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A Collection of Newfoundland Wills
(W)
Arthur L. Whiteley

 

Will of Arthur L. Whiteley from Newfoundland will books volume 8 pages 42 & 43 probate year 1906.

In the Estate of
     Arthur L. Whiteley       deceased.

This is the last will of me Arthur L. Whiteley of St. John's in the Island of Newfoundland and I revoke all former wills by me made. I give all my property to my dear wife Agnes M. Whiteley and appoint her the sole executrix of this my will. But should my said wife predecease me I appoint my father William H. Whiteley and my brother George C. Whiteley (hereinafter called "my trustees" to be the executors and trustees of this my will and I give all my property to my trustees in trust for my children Flora McK. Whiteley   William Henry Whiteley and John M. Whiteley:

  • Firstly in trust to "use the said property (hereinafter called "the principal") in a manner best adapted to produce a secure yearly income and to apply the net amount of said income in equal shares for the maintenance of my said children or the survivors or all of it for the survivor of them until the first day of January nineteen hundred and fourteen or pay over annually the said income in equal shares to my said children or the survivors or all of it to the survivor of them until the said last named year which ever my said trustees may deem best.
  • Secondly, in trust to apply (if the said income be not sufficient for the said maintenance or my trustees deem it wise for the better advancement preferment or benefit of any or all my children) part of the said principal for the said purposes. But any sum or paid out of the principal to any of my said children will be considered as part of the share to which he or she would be entitled in distribution on the second day of January nineteen hundred and fourteen of the said principal if no such call on the principal had been made.
  • Thirdly In trust to distribute on the second day of January nineteen hundred and fourteen the said principal or as much of it as there remains in my trustees hands, amongst my said children or the survivors of them in such shares that the share of each child together with the amount advanced to him or her (if any) will be equal with that of each of the others or that of the other; and if only one of my said children be living on the said last named date to give or put him or her in possession of the whole of the said principal or as much of it as then remains in my trustees hands
  • Fourthly If all my said children should die before the said last named date, to pay the said income to my children's aunt Anne Martin for her life time and after her death the said principal may be disposed of as my trustees or the survivor of them then desire or by the will of the survivor may so appoint. The survivor of my trustees may by writing (either by deed or testamentary) appoint one or more trustees to carry out the said trusts.

In witness whereof I have set my hand to this my will the sixteenth day of January Anno Domini nineteen hundred & two Arthur Whiteley
Signed by the above named Arthur L. Whiteley as his last will in the presence of us both being present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as witnesses (the word "trusts" being interlined on the third last line of this page) Jas. J. McGrath   Edward F. Whiteley

I certify the foregoing to be a correct copy of the last will and testament of Arthur Whiteley
End D.M.B.      D. M. Browning
Registrar

(Listed in the margin next to this will)
Fiat
July 2/06
Emerson J.
Probate
granted to
Agnes
Whiteley
on the 4th
day of July
A.D. 1906
Estate
sworn at
$2740.00

 

 

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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