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A Collection of Newfoundland Wills
(R)
James Rorke

 

Will of James Rorke
(from Newfoundland will books vol 11 pages 115 to 121 probate year 1918)

In re James Rorke       deceased

This is the last will and Testament of me, James Rorke of Carbonnear in the Island of Newfoundland, Merchant. I revoke all wills heretofore by me made. I appoint the Eastern Trust Company the executor of this my last will and testament. I bequeath all my property and in particular, but without prejudice to the generality of the foregoing expression, all my houses, lands shops and stores wheresoever situate, together with all my ships, stocks of merchandize, shares in companies, securities of all kinds, life insurance moneys and all book debts, and moneys due my Estate from banks or any other source, and all interests that I may have in any property and everything else of whatsoever kind or description, whether real or personal or chattels real of which I shall die possessed or entitled to, to my said executor upon Trust.

First: to pay all my just debts, funeral and testamentary expenses.

Second: to hold without impeachment for waste, my house and land on Transwater Avenue, Southsea, Hants, England, known as "Seaforth" for the use and benefit of my wife, Juliana Rorke, during the term of her natural life whilst she remains unmarried and upon her death or remarriage to transfer and convey the same onto my son, James Rorke, Junior. The remainder in the said property to vest in my said son, James Rorke, Junior, immediately upon my death. The said Juliana Rorke, whilst the said land and premises is held for her use and benefit by my said executor is to pay all expenses in connection with the repair of the said premises and all rates, taxes, assessments and impositions whatsoever in respect of the same.

Third: Within twelve months of my death and as soon as possible thereafter to set aside the sum of five thousand dollars [$5000] and yearly thereafter to collect from my sons John Rorke Junior and James Rorke Junior, on the first day of January in each and every succeeding year the sum of two thousand dollars [$2000] until they shall have paid the sum of fifteen thousand dollars [$15000] and to invest the said sum of five thousand dollars [$5000] together with the further sum of fifteen thousand [$15000] to be collected from my sons John Rorke Junior and James Rorke Junior from time to time as the said installments are paid in such sound and reliable securities only as a Trustee is permitted by law to invest in and to pay the yearly income arising therefrom annually immediately upon its accrual to my daughter, Mary Rorke Archibald, wife of Henry Archibald, during the term of her natural life and upon the death of the said Mary Rorke Archibald, to hold the said sum of twenty thousand dollars [$20,000] in trust for her lawful child or children and to apply the yearly interest arising therefrom to their maintenance, education and support until they attain the age of twenty-one years, when the said sum shall be divided amongst them share and share alike, as each of them attain the said age of twenty-one years. In the event of any of the said children dying under the ages of twenty-one years, the share which the deceased child would have been entitled to, had he or she attained the age of twenty-one years, shall be divided equally, between such children of the said, Mary Rorke Archibald as attain the age of twenty-one years. Should the said Mary Rorke Archibald die before the said sum of twenty thousand dollars [$20,000] has been in due course collected by my executor the said sum of twenty thousand dollars [$20,000] is still to be collected for the purposes of this trust as set forth in this third paragraph. In the event of my daughter, dying without leaving lawful child or children surviving her or should all the children of the said Mary Rorke Archibald die without attain the age of twenty-one years, the said sum of twenty thousand dollars [$20,000] is to be divided between my sons, John Rorke Junior and James Rorke Junior, equally share and share alike or in the event of the said John Rorke Junior and James Rorke Junior being then either of them dead leaving lawful child or children, the child or children of each of my deceased son or sons are to take the parents share, which is to be divided between them equally, share and share alike, if there be more than one child. In the event of the either of my said sons, dying unmarried before the death of the said Mary Rorke Archibald without leaving child or children surviving her, the survivor or if no survivor, the child or children of the survivor of my two sons John Rorke Junior and James Rorke Junior, shall be paid the said sum of twenty thousand dollars [$20,000] equally, share and share alike, if there be more than one child. Should my brother, John Rorke Senior make effectual testamentary disposition of any property which may have come to him through the will of my father the late Hon. John Rorke to persons other than myself or my sons John Rorke Junior and James Rorke Junior or their children, then and in such case the sum of twenty thousand dollars [$20,000] directed to be set-aside for the purposes of the trusts already set forth in this third paragraph of my will shall be reduced to ten thousand dollars [$10,000] and the yearly installments to be paid by my said sons, John Rorke Junior and James Rorke Junior shall be five hundred dollars [$500] per annum for Ten years until the sum of five thousand dollars [$5000] is paid by them instead of two thousand dollars [$2000] per annum until fifteen thousand dollars [$15,000] is paid by them. The object of the said Trusts are, however, to be the same in all other respects and I particularly direct my executor to see to the immediate and prompt retention of the sum of five thousand dollars [$5000] the base of the said Trust fund whether the full principal sum to be collected for the purposes of this Trust be twenty thousand dollars [$20,000] or ten thousand dollars [$10,000]. Should my daughter, Mary Rorke Archibald or any person or persons claiming through her, become entitled to any property or interest in the Estate of my father the late Hon. John Rorke [save and except the piano, specifically bequeathed to Mary Rorke Archibald in the will of the said late Hon. John Rorke] then and in such case, in order to take the benefits of the trust in her or their favour in this third paragraph hereinbefore set forth, the said Mary Rorke Archibald or those claiming through her must immediately transfer any interest in the Estate of my father the late Hon. John Rorke to which she or they may be entitled [except the piano specifically bequeathed to the said Mary Rorke Archibald] to my sons John Rorke Junior and James Rorke Junior or their executors, administrators or assigns. Should the said Mary Rorke Archibald or any person or persons claiming through her elect to take her or their share of any interest in the Estate of my father the late Hon. John Rorke to which she or they may become entitled, then the Trustee in this third paragraph hereinbefore provided for the objects therein set forth shall form part of the residue of my Estate which I bequeathe to my sons, John Rorke Junior and James Rorke Junior.

Fourth: Immediately on the payment of all my just debts, funeral and testamentary expenses to transfer all the rest, residue and remainder of my Estate to my sons, John Rorke Junior and James Rorke Junior, share and share alike, reserving however [should any of the Trusts in the third paragraph herein before set forth become operative] a charge upon all the lands and premises by this fourth clause bequeathed or such part of them as shall from time to time in my executor's sole discretion be deemed to be necessary to secure the payment by them of the said sum of fifteen thousand dollars [$15,000] or five thousand dollars [$5000] [as the case may be] or any part thereof for the purposes of the Trusts in the Third paragraph heretobefore set forth.

While thus disposing of all my Estate it is my wish and desire that my library which is in the house I now occupy shall never be sold or removed from said house whilst it is occupied by a male member of my family. As I have made adequate provision for my wife, Juliana Rorke, during my lifetime is unnecessary for me to make any further bequest in her favour then that hereinbefore contained. In case it should be necessary for the purpose of carrying out any of the Trusts under this, my last will and testament that a Trustee should be appointed, I also appoint my said executor to be Trustee for the purposes of carrying out and executing the said trusts.

In witness whereof, I have hereunto subscribed my hand at Carbonnear, this 21st day of May Anno Domini 1914 -James Rorke- Signed, Published and Declared by the testator, as and for, his last will and testament, in the presence of us, who in his presence, and in the presence of each other, at his request, have hereunto subscribed our hands as witnesses, witnesses James M. Hall. Arthur Taylor.

-this is a codicil to my last will and testament I bequeath my gold watch and chain with pendant my fowling piece, and my three revolvers to my son James Rorke Junior. In all other respects I confirm the above last will and testament. In witness whereof I have hereunto subscribed my hand at St. John's this 20th day of June A.D. 1914 -James Rorke. Signed published and declared by the testator as a codicil to his last will and testament in the presence of us who in his presence and in the presence of each other have hereunto subscribed our names as witnesses Gertrude Kent of St. John's Typist Jawrom Neily of St. John's Solicitor

- This is the second codicil to my last will and testament. Before transferring all the rest residue and remainder of my Estate to my sons John Rorke Junior and James Rorke Junior as provided in the fourth paragraph of this my last will and testament I require my executor to set-aside the sum of five thousand dollars [$5000] and to invest the same in safe and reliable securities and pay the income arising therefrom annually as the same shall accrue to my wife Juliana Rorke during the term of her natural life while she remains unmarried, and upon the death or remarriage of the said Juliana Rorke to pay the said sum of five thousand dollars [$5000] to my said daughter Mary Rorke Archibald or in the event of her previous decease to her children surviving. In all other respects I confirm the foregoing will and the first Codicil thereto. Dated at St. John's Dec. 14th 1917 -James Rorke. Signed published and declared by the testator as codicle to his last will and testament in the presence of us who in his presence and in the presence of each other have hereunto subscribed our hands as witnesses at St. John's this 14th day of December 1917 Gertrude Kent of St. John's typist Jawrom(?) Neily of St. John's solicitor.

Correct Charles H. Emerson
Registrar of the Supreme Court of Newfoundland.

(Listed in the margin next to this will the following)
Fiat
C.J.
May 27/18
Probate
June 6/18
granted
to The
Eastern
Trust Co
Estate
sworn at
$162,476.98

 

 

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.

This page contributed by Judy Benson, Alana Bennett, Wendy Weller and Eric Weller

REVISED: September 16, 2001 (Ivy Benoit)

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