Will of David Sclater
from Newfoundland will books volume 6 pages 165-168 probate year 1894

Last Will and Testament of
David Sclater of St. John's Merchant
deceased.

      This is the last will and Testament of me David Sclater of St. John's in the Island of Newfoundland Merchant. Imprimis for the sake of convenience and accuracy I divide the property of which I shall die possessed into two several parts without regard to the relative value of each, the first of such divisions being the property which has immediate connection with the business carried on by me and in my name at No 179 Water Street St. John's and consisting of the stock, good will, interest in premises, credits, vessels boats, fishery gear, furniture and fittings and the like assets: And I declare the other portion or division of my estate to be that property which I hold apart and separate from my business and which consists of (A) a policy of insurance upon my life (B) Ten shares in the St. John's Gas Light company. ( C) Five shares in the St. John's Freemasons Joint Stock Building Company and (D) Three shares in the Fisherman's and Sailor's Home Joint Stock Company

As to these two divisions of my estate I will devise bequeath direct ordain and request as follows:

1^st Touching my trade and business and the matters collateral therewith it is my will and desire that the same should be liquidated wound up and realized within three years from the date of my decease and that such liquidation and realization be managed and supervised by my son David Hunter Sclater and I charge this portion of my estate with all the debts and liabilities of the business and with all expenses funeral and testamentary of my estate. It is my further will and desire in connection herewith, that as I do not consider the said business in its present extent and upon its present basis, to be capable of affording a good and comfortable maintenance to two partners. After the winding up and realization of the said business, if my son David Hunter Sclater can obtain backing and assistance for the continuance of the said concern upon its present footing and if he can make arrangements with the Union Bank in respect of the premises the said David Hunter Sclater shall have the good will of the said business trade and concern and may carry on the same for his sole use and benefit. But if my sons David Hunter Sclater and William A. B. Sclater can enter into a satisfactory mutual agreement and can obtain such substantial assistance and support as may enable them to enlarge and extend the said business and securely to carry on the said business so extended and enlarged then it is my desire and preference that they should together carry on the said business as copartners. Should such an arrangement be found impracticable I will devise and bequeath all my interest in the said business trade and concern and its connections to my said son David Hunter Sclater.

In respect of the moneys deposited in the Newfoundland Savings Bank in the name of my deceased wife Mary Sclater. I desire to remind my sons that it was their mothers wish that the said moneys should be kept undivided as between them and for the purpose of assisting business if required until after my decease and should then be divided equally among the sons who should then survive me: that it was further her last expressed desire that our sons should work in love together each to the other: and specially that my sons William A. B. Sclater and David Hunter Sclater should in their business arrangements to the utmost of their power give preference and assistance to their brother James Blaikie Sclater.

2^nd Touching the second division of my estate that is to say that property which I hold outside my trade and business and which I have hereinbefore described and inventoried, it is my will and desire that the same be sold and realized without any unreasonable delay and the net proceeds of such sale and realization being divided into ten parts or shares I will devise bequeath and distribute the said ten parts or shares as follows, namely to my son David Hunter Sclater four (4) Tenths: to my son James Blaikie Sclater four (4) tenths and to my son William A. B. Sclater who has already had special and exceptional provision made for him under his mothers will the remaining two (2) tenths. </p><p>

3rd I appoint Alexander J. W. McNeily Queen's Counsel of St. John's aforesaid to be the executor of this my last Will and Testament. In witness whereof I have hereunto subscribed my hand the day and year hereunder mentioned. (Sgd) David Sclater. Signed Published and declared by the above named David Sclater the Testator hereinbefore named as and for his last will and testament in the presence of us who in the presence of the said Testator and of each other have hereunto subscribed our names as witnesses on the nineteenth day of February A.D. 1890. (Sgd) Alex. J. McNeily. (Sgd) Mary Baird

Codicil

This is a codicil made by me David Sclater to the last will and testament heretofore made by me and bearing date the nineteenth day of February A.D. 1890 - Imprimis. I desire to confirm the said will by me heretofore save and except as it is altered by the new or changed dispositions made by this present codicil.

1^st I will and bequeath to my son James Blaikie Sclater my gold watch and chain that I now wear.

2^nd As to that portion of my estate which I heretofore desired to be divided for purposes of adequate distribution into ten parts I make the following charges upon it before such division as aforesaid namely:

• I bequeath to the scheme of the Presbyterian Church of Canada the sum of one hundred dollars:
• to my executor to be applied at his discretion for the benefit of the poor of St. John's the sum of fifty dollars
• to my niece Margaret Pearson of Glasgow Scotland the sum of Fifty dollars:
• And to my old servant Harriet Cox the sum of twenty five dollars.

3^rd After payment of the above named charges upon the residue of said portion of my estate so made divisible into ten parts I will and bequeath to my son David Hunter Sclater four tenths to my son William A. B. Sclater two tenths and to my son James B. Sclater four tenths of the same. And I do further declare and express my will desire and direction that if any of my sons should die without issue before the realization and payment to him of his interest in my estate under these presents then the share of such deceased sons or sons shall be judiciously invested in some substantial security or securities at the discretion of my executor and the annual rents issues and profits upon the said investment and the interests or dividends payable thereon shall be payable to the widow or widows of such son or sons during natural life and that upon the death of such widow or widows the principal sum so invested shall enure to the benefit of such of my grandchildren as may then be living or surviving share and share alike.

In witness whereof I have hereunto subscribed my hand this third day of November A.D. 1892. (Sgd) David Sclater. Signed Published and declared by the above named 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 have subscribed our names as witnesses hereto (sgd) Alex. J. W. McNeily (sgd) Bertha M. Tessier.

      I certify the foregoing to be a correct copy of the last will and Testament and Codicil of David Sclater deceased

Registrar

(Listed in the margin next to this will the following)
Fiat
J. S. Winter
J.
Probate
granted to
A. J. W. McNeily
the Executor
Dated
Aug 11^th 1894
Estate
sworn under
$12,100.00