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A Collection of Newfoundland Wills
(V)
James Vigus

 

Will of James Vigus
from Newfoundland will books vol 11 pages 181 to 184 probate year 1918

In re James Vigus       deceased

This is the last Will and Testament of me James Vigus of Burin North, Merchant.

  1. I hereby revoke all former wills by me at anytime made and declare this to be my last will and testament
  2. I hereby appoint my wife Sarah Vigus and my nephew Willis Vigus to be the executors of this my will.
  3. 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.
  4. I give the following specific legacies: -
    [1], to my said nephew Willis Vigus [a] the sum of one thousand dollars in cash [b] my watch and chain.
    [2] 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 said annuity.
  5. 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.
  6. Should my said wife not survive me, I give, in addition to the specific legacies enumerated in paragraph 4 hereof, the following specific legacies:-
    [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 dollars
    [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 Dollars.
    [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.
  7. 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 in full.
  8. 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.
  9. 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 Farewell

Correct Charles H. Emerson Registrar of the Supreme Court of Newfoundland.

(Listed in the margin next to this will the following)
Fiat
Sept 12/18
Johnson J
Probate
Sept 16/18
granted
to Sarah
Vigus Willis
Vigus & Melinda
T. Bowdridge
Estate
$18,585.02

 

 

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: October 11, 2001 (Ivy Benoit)

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