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A Collection of Newfoundland Wills
(S)
James Summers

 

Will of James Summers
from Newfoundland will books volume 8 pages 45 & 46 probate year 1906.

In the Estate of
     James Summers       deceased.

I James Summers of St. John's in the Island of Newfoundland Grocer made this my last will and Testament. I give devise and bequeath to my executors hereinafter named all the property of every description of which I may die possessed and the proceeds of all Life Insurance policies on my life To hold the same in trust for the following purposes
First. To pay all my lawful and just debts.
Second To hold my Furniture and stock in trade in Trust for the support and maintenance of my wife Elizabeth and of such of my children herein named as may be alive at the time of my death viz Margaret, Agnes, George, Robert and Augustine. It is my will and desire that my wife should continue the grocery business conducted by me under the supervision of my executors for the support of herself and my before named children until they are in a position to earn for themselves.
Third I direct my executors to apply the proceeds of my Life Insurance as follows: To apply the sum of $500 in payment of business and other debts if any and to place the sum of one hundred Dollars each in the Newfld Savings Bank in Trust for my said children Margaret, Agnes, George, Robert and Augustine until they shall attain the ages of Twenty-one years respectively. If the sum of $500 should prove insufficient to pay my business debts then my executors shall deduct an equal proportion from the said shares of $100 each and place the balance in the Bank if more than sufficient the balance of the said $500 shall be divided between in equal shares and added to the said one hundred dollars. If any of the before named children should die before me the shares shall be reduced accordingly and the sum of $1000 herein disposed of divided according to the number of my before named children alive at the time of my death. And if any of the said children should die before reaching the age of Twenty-one years it is my will that his or her share shall be divided between the children then alive mentioned in this paragraph in equal shares.
I appoint my brothers Michael J. Summers of Water Street and Patrick J. Summers Barrister Executors of this my will. James Summers.
Signed published and Declared by the Testator as and for his last will and Testament in our presence who in the presence of the Testator and of each other then and there signed our names as witnesses thereto at Saint John's aforesaid this Fourth day of May. Anno Domini one thousand eight Hundred and ninety-eight William Summers    Denis Summers.

I certify the foregoing to be a correct copy of the last will and Testament of James Summers
End D.M.B     D. M. Browning
Registrar

(Listed in the margin next to this will)
Fiat
July 6/06
Johnson J.
Probate
granted to
Michael J.
Summers
Patrick J.
Summers
on the 9th
day of July
AD 1906.
Estate
sworn at
$3273.00

 

 

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 and Ivy F. Benoit

Page Revised by Ivy F. Benoit (November 22, 2002)

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