Will of Harry Duff Reid from Newfoundland will books volume 15 page 54-58 probate year 1929

In re            DECEASED.
HARRY DUFF REID.

THIS IS THE LAST WILL AND TESTAMENT OF ME, HARRY DUFF REID, of st. John's, in the island of Newfoundland, and, presently, of Montreal in the Province of Quebec.

FIRST - I direct that all my just debts, funeral and testamentary expenses and any and all duties, due and payable to any government or governments, in the virtue of succession duty laws, be paid out of the rest, residue and remainder of my estate, and not out of the share or shares of any of my legatees;

SECOND - I direct my executors and trustees to pay to my wife, MARIE MARCELLE REID, the sum of twenty-five thousand ^dollars, ($25,000.00), in payment of the gift stipulated in paragraph SEVENTH, of the ante-nuptial contract, made and entered into between my said wife and me, on the fourth day of June, Nineteen hundred and nineteen, in the City of Montreal, before Norval Dickson, Notary Public, unless any sum on account thereof shall have been paid by me to her, prior to the date of my death, in which event my said executors and trustees shall pay to her the balance remaining due of the said sum of twenty-five thousand dollars, $25,000.00). (The present stipulation is merely in confirmation of the terms of the said paragraph SEVENTH, of the above-mentioned ante-nuptial contract, and is not to be construed as an additional gift under this my will);

THIRD - I will, give and bequeath unto my said wife, an income of SIX THOUSAND DOLLARS, ($6,000.00) per year, payable until the date of her death or remarriage, whichever shall first occur, but such income shall commence only after the lapse of four years from the date of my decease, and the payment of the said income shall, in any event, be contingent upon the provisions which follow in the present clause THIRD.

The said sum of six thousand dollars shall be paid in equal quarterly instalments each year, the first quarterly instalment, that is, fifteen hundred dollars, to be paid four years and three months after the date of my death, and, thereafter, every three months. (The present gift and instalments thereof will not bear interest) Nevertheless, my wife shall be entitled to and shall be paid the said income, (after the expiration of the said four years), only in and for each and every year during which at least one of the following conditions shall prevail, namely:
(a) Such year during which the shares of stock, - if any then remain unsold or untransferred, - of the said Newfoundland Company, (of which stock I am at present the owner of about thirty-eight thousand shares of a par value of ONE HUNDRED DOLLARS each), pay and produce a dividend amounting to, at least, one percent upon the par value;
(b) Each year during which the total assets of my estate produce a revenue of forty thousand dollars ($40,000.00), or more. For the purposes of determining the total assets of my estate, within the meaning of the present clause THIRD, such total assets shall be considered to include any and all legacies and parts of legacies which may have been given, prior to and after the expiration of the said four years, by my executors and trustees, to a legatee or legatees, or which may be due to a legatee or legatees under this my will, and including any and all of my said shares of stock which have not been transferred, sold and disposed of and including the proceeds and assets purchased with the proceeds resulting from the transfer, sale and disposition of any of such shares of stock, and any and all assets obtained in exchange or otherwise by my executors and trustees for the said stock or part thereof, or for the assets or part thereof of the said Company. The said annual income of six thousand dollars, (as often as it shall become due and payable in accordance with the terms of the present clause Third), shall be borne and paid by the various legatees mentioned in this my will, and until the death or remarriage of my said wife) in the same proportions as and according to the values of the legacies which are hereby willed to them, that is to say, one half, in all, shall be paid by the legatee or legatees mentioned in the sub-clause (A) of clause fifth which follows; one sixth, in all shall be paid by the legatee or legatees mentioned in the sub-clause (b) of clause Fifth which follows; one sixth, in all, shall be paid by the legatee or legatees mentioned in sub-clause (c) of clause fifth which follows; one sixth, in all, shall be paid by the legatee or legatees mentioned in sub-clause (d) of clause fifth which follows;
FOURTH - I do hereby give and will to my son, WILLIAM ANGUS REID, my watch which is set in rubies and on the back of which is wrought in enamel the pennant of the Reid-Newfoundland Company's steamships and which, on its face, bears the name of Birks as the manufacturer.
FIFTH - I direct my executors and trustees to give and divide the rest, residue and ??????? (a) ???? of the said rest, residue and remainder shall be given to my son, WILLIAM ANGUS REID, and, if he predeceases me, the said one-half share shall be given to his wife; and if the said WILLIAM ANGUS REID and his wife both predeceases me, the said one-half share shall be given to William Angus Reid's children, born and to be born and living at the time of my death, such one half share to be divided between or among the said children, in equal shares, and separately as each attains the age of twenty one years, and until each such child attains the age of twenty one years, his or her share shall be invested by my executers and trustees in sound securities, and the income thereof or so much of it as my executors and trustees, in their discretion, shall deem sufficient, shall be applied and used for the support, maintenance and education of each such child.
(b) ONE-SIXTH of the said rest, residue and remainder of my estate shall be given to my daughter, HELEN; and, if she predecease me, the said one-sixth share shall accrue and be given to the child or children of the said HELEN, born and to be born and living at the time of my death, to be divided among them in equal shares, and separately, as each child attains twenty one years of age; and, until each child attains such age, his or her share shall be invested by my executors and trustees in sound securities, and the income thereof or so much of it as my executors and trustees, in their discretion shall deem sufficient, shall be applied and used for the education maintenance and support of each such child; but if my daughter HELEN predecease me, and die without any child or children issue of her marriage, the said one-sixth share of the rest, residue and remainder of my estate, shall be divide among the same persons and in the same proportions as are stipulated in sub-paragraphs (a), (c) and (d), of this FIFTH clause.
(c) ONE-SIXTH of the said rest, residue and remainder of my estate shall be given to my daughter FLORENCE, and, if she predecease me, such one-sixth share shall accrue and be given to her husband, BRAZIL OUTERBRIDGE.
(d) ONE-SIXTH of the said rest, residue and remainder of my estate shall be given to my son, JOSEPH LOUIS HARRY DUFF, on his attaining twenty-one years of age; and, until he attains such age, his share shall be invested in sound securities by my executors and trustees, and the income thereof or so much of it as my executors and trustees, determine, shall deem sufficient, shall be applied and used for his support, maintenance and education.
If my said child, JOSEPH LOUIS HARRY DUFF, predeceases me or die before he attains the age of twenty one years, the legacies and bequests herein willed to him, shall be divided among the same persons and in the same proportions as those herein above stipulated, in sub-paragraphs (a), (b) and (c), of this fifth clause.
SIXTH - All household furniture and effects which are owned or might be owned by me, at the time of my death, shall be given to my said wife.
SEVENTH - Before dividing the residue of my estate, as aforesaid, my executors and trustees may, in their discretion, (and if they consider that the realisable value of such residue warrants such action), give to such charitable societies and organizations, in Newfoundland, as they think to be deserving such donations as my executors and trustees consider proper, bearing in mind always my primary desire that my said residuary legatees shall be adequately provided for, and such donation or donations shall be paid out of the residuary assets of my estate, and shall not be borne by my above-named residuary legatees in proportion to their respective legacies.
I make the above provision, as to charitable societies and organizations because of my present uncertainty as to the probable value of my estate at the time of my death.
EIGHT - My executors and trustees may, in their discretion, retain the securities in which my estate is invested at the time of my death or such of them as they think proper, or may realize all or any of them as they think fit, for the purpose of carrying out the provisions of this, my will, and, in making new investments for such purposes, I do not desire to restrict them absolutely to what are known as Trustee's investments, but request them to exercise their own discretion on this subject, having due regard to safety.
NINTH - I appoint my executors the guardians and trustees of the shares of any and all minor children who do and may benefit under my will, they to act as such towards each child until he or she attains the age of twenty-one years.
TENTH - I appoint, nominate and constitute my son, WILLIAM ANGUS REID, and my son-in-law, BRAZIL OUTERBRIDGE, to be the joint executors and trustees under my present will, the said WILLIAM ANGUS REID to act in such capacity, gratuitously, and the said BRAZIL OUTERBRIDGE to ?????? consideration of the services to be ???? by him ????? such sum to be paid in ten annual instalments or FIVE HUNDRED DOLLARS ($0,500.00) each, commencing one year after the date of my death; but no interest shall be paid on the said sum or upon the instalments thereof.
ELEVENTH. In every case where the said executors and trustees do not agree upon certain points or acts of administration, they shall appoint a third person as arbitrator, for that special case, and, if they cannot agree upon the nomination of an arbitrator, they shall have one nominated and appointed by the Supreme Court, at St. John's, Newfoundland, and, thereupon, such arbitrator so nominated and appointed, shall remain in function without any salary, only as long as my said executors and trustees act as such, according to the terms of my present will, but my said executors and trustees shall continue to administer my said estate without being obliged to consult that third person, except in cases where they do not agree.
TWELFTH - In case of the death of one of my executors and trustees his successor shall be nominated and appointed by the survivor, (subject to the approval of a Judge of the Supreme Court at St. John's Newfoundland), and the said successor shall act as such in consideration of the remuneration of ^{A.J.H. H.D.R. J. E. C.} FIVE HUNDRED DOLLARS ($500.00), per year, until my minor child, JOSEPH LOUIS HARRY DUFF, attains twenty-one years of age A.J.H. H.D.R. J.E.C. two hundred and fifty dollars per year until each of the minor children who benefit under my will shall have attained twenty one years of age, but such successor shall not in any event, receive a total remuneration exceeding two thousand dollars, ($2,000.00), and if he shall have received such total remuneration before the youngest of the said minor children attains twenty one years of age, such successor will be obliged to continue to then act, gratuitously until the youngest child attains the said age. ^{H.D.R. A.J.H. J.E.C.}
THIRTEENTH. - And, inasmuch as all the bequests by me made by this my last will and testament, are meant and intended as and for the maintenance and alimentary support of my said legatees, I expressly exempt the same, and every part thereof, from seizure or attachment, for the debits or obligations of the said legacies or any of them, and it is expressly stipulated that these legacies shall belong to each one of my said legatees, in full ownership, as their own, and shall not form part of any community of property which exists or might exist between my said legatees and their respective husbands and wives. AND hereby revoking all former wills and codicils, making this to be my last will and testament.
IN WITNESS WHEREOF I have hereunto set my hand, at the city of Montreal in the Province of Quebec, this nineteenth day of March, Nineteen hundred and twenty eight.
One marginal note good. Nineteen words in clause twelfth are null and have been cancelled.

HARRY DUFF REID.

Signed and declared by the testator, as and for his last will and testament, in the presence of us, both being present at the same time, who, at his request, in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
A. J. Howard.
John E. Crankshaw.

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

(Listed in the margin next to this will the following)
Fiat
Nov 22/29
J. M. Kent
Judge
Probate granted
William Angus
Reid and
Brazil Outerbridge
on the 6^th day
of December
A.D. 1929
Value of estate
$221,062.36