.

(Listed in the margin next to this will the following)
Fiat
March 11/14
C.J.
Probate
Mar 11/14
granted to Mary Pitts
& The Eastern
Trust Co.
Estate
sworn at
$867,406.00

 

 

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 (December 20, 2002)

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