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Will of Peter Saunders
In re Peter Saunders deceased
Mr. Peter Saunders, of the City of Montreal Ship-builder. Who being of sound and disposing mind, and able to dispose of his property, has made and dictated his last will and Testament as follows:-
1st. I command my soul unto almighty God.
2d. - I want all my debts to be paid by my testamentary executor hereinafter named.
3d. - I want my testamentary executor to use the sum of two thousand dollars [$2000.00] to provide for my funeral expenses and to have masses of Requiem to be said to my intention and my wife's intention after my death.
4h. I give and bequeath unto Hilda Summers, my granddaughter, the sum of five hundred dollars [$500.00] in full ownership. (at this point the will goes to Number 6 but a note in the margin gives number 5, apparently it was overlooked in the first writing, and squeezed into the margin later)
5th. I give and bequeath unto Leo Summers my grandson, the sum of five hundred dollars [$500.00] in full ownership. L.A.L.
6th.- I give and bequeath unto Peter Saunders, my grandson, the sum of five hundred dollars [$500.00], in full ownership, but I want that until he is twenty-one years old, the said sum be invested in good securities, and the interest paid to him.
7th.- I give and bequeath unto John Saunders, my brother, the sum of five hundred dollars [$500.00] in full ownership.
8th.- I give and bequeath unto my daughter Dame Theresa Saunders Cote, my property situated in St. John's Newfoundland and bearing number three [No. 3] Saunders Place in full ownership.
9th.- as to the remainder of my estate and succession, I give and bequeath unto my four children William Saunders, James Saunders, Theresa Saunders Cote, and Mary Saunders Summers, to be divided between them in equal shares, instituting them my universal legatees: my two sons to have usufruct(?) of their respective shares only, and capital of those shares to devolve after their death to their respective children. But in case the said William Saunders should die without any legitimate issue, his share will then devolve onto the children of the said James Saunders, as to my daughters, they will receive their shares in full ownership.
10- all succession duties, if there are any to be paid, will be paid by my testamentary executor, out of the capital of my estate.
11th. - and to execute my present will and testament, I hereby name and appoint Mr. Thomas F. Cuddihy, of the City of Montreal, School inspector, my testamentary executor, with powers as long as it will be necessary to execute my presence will and testament. I give him the right to sell, exchange or otherwise dispose of all my property moveable and immoveable, in order to realize cash money out of my property as soon as possible after my death, and for the price and sums he will find convenient to the best of his knowledge, gives discharge for the prices of sale or for any other money which might be due to me, give main-levee of all mortgages, the whole without any judicial proceedings or authority at law. As soon as my said testamentary executor has liquidated all the property which will compose my estate and succession except the property which is hereby given to Mrs. Theresa Saunders Cote, he will pay the different particular legacies which are herein made, and divid the remainder in equal shares between my universal legatees above named, investing the shares of those who are to have the usufrunct(?) only, on first mortgage, with the revenues to be paid however to the usufrunctuaries(?) themselves. And as a reward for all his trouble, in settling my estate, I hereby grant to my said testamentary executor, a percentage of five per centum on the capital of my estate after deducting all liabilities and the amount of succession duties which might have be paid, which said percentage he will have the right to keep for himself before dividing my property as aforesaid.
12th.- I hereby revoke all wills and testaments heretofore made.
It was thus dictated to the said Notary by the said testator, and after due reading by the said Notary to the said testator in the presence of the said witnesses, the said testator has declared to well understand the same and abide thereby as being his last will and testament, in the presence of the said witnesses. Done and passed in the City of Montreal, at the residence of the said testator No. 1118 St. Urbain Street, under the number two thousand two hundred and fifty-three of the original minutes of the undersigned Notary. And after due reading as aforesaid, the testator, the said witnesses and the said Notary have immediately signed in the presence of one another, signed Peter Saunders [signed] Stenislas(?) J. Kearney [signed] M. Whalen [signed] L.A.Terrault.
Correct Charles H. Emerson
(Listed in the margin next to this will the following)
|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: September 16, 2001 (Ivy Benoit)
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