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A Collection of Newfoundland Wills
Andrew Rutherford


Will of Andrew Rutherford
from Newfoundland will books vol 11 pages 399 & 400 probate year 1919

In re Andrew Rutherford       deceased

This is the last will and testament of me, Andrew Rutherford, of Harbor Grace, in the electoral district of Harbor Grace, General Merchant.

  1. I hereby revoke all former wills by me at anytime made, and declare this to be my last will and testament.
  2. I hereby nominate and appoint my daughter, Mary Elizabeth Rutherford, of Harbor Grace aforesaid, spinster, and William Ward of Harbor Grace, Customs Official hereinafter called "my trustees", to be the executors and trustees of this my last will and testament.
  3. I give, devise and bequeath all my real and personal estate, except as provided in paragraph 4 hereof, unto my said daughter Mary Elizabeth Rutherford absolutely.
  4. I give, devise and bequeath all my real and personal property at Dildo, Trinity Bay, together with the business, if any, conducted in connection therewith; also all my waterside premises situate at Harbor Grace, together with the real and personal property connected with the business conducted thereupon by me, unto my said 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 of my ready money, pay my funeral and testamentary expenses and debts, and pay over the residue of the said moneys to my said daughter Mary Elizabeth Rutherford, to whom I hereby give, devise and bequeath the said residue. And I authorize my trustees to postpone the sale and conversion of the said property, or any part thereof, for as long as they shall think fit; and I declare that the rents, profits and income of my property for the time being remaining unsold shall be paid over to my said daughter, Mary Elizabeth Rutherford.
  5. I give, devise and bequeath to my trustee the said William Ward a sum of money amounting to two and one half percent, on the gross realization of the real and personal estate referred to in the immediately preceding paragraph, namely, paragraph 4 hereof, as remuneration in full for the services of the said trustee in connection with the same.

In testimony whereof I have hereunto subscribed my hand at Harbor Grace this 3rd day of February "March" A.D. 1908 (?). Andrew Rutherford. Signed by the said testator as and for his last will and testament in the presence of us, who in his presence, at his request, and in the presence of each other, have hereunto our names subscribed as witnesses. William Walters. R. A. Squires. As William Ward has died Charles Alexander Stevenson will act in his place. Charles Alexander Stevenson. William Walters witness. Louis James witness.

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

(Listed in the margin next to this will the following)
Fiat Dec 10/19
Horwood CJ.
Probate granted
to Mary
Elizabeth Rutherford
Dec 13/19.
Estate sworn
at $3582.81



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, Alana Bennett, Wendy Weller and Eric Weller

Revised: October 29, 2001 (Ivy F. Benoit)

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