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A Collection of Newfoundland Wills
(T)
James J. Tobin

 

 

Will of James J. Tobin
from the Newfoundland will books volume 12 pages 162 to 164 probate year 1922

In re JAMES J. TOBIN.      DECEASED.

I James J. Tobin of St. John's in the Island of Newfoundland gentleman hereby revoke all former wills codicils and testamentary dispositions made by me and declare this to be my last will and testament.

  1. I appoint my three sons John M. Tobin, Denis D. Tobin and Michael P. Tobin to be executors and trustees of this my will.
  2. I direct my executors to pay all my just debts funeral and testamentary expenses as soon as may be convenient after my decease.
  3. I give devise and bequeath until my son Michael P. Tobin absolutely:
    1. All that piece or parcel of land owned by me and at present occupied by him situate on the East Side of Barnes' Road in st. John's aforesaid together with the dwelling house garage workshop and all other buildings and erections thereon and all plant machinery equipment fixtures and fittings on the said premises contained.
    2. All that piece or parcel of land owned and formerly occupied by me situate on the North Side of Pennywell Road in st. John's aforesaid together with the dwelling house stables and all other buildings and erections thereon.
    3. All and singular the policies of insurance on my life held by me in The Sun Life Insurance Company of Canada, The New York Life Insurance Company, The Equitable Life Insurance Company, and The Mutual Life Insurance Company of New York, and all monies due or payable thereunder or by virtue thereof; and
    4. Thirty nine (39) shares held by me in The Robinson Export Company of Boston.
  4. I give and bequeath unto my son Denis D. Tobin absolutely:
    1. Twenty (20) bonds of the Dominion of Canada of the face value of one thousand dollars each.
    2. Five (5) bonds of the City of Halifax of the face value of one thousand dollars each.
    3. Fourteen (14) bonds of the Government of Newfoundland of the face value of One Hundred Dollars each.
    4. Five (5) bonds of the Government of Newfoundland of the face value of One thousand Dollars each.
    5. Three (3) bonds of the Roman Catholic Episcopal Corporation of St. John's of the face value of One Thousand dollars each.
    6. Two (2) bonds of the Camaguey Electric Company of Cuba of the face value of Five Hundred Dollars each; and
    7. Twenty (20) shares in the Drummond Department Building of Montreal of the face value of One Hundred Dollars each.
  5. I give devise and bequeath unto my son John M. Tobin absolutely:
    1. All that piece or parcel of land owned and occupied by me situate on Duckworth and Holloway Streets in St. John's aforesaid and bounded as follows, that is to say, on the East by property of the Connolly Estate, on the South by Duckworth Street aforesaid, on the West by Holloway Street aforesaid, and on the North by a lane or right of way, together with the shop and dwelling house numbered 178 Duckworth Street and all other buildings and erections thereon.
    2. All that piece or parcel of land owned by me and situate on Prospect and Holloway Streets in St. John's aforesaid and bounded as follows, that is to say, on the East by property in the occupation of one Goodland, on the South by a lane or right of way, on the West by Holloway Street aforesaid, and on the North by Prospect Street aforesaid, together with the dwelling houses and all other buildings and erections thereon.
    3. All that piece or parcel of land owned by me and situate on the South Side or Duckworth Street and on the East Side of Holloway Street in St. John's aforesaid and bounded as follows, that is to say, on the East by property formerly of the Farrell Estate, on the South by property in the occupation of Steele and Brownrigg, on the West by Holloway Street aforesaid and on the North by Duckworth Street aforesaid, together with the warehouse and shop numbered Duckworth Street and all other buildings and erections thereon.
    4. All and singular my household furniture goods chattles and effects of what kind soever and wheresoever situate; and
    5. All and singular my stock goods chattles and effects in trade, my book debts and all moneys due or payable on account thereof, cash on hand, cash in banks, and stocks shares and bonds not herein otherwise specifically bequeathed.
  6. I give devise and bequeath unto my executors all my right title and interest in and to all these timber properties held by me situate on Gilbert River, Labrador, and at present under development operation or control by or of the Pulp and Paper Corporation of America under agreement with The Belle Isle Straits Pulp and Lumber Company, Limited, and all shares stocks and interest held by me in the said The Belle Isle Straits Pulp and Lumber Company, Limited, and in the said The Pulp and Paper Corporation of America, and all moneys payments and dividends due or payable to me therefrom or thereunder upon trust to sell call in and convert the same into money at such times and in such manner as my executors in their own absolute discretion shall deem proper, and to stand possessed of the proceeds of such sale calling in and conversion upon the following trusts, that is to say,
    1. Upon trust to pay thereout the following legacies to the persons and parties hereinafter mentioned, namely,
      to my brother Thomas the sum of One Thousand Dollars ($1000)
      to my brother Denis the sum of Five Hundred Dollars ($500)
      to my brother Michael the sum of Five Hundred Dollars ($500)
      to my sister Mary Kielly the sum of Five Hundred Dollars ($500)
      to the children of my sister Kattie Lynch living at my death the sum of One Thousand Dollars ($1000) to be divided equally between them share and share alike,
      to Margaret Tobin and Bridget Josie Hiscock daughters of the late Michael Tobin the sum of Five Hundred Dollars ($500) each,
      to Mrs. William Tobin, Mount Pearl the sum of Five Hundred Dollars ($500)
      to Bride Dooley the sum of One Thousand Dollars ($1000)
      to Mary Dooley daughter of the late Michael Dooley the sum of Five Hundred Dollars ($500)
      to Rt. Rev. Monsignor Thomas V. Tobin, Little Rock, the sum of One Thousand Dollars ($1000)
      to Mount Cashel orphanage St. John's, the sum of One Thousand Dollars,
      to Belvidere Orphanage, St. John's, the sum of Five Hundred Dollars ($500) and
      to the Church of England Orphanage, St. John's, the sum of Two hundred and Fifty Dollars ($250)
    2. Subject to the payment of the above mentioned legacies enumerated in paragraph (A) hereof, upon trust to pay and divide the balance of the proceeds of such sale calling in and conversion remaining over after payment of the said legacies to and between my three sons, John M. Tobin, Denis D. Tobin and Michael P. Tobin, equally, share and share alike.
  7. The rest residue and remainder of my estate I give devise and bequeath unto my son John M. Tobin absolutely.
  8. I direct my son John M. Tobin to have Two Hundred Requiem Masses said for the repose of the souls of my wife and myself.

In witness whereof I have hereunto set my hand at St. John's aforesaid this forth day of January A. D. One Thousand Nine hundred and Twenty Two. JAS. J. TOBIN.
Signed by the above named testator as his last will in the joint presence of himself and us who at his request and in such joint presence have hereunto subscribed our names as witnesses. The said will consisting of five pages each page thereof signed by the testator and initialled by us. Henry J. Brownrigg    Cyril James Fox.

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

(Listed in the Margin next to this will the following)
Fiat Feby 4/22
Kent J.
Probate granted
to John M. Tobin
Michael P. Tobin
and Denis D. Tobin
Feby 11/22.
Estate sworn
at $122,924.00

 

 

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

REVISED BY: Ivy F. Benoit June 28, 2002

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