Will of James Vigus
from Newfoundland will books vol 11 pages 181 to 184 probate year
In re James Vigus deceased
This is the last Will and Testament of me James Vigus of
Burin North, Merchant.
- I hereby revoke all former wills by me at anytime made and declare
this to be my last will and testament
- I hereby appoint my wife Sarah Vigus and my nephew Willis
Vigus to be the executors of this my will.
- In the event of the death of my said wife Sarah Vigus before
application is made to the Supreme Court for a Judge thereof for
the probate of this my will, I appoint my said wife's niece, Melida
I. Bowdridge to be the executrix hereof jointly with the said Willis
Vigus in the place of my said wife in that recent deceased.
- I give the following specific legacies: -
, to my said nephew Willis Vigus [a] the sum of one thousand
dollars in cash [b] my watch and chain.
 to my executors a sum of money sufficient to purchase an annuity
of twenty dollars per year for my sister Bridget Wagg during
her lifetime; which said sum my executors shall immediately invest
with some Canadian Life Insurance Company for the purchase of the
- Should my said wife Sarah Vigus survive me, I give, devise
and bequeath to her, subject to the specific legacies enumerated
in paragraph 4 hereof, all my land, tenements and hereditaments;
also all my business premises, books-debts, stock, goods, wares
and merchandise, schooner, fishing year and outfit; also all my
moneys, negotiable instruments, stocks and bonds, shares in companies,
securities for money, and all investments of whatsoever nature
and kind, also all my household furniture, goods, chattels and
personal effects; and also all the rest, residue and remainder
of my estate of whatsoever nature and kind and wheresoever situated.
- Should my said wife not survive me, I give, in addition to the
specific legacies enumerated in paragraph 4 hereof, the following
[a]. To my sister Bridget Wagg the sum of fifty dollars
[b]. To my nieces Bessie Magee, Sylvia Mitchell, Beatrice Mitchell,
Mabel Vigus, Vertie Vigus, Melinda Parsons and Martha Philpson the
sum of Fifty Dollars each.
[c] To my nephew's James Mitchell, Robert W. Collins, William
C. Collins and Richard Collins, the sum of Fifty Dollars each
[d] To my nephew's George Vigus, John Vigus and Frederick Collins the
sum of one hundred Dollars each.
[e] to my nephew's Richard Wagg and Robert Wagg the sum
of Two Hundred Dollars each.
[f] To my said nephew Willis Vigus the sum of Four Hundred
[g] To my executors, to be invested in approved trustees securities
the assured income to be expended at their discretion, to keep
my lot in the Burin Cemetery in order, the sum of One Hundred Dollars.
[h] To the trustees of the Methodist Church at Burin, for such
uses in connection with the said Church as they may determine,
the sum of Two Hundred Dollars
[i] To my wife nephews George Tipple, Thomas Tipple, Harold
Tipple, Austin Tipple and Frederick J. Tipple [all sons of
Edward Tipple] the sum of Fifty Dollars each.
[j] To my wife's neices Ellen J. Piercy and Dora Tipple the
sum of Fifty Dollars each.
[k] To my wife's niece Susan M. McLean the sum of One Hundred
[L] To my wife's nieces Matilda G. Bowdridge and Louisa V. Bowdridge the
sum of One Hundred and Fifty dollars each.
[m] To my wife's nephew Frederick J. Tipple [son of Thomas
Tipple] the sum of Eight Hundred Dollars.
[n] To my wife's brother, Edward Tipple, the sum of Three
Hundred and Fifty Dollars.
[o] To the Trustees of the Methodist Church at Burin, in memory
of my wife, for such uses in connection with the said Church as
they may determine, the sum of One Hundred Dollars.
- In the event of the net realization of my estate falling short
of the sums necessary for the payment in full of all the legacies
enumerated in paragraph 6 hereof [the legacies enumerated in paragraph
4 hereof having been first paid in full]: I direct that the legacies
named in paragraph 4 be first paid and given to the parties therein
named, and the entire residue of my estate divided amongst all
the legatees named in paragraph 6 hereof in proportion to the amount
of the legacy to each named in the said paragraph; and in the event
of the net realization of my estate exceeding the sums bequeathed
under this will, I direct my executors to divide the residue among
all of the legatees named in paragraph 6 hereof in like proportion
as the said legatees would suffer loss in the event of the net
realization of my estate paying insufficient to pay the legacies
- While I leave the matter of the binding up of my estate entirely
to the common sense and the business discretion of my executors,
yet I suggest to them the advisability of binding it up in such
a business like and leisurely manner as they may deem best in the
interests of the estate, having regard to the fact that I would
like to see my nephew Willis Vigus, in so far as his financial
and business ability would permit, buy out from my estate, and
carry on in the name of Vigus, the business which is now being
conducted by me at Burin.
- In an attempt to make my intentions abundantly clear, I repeat
that the bequests named in paragraph 4 of this will are to take
effect in priority to all other bequests and irrespective of whether
my wife survives me or does not survive me; paragraph 5 is to take
effect if my wife survive me and stands null and void and of no
effect is she does not survive me; paragraph 6 is to take effect
if my wife does not survive me, and stands null and void and of
no effect is she does survive me.
In testimony whereof I have hereunto subscribed my hand, this seventeenth
day of January A.D. 1917. James Vigus. Signed by the said Testator
as and for his last will and testament, in the presence of us, who,
in his presence, at his request, and in the presence of each other,
have hereunto our names subscribed as witnesses Louise Sanders of
St. John's, Clerk to R.A. Squires, Richard Anderson Squires of
St. John's Solicitor
Whereas I James Vigus did on the seventeenth day of January
A.D. 1917 make my last will and testament I do by this writing change
certain things therein and add this codicil to my said will to be
taken as a part thereof. I desire that the amount left to my wife's
niece Matilda L. Bowdridge be One Thousand Dollars besides
the One Hundred and Fifty Dollars named in paragraph 6 and that this
sum be paid her before the residue of estate is divided among those
named in paragraph 6. Also that Two Hundred Dollars be invested by
my executors to keep my lot in the Burin Cemetery in order and One
Hundred Dollars be given to the Trustees of the Methodist Church
instead of as the amounts are named in paragraph 6 of my will. I
also desire that all the legacies and bequeathed by me in paragraph
6 be given to the legatees as the amounts are named there, if there
is a sufficient sum to pay them; but in the event of the net realization
of my estate exceeding the sum bequeathed under my will I direct
my executors to divide the residue as follows:-To give my wife's
nephew Frederick J. Tipple [son of Thomas Tipple] the sum
of Two Hundred Dollars, and whatever is then left to be equally divided
between my nephew Willis Vigus and my wife's niece Melinda
L. Bowdridge instead of paying the various legatees mentioned
in paragraph 6 the benefit of the proportion of anything that my
estate may realize over the sum bequeathed under my will. In testimony
whereof I have hereunto subscribed my hand this twenty third day
of August A.D. 1917 James Vigus. Signed by the said Testator
as and for a codicil to be annexed to his last will and testament
in the presence of us, who, in his presence, at his request, and
in the presence of each other, have hereunto our names subscribed
as witnesses. William G. Hollett Burin, Merchant Lydia
Hollett Burin, wife of William G Hollett. I wish my neice Melida
G. Bowdridge, to act with my wife and Willis Vigus as
Executors to my will. James Vigus witness Una Tipple Minnie
Correct Charles H. Emerson Registrar of the Supreme Court
(Listed in the margin next to this will the following)
Vigus & Melinda