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A Collection of Newfoundland Wills
(R)
James Ryan

 

Will of James Ryan
(transcribed from photostats of microfilm of Newfoundland will books, volume 11 pages 3 to 17)

In re James Ryan deceased

This is the last will and Testament of me, James Ryan of Bonavista in the island of Newfoundland. Merchant. I revoke all previous wills at any time made by me and appoint my brother Daniel A Ryan, my wife's brother John G. McCarthy, my wife Katherine M. G. Ryan and the Hon. J. D Ryan of St. John's Merchant, to be the executors of my will.

First. I give devise and bequeath to my wife for her lifetime my dwelling house at Bonavista with the ground upon which it stands with the garden in front of the said house and bounded on the North West by Water Street. The kitchen garden in the rear of the said house, the meadow and land bounded in the North West by Water Street, on the North East by a road leading from Water Street to Doody's forge, on the South by a road leading to William Doody's dwelling house, and on the West by a road leading to Water Street aforesaid and by James Cuff's property and upon her death I devise said lands and property to my eldest son James Edmund Ryan.

Second I give to my book-keeper Robert Brown, the sum of one thousand dollars [$1,000] if he should be in my service at the time of my death.

Third I give and bequeath to each of the children of my sister, Margaret White, the sum of one thousand dollars [$1,000] to be paid to each upon his or her attaining the age of twenty-one and in the mean while the interest is to be applied for their maintenance and I authorise and direct my executors, from time to time with the consent of the said Margaret White to advance from the principal such sum or sums of money as may be required for the education of the said children.

Fourth. I give, devise and bequeath unto my said Executors all my property not hereby otherwise disposed of, of whatsoever consisting, including moneys and securities to hold upon the following trusts iry (?):

First, I direct my said executors to invest in British Securities a sum of money sufficient to yield an annual income from interest of one thousand two hundred dollars [$1,200] for the purpose of providing an annuity for my wife. And I direct my said Executors to apply the interest of the said fund as follows iry (?): - to pay to my wife for her support the sum of one thousand two hundred dollars [$1,200] by semi-annual installments so long as she remains unmarried, and in the event of her re-marrying to pay her an annuity of six hundred dollars [$600] in semi annual installments. And to place the surplus of six hundred dollars [$600] to the credit of my residuary estate and upon her decease to deal with and divide the whole of the said fund in the same manner as I have hereinafter directed my residuary estate to be dealt with and divided. I constitute the foregoing a first charge upon my estate.

Second I direct my said executors to invest the sum of one hundred and fifty thousand dollars [$150,000] with liberty to them either to continue the investments in which my moneys may be lying at the time of my death or to vary the said investments from time to time upon the Trust following. That is to say, In trust first to apply the income or Interest arising from the said investment for the support maintenance and education of my children during their minority, and if the whole of the income should not be required for this purpose then to add the balance or surplus remaining to the amount of the principal fund of one hundred fifty thousand dollars to be divided as the said principal sum is hereinafter directed to be divided. And to hold the said principal sum of one hundred fifty thousand dollars [$150,000] for division among my children, the said sum to be divided and immediately vest in the said children on the youngest surviving child attaining the age of twenty-one years and I direct my executors to, so far as the rules of law and equity will permit, to postpone payment of two-thirds of each share, paying one of the two-thirds so reserved to each child after the expiration of nine years from the first payment and the remaining third at the expiration of a further period of ten years from the said nine years and while the payment of the principal may be postponed, to pay the annual interest arising therein or on such portion whereof payment has been postponed, to the said legatee entitled to the said principal sum.

Third. I give and bequeath unto my said executors the sum of ten thousand dollars [$10,000] in trust to invest the same with liberty to them either to continue the investment in which my money may be lying at the time of my death or to vary them from time to time and to pay the interest thereof annually to my brother, Nicholas B. Ryan during his life, and in the event of my said brother at his death leaving him surviving a child or children, then to hold the said sum of ten thousand dollars [$10,000] for division amongst such of his children as he may in his last will appoint and failing such appointment for division amongst all his children share and share alike the shares to vest upon the eldest surviving child attaining the age of twenty-one years and to be payable to the said children as and when they shall severally attain the said age: and upon the death of any of such children before attaining the said age of twenty-one years his or her share is to go to and from part of my residuary estate and to be dealt with in the manner hereinafter provided with regard thereto and I direct my said Executors, so far as the rules of law and equity will permit, to postpone payment of two-thirds of each share, paying one of the two-thirds so reserved to each child after the expiration of nine years from the first payment and the remaining third at the expiration of a further period of ten years from the said nine years and while the payment of the principal may be postponed, to pay the annual interest arising therein or on such portion whereof payment has been postponed, to the said legatee entitled to the said principal sum. And in the event of my said brother dying without issue the said sum of ten thousand dollars [$10,000] is to go to and form part of my residuary estate and to be dealt with in the manner hereinafter provided with regard thereto.

Fourth. I give and bequeath unto my said executors the sum of five thousand dollars [$5,000] in trust to invest the same with liberty to them either to continue the investment in which my money may be lying at the time of my death or to vary them from time to time and to pay the interest thereof annually to my brother, Edmund J. Ryan during his life: and in the event of my said brother at his death leaving him surviving a child or children, then to hold the said sum of five thousand dollars [$5,000] for division amongst such of his children as he may in his last will appoint and failing such appointment for division amongst all his children share and share alike the shares to vest upon the eldest surviving child attaining the age of twenty-one years and to be payable to the said children as and when they shall severally attain the said age: and upon the death of any of such children before attaining the said age of twenty-one years his or her share is to go to and from part of my residuary estate and to be dealt with in the manner hereinafter provided with regard thereto and I direct my said Executors, so far as the rules of law and equity will permit, to postpone payment of two-thirds of each share, paying one of the two-thirds so reserved to each child after the expiration of nine years from the first payment and the remaining third at the expiration of a further period of ten years from the said nine years and while the payment of the principal may be postponed, to pay the annual interest arising therein or on such portion whereof payment has been postponed, to the said legatee entitled to the said principal sum. And in the event of my said brother dying without issue the said sum of five thousand dollars [$5,000] is to go to and form part of my residuary estate and to be dealt with in the manner hereinafter provided with regard thereto.

Fifth. I give and bequeath unto my said executors the sum of five thousand dollars [$5,000] in trust to invest the same with liberty to them either to continue the investment in which my money may be lying at the time of my death or to vary them from time to time and to pay the interest thereof annually to my brother, Michael J. Ryan during his life: and in the event of my said brother at his death leaving him surviving a child or children, then to hold the said sum of five thousand dollars [$5,000] for division amongst such of his children as he may in his last will appoint and failing such appointment for division amongst all his children share and share alike the shares to vest upon the eldest surviving child attaining the age of twenty-one years and to be payable to the said children as and when they shall severally attain the said age: and upon the death of any of such children before attaining the said age of twenty-one years his or her share is to go to and from part of my residuary estate and to be dealt with in the manner hereinafter provided with regard thereto and I direct my said Executors, so far as the rules of law and equity will permit, to postpone payment of two-thirds of each share, paying one of the two-thirds so reserved to each child after the expiration of nine years from the first payment and the remaining third at the expiration of a further period of ten years from the said nine years and while the payment of the principal may be postponed, to pay the annual interest arising therein or on such portion whereof payment has been postponed, to the said legatee entitled to the said principal sum. And in the event of my said brother dying without issue the said sum of five thousand dollars [$5,000] is to go to and form part of my residuary estate and to be dealt with in the manner hereinafter provided with regard thereto.

Sixth. I give and bequeath unto my said executors the sum of eight thousand dollars [$8,000] in trust to invest the same with liberty to them either to continue the investment in which my money may be lying at the time of my death or to vary them from time to time and to pay the interest thereof annually to my brother, John Ryan during his life: and in the event of my said brother at his death leaving him surviving a child or children, then to hold the said sum of eight thousand dollars [$8,000] for division amongst such of his children as he may in his last will appoint and failing such appointment for division amongst all his children share and share alike the shares to vest upon the eldest surviving child attaining the age of twenty-one years and to be payable to the said children as and when they shall severally attain the said age: and upon the death of any of such children before attaining the said age of twenty-one years his or her share is to go to and from part of my residuary estate and to be dealt with in the manner hereinafter provided with regard thereto and I direct my said Executors, so far as the rules of law and equity will permit, to postpone payment of two-thirds of each share, paying one of the two-thirds so reserved to each child after the expiration of nine years from the first payment and the remaining third at the expiration of a further period of ten years from the said nine years and while the payment of the principal may be postponed, to pay the annual interest arising therein or on such portion whereof payment has been postponed, to the said legatee entitled to the said principal sum. And in the event of my said brother dying without issue the said sum of eight thousand dollars [$8,000] is to go to and form part of my residuary estate and to be dealt with in the manner hereinafter provided with regard thereto.

Seventh. I give and bequeath unto my said executors the sum of ten thousand dollars [$10,000] in trust to invest the same with liberty to them either to continue the investment in which my money may be lying at the time of my death or to vary them from time to time and to pay the interest thereof annually to my brother, Patrick F. Ryan during his life, and in the event of my said brother at his death leaving him surviving a child or children, then to hold the said sum of ten thousand dollars [$10,000] for division amongst such of his children as he may in his last will appoint and failing such appointment for division amongst all his children share and share alike the shares to vest upon the eldest surviving child attaining the age of twenty-one years and to be payable to the said children as and when they shall severally attain the said age: and upon the death of any of such children before attaining the said age of twenty-one years his or her share is to go to and from part of my residuary estate and to be dealt with in the manner hereinafter provided with regard thereto and I direct my said Executors, so far as the rules of law and equity will permit, to postpone payment of two-thirds of each share, paying one of the two-thirds so reserved to each child after the expiration of nine years from the first payment and the remaining third at the expiration of a further period of ten years from the said nine years and while the payment of the principal may be postponed, to pay the annual interest arising therein or on such portion whereof payment has been postponed, to the said legatee entitled to the said principal sum. And in the event of my said brother dying without issue the said sum of ten thousand dollars [$10,000] is to go to and from part of my residuary estate and to be dealt with in the manner hereinafter provided with regard thereto.

Eighth. Upon the death of the said Patrick F. Ryan, should his wife survive him I direct my said Executors to pay to her the sum of one hundred fifty dollars [$150] annually out of my residuary estate during each and every year after the death of the said Patrick F. Ryan and until the decease of his wife.

Ninth. I give and bequeath to my said Executors the sum of five thousand dollars [$5,000] in trust to invest in like manner as has been provided in the case of the foregoing legacies and to pay the income thereof to my sister Mary White semi-annually during her life and upon her death then the said sum is to form part of my residuary estate.

Tenth. I give and bequeath to my said Executors the sum of five thousand dollars [$5,000] in trust to invest in like manner as has been provided in the case of the foregoing legacies and to pay the income thereof to my sister Margaret, wife of Thomas White semi-annually during her life and upon her death then the said sum is to form part of my residuary estate.

Eleventh. I direct my said Executors to realise (?) my moi??? or half share in the business of James Ryan Co. at King's Cove, and its branches in Newfoundland and Labrador together with my half-share in all vessels, craft, fishing gear and stock in trade of every description belonging to the said firm [save and except all land and premises whether owned by me absolutely or in part] and also my own mercantile business at Bonavista and elsewhere consisting of vessels craft fishing gear and stock in trade of every description [and not including the land and premises owned by me at that place and elsewhere] and to treat the proceeds as part and parcel of my residuary estate to be dealt with in the manner hereinafter provided for the distribution thereof.

Twelfth. I give and devise to my said Executors in trust of my eldest son James Edmund Ryan, all my mercantile premises land and property situated at Bonavista [except for the life interest in the dwelling house and land hereinbefore bequeathed to my wife]. And also my mercantile premises at Bird Island Cove and also the land and waterside premises at King's Cove owned by me, occupied at present by the firm of James Ryan and Company.

Thirteenth. I give and devise to my said Executors in trust for my son Herbert Felix Ryan my interest being a one-half share in the land and property at King's Cove [apart from the said waterside premises]. Belonging to me and Daniel A. Ryan equally: also my interest being a one-half share, in mercantile premises at Emily Harbor, Hawk's Harbor and Batteau (Battle Hr?) at Labrador.

Fourteenth. I direct my said Executors to invest the sum of five thousand dollars [$5,000] to form a permanent fund for the benefit of the poor of the town of Bonavista; the annual income or interest arising from this investment I direct to be paid over in equal parts or thirds to the Parish Priest of the Roman Catholic Church at Bonavista the incumbent of the Church of England at Bonavista, and the principle minister of the Methodist Church at Bonavista, to be distributed by them amongst the most needy and deserving of the poor of their respective congregations.

Fifteenth. I direct my said Executors to pay the following sums for masses for the repose of my soul to the Parish Priest of the Roman Catholic Church at Bonavista the sum of two hundred dollars [$200]. To the Parish Priest of the Roman Catholic Church at King's Cove the sum of one hundred dollars [$100]. To the Parish Priest at the Roman Catholic Church at St. Brendan's the sum of one hundred dollars [$100]: Rev. Felix McCarthy, at present of Carbonear, the sum of one hundred dollars [$100].

Sixteenth. I give and bequeath unto my said executors the sum of ten thousand dollars [$10,000] in trust to invest the same with liberty to them either to continue the investment in which my moneys may be lying at the time of my death or to vary them from time to time and to pay the interest thereof annually to my brother, Daniel A. Ryan during his life, and in the event of my said brother at his death leaving him surviving a child or children, then to hold the said sum of ten thousand dollars [$10,000] for division amongst such of his children as he may by his last will appoint, and failing such appointment for division amongst all his children share and share alike the shares to vest upon the eldest surviving child attaining the age of twenty-one years and to be payable to the said children as and when they shall severally attain the said age: and upon the death of any of such children before attaining the said age of twenty-one years his or her share is to go to and form part of my residuary estate and to be dealt with in the manner hereinafter provided with regard thereto and I direct my said Executors, so far as the rules of law and equity will permit, to postpone payment of two-thirds of each share, paying one of the two-thirds so reserved to each child after the expiration of nine years from the first payment and the remaining third at the expiration of a further period of ten years from the said nine years and while the payment of the principal may be postponed, to pay the annual interest arising therein or on such portion whereof payment has been postponed, to the said legatee entitled to the said principal sum. And in the event of my said brother dying without issue the said sum of ten thousand dollars $10,000 is to go to and form part of my residuary estate and to be dealt with in the manner hereinafter provided with regard thereto.

Seventeenth. I give devise and bequeath the rest residue and remainder of my estate and property both real and personal moneys, securities and effects of every description to my said Executors in trust to invest the same with liberty to them either to continue the investment in which my moneys may be lying at the time of my death or to vary them from time to time and to stand possessed of the same When the Trusts following, That is to say in Trust to hold the said residue for division amongst my children. The said residue to be divided so as to give each of my sons twice as much as the sum payable to each of my daughters, and in the event of there being no daughters to be divided equally amongst my sons, and to immediately vest in the said children on the youngest surviving child attaining the age of twenty-one years, and I direct my said Executors, so far as the rules of law and equity will permit, to postpone payment of two-thirds of each share, paying one of the two-thirds so reserved to each child after the expiration of nine years from the first payment and the remaining third at the expiration of a further period of ten years from the said nine years and while the payment of the principal may be postponed, to pay the annual interest arising therein or on such portion whereof payment has been postponed, to the said legatee entitled to the said principal sum.

In witness whereof I have hereunto subscribed my hand at Saint John's in the island of Newfoundland this twenty-seventh day of February, A.D. 1902.

James Ryan

signed by the testator as and for his last will 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:

Chas. O'Neill Conroy
Hugh W Gacey

This is a Codicil to the last will and Testament of me James Ryan of Bonavista, Merchant; which executed by me on the twenty-seventh day of February Anno Domini, one thousand nine hundred and two.

First I hereby revoke Paragraph Three of my said will.

Second: I hereby alter the bequest contained in Paragraph Five, of my said will, to my brother Michael J Ryan from the sum of Five thousand Dollars as therein set forth, to Two thousand Dollars.

Third: I hereby revoke the Sixteenth paragraph of my said will.

Fourth. I give, devise and bequeath to my wife the sum of Twenty thousand Dollars, To be paid over to her by my executors after my death.

Fifth: I give, devise and bequeath to Marguerite Ryan, daughter of my brother Daniel Ryan the sum of one thousand Dollars, to be paid her by my executors when she attains the age of twenty-one years.

Sixth. I give, devise and bequeath to the Mount Cashel Orphanage the sum of one thousand Dollars, to the Belvedere Orphanage Five hundred Dollars, to the Church of England Orphanage Five hundred Dollars, and to the Methodist Orphanage Five hundred Dollars, the said amounts to be paid over by my executors to the said institutions after my death.

Seventh. I give, devise and bequeath my dwelling house, land and premises situate on Rennies Mill Road together with all household furniture and effects therein contained, to my wife for and during her lifetime, and after her death to my son James Edmund Ryan, and in the event of his predeceasing my said wife then upon the death of my said wife to my son Herbert Felix Ryan.

Eighth. I give and bequeath all my interest which is one-half, in the mercantile premises situate at Trinity, together with all stock-in-trade, vessels, craft and fishing gear, between my two sons James Edmund Ryan and Herbert Felix Ryan, share and share alike.

Lastly: I devise and bequeath to the executors named in my said last will and Testament the sum of Five hundred Dollars each as compensation for their services as executors of my said last will and this codicil thereto and in lieu of any commission they may be otherwise entitled to receive.

In witness whereof I have hereunto my hand set and subscribed at St. John's this ninth day of February, Anno Domini. One thousand nine hundred and sixteen.

James Ryan

signed by the said James Ryan as and for a codicil to 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. F J Morris    Louise Mundy

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

(Listed in the margin next to the will the following)
Fiat
Oct 18/17
Kent J
Probate
Oct 19/17
granted to
Daniel A
Ryan
John G
McCarthy
Catherine
M G Ryan
+ Hon J (2 indecipherable letters)
D Ryan
estate
sworn at
$613,275.09

 

 

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: August 10, 2001 (Ivy F. Benoit)

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