NL GenWeb Wills

Transcribed by Judy Benson. While we have endeavored to be as correct as humanly possible, there may be typographical errors

Newfoundland will books volume 11 pages 425 to 428 probate year 1920.

Will of Will of John Harvey


I John Harvey being of sound mind make this my last will & testament.
1. I name of my wife and my two brothers E.F. Harvey and R.L. Harvey my Executors or the survivors or survivor of them.
2. I authorize my Executors or a majority of them, or of them surviving, to use their own judgment in the interpretation of this will or of any ambiguities in it, and that judgment is to be the final interpretation.
3. My Insurance Policies I leave absolutely to my wife any advances that may exist against them at the time of my death and not yet paid off
20th Dec./18 J. Harvey
prior to my death to be made good from my General Estate before division.
4. To my above named brothers E.F. Harvey & R.L. Harvey or to the one that survives me [if one should predecease me] I leave my holdings of ordinary shares in Harvey & Co. Lim - A. Harvey & Co. Lim - & Harvey's Estate Lim - provided the articles of Association permit this, and provided further that the Directors of these concerns at the time of my death do not object. I leave to their [my said brothers] discretion and goodwill the decision of how much of my Preference Stock [including my preference Trust Stock] they shall eventually assume and 20th Dec./18 John Harvey
over what periods of time they shall pay for it. If both my brothers shall predecease me the said ordinary Stock shall be offered to the chairman of Harvey & Co. Lim with the understanding that he is to arrange for the purchase of my Preference Stock in those concerns with payment over a reasonable number of years. If however any of my heirs prefer to hold and not to realize all or any part of the Preference Stock there shall be no obligation direct or indirect upon the recipient or recipients of my Ordinary Shares to take over that block of Preference Stock appertaining to such heir or heirs.
5. As a question might be raised regarding certain amounts that may be considered as due to me by my
20th Dec./18 John Harvey
Brother E.F. Harvey for funds handed him from time to time I now declare that there are no sums due to me or to my Estate by him.
6. I desire that from my cash deposits with Harvey & Co. Lim provision shall be made for payment of three thousand dollars annually commencing one year after my death and continuing for five years [the total amount of $15,000. Fifteen thousand dollars] to be expended upon the training of the C.of E. R.C. and Meth. School Teachers of Nfld, or upon certain of these Teachers. Any Teacher benefiting thereby should be bound to teach in the Colony for at least three [3] years. While I leave the terms of this Expenditure to the discretion of my Trustees, I suggest 20th Dec./18 John Harvey
without binding them in any way, that any action taken should preferably be undenominational. But if this be found impossible or for any reason likely in their opinion to give disappointing results, I would preferr that the entire three thousand dollars per annum should go to any two denominations who would work together in this matter, and nothing to the third. Failing this and if it is impossible to embrace the three Denominations or any two of them satisfactorily [in the opinion of my Executors] in one place, then I should prefer that the whole three thousand dollars per annum should go to the Teachers of the C.of E.. The point to be aimed at being to improve practical Education in some part or parts of the Colony or the whole Colony. It may be desirable to 20 Dec./18 John Harvey
spend the money upon the Teachers generally or upon a selected number of them.
7. If I predecease my mother I desire to leave her one thousand dollars [$1000.00] per annum while she lives.
8. If my wife predecease me my Insurance Policies are to form a part of my Residuary Estate.
9. My furniture and personal belongings I leave to my wife or if she should predecease me to my Executors surviving.
10. Except in the case of the ordinary Shares provided for in section 4 [four] the amount payable to any legatee who may predecease me is to become 20 Dec. 1/2(?) John Harvey
part of my Residuary Estate.
11. Legacys not exceeding one thousand dollars [$1000.00] to be paid at my Executors discretion within eighteen months of my death.
12. I give my Executors or majority or the survivors or survivor of them full authority such as I have to day myself to vary or to withhold, or even to cancel, at their sole discretion and judgment, any of the legacies dealt with in this my will or in any addendaa or codicil thereto.
13. I authorize my Executors to delay at their discretion [provided they or the survivors of them are unanimous] the payment of any of the legacies provided for in this will or any addenda thereto provided they pay the Legatees annual
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interest upon the amounts involved in each case, such interest to begin to accrue twelve months after my death. The intent and object of this clause is to enable my Executors to exercise the fullest discretion as to the withdrawal of funds from the business of Harvey & Co. Lim and the allied Firms. Presumably they will desire to avoid embarrassing these businesses as I would desire to do myself. The object also is to enable them to control [by means of the exercise of the right herein given to leave funds belonging to my Estate with these Firms at the sole discretion of my said Executors] and to protect the personal interests of E.F. Harvey and R.L. Harvey or either of them, [or otherwise & for other purposes] in connection with the common & ordinary Stock, or the
20th Dec./18 John Harvey future partnership arrangements of the said Firms. The right is therefore given my Executors to retain funds belonging to my Estate in the said businesses and I definitely desire that they should exercise these powers if they desire to do so and for their - J. H. personal interests herein referred to.
14. I desire half of my Residuary Estate to go to my wife. The other half to go to my brothers and sister surviving me. If Eugene predecease me his share to revert to his two sons. Maurice, son of Bernard & Hester to have one half of what Bernards share would have been had Bernard survived me under this clause.
15. My Executors are 20th Dec./18 John Harvey
fully authorized to deal with amounts payable under this will to my Nephews especially, entirely at their discretion, and they will not pay any such legacy if the recipient does not give evidence of good character.
16. My Executors may at their discretion discharge any legacies by handing over Stocks or Shares in lieu of cash.
17. I note in a separate schedule herewith marked A. a number of detailed legacies involving comparatively minor sums.
Signed at St. John's this 20th Dec. 1918. John Harvey.
St. John's Dec. 30th/18. Addenda to my will referred to herein as A.
1. My Executors are not to be held liable for any losses which they may possibly make in carrying out this will or in dealing with my affairs.
2. The following special legacies are to be paid from my Estate at the discretion of my Executors.
3. Clergy Sustentation Fund twenty-five hundred dollars [$2500.00] if possible within two years of my death.
4. Five hundred dollars [$500.00] to each of the following if living. P. E. Outerbridge. Ambrose Gosling Jr. - Dorothy Harvey.
5. Two hundred dollars half yearly to my aunt Mary Walker for her life.
6. To the following old employees and co-workers of Harvey
30 Dec./18 John Harvey & Co. if alive at my death & if still in the employ of the Firm or in War Service overseas the sum of three hundred dollars [$300.00] each. J. A. Branscombe. E. Hawkins. C. Noonan. L. G. Skeans. C. Godden. A G. Williams. F. Cornick. C. Miller. P. Grace. S. Elliott. To the following with the same provisos one hundred and fifty dollars each [$150]. F. Miles. Ring & Wiseman. To the following - same provisos [$100] Miss H. Kelly. Miss Burke and Miss Kelly one hundred dollars each. To Jerry Savage. Tom Hammond and Bob Hammond with the same provisos one hundred dollars each [$100] to my staunch friend & frequent companion Wm Halley with the same proviso two hundred and fifty dollars [$250]
7. To the C.L.B. - three hundred dollars [$300]. To the Bishop F. College Head Master. Three hundred dollars [$300] to be 30th Dec./18 John Harvey
spent [contd] on the College in any way he likes. To the C.of E. Orphanage five hundred dollars [$500.00] and the Methodist and Mt. Cashel two hundred and fifty dollars [$250.00] each. To the Great War Veterans Association two hundred and fifty dollars [$250]. I have not included the Marine Disasters Fund as in my opinion and according to my advice to the chairman of the Marine D. Fund ought long ago to have been dealt with in a business way by a tax on Shipping and not through the uncertain medium of charity. St. John's Nf. Dec. 30th 1918. John Harvey.

Correct William F. Lloyd
Registrar of the Supreme Court of Newfoundland.
(Listed in the margin next to this will the following)
Fiat March 9/20 Chief Justice. Probate granted to Henrietta Gordon Harvey and Edward Field Harvey March 11/20. Estate sworn at $505,826.00

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