Will of Thomas J. Duley  from Newfoundland will books vol 11 pages 418 & 419 probate year 1920

This will was read, recorded and transcribed by JUDY BENSON
While I have endeavored to be as correct as humanly possible, there could be some typographical errors


Will of Thomas J. Duley of St. John's
In re                  
Thomas J. Duley  deceased.

This is the last Will and Testament of me, Thomas J. Duley, of St. John's in the Island of Newfoundland, Jeweler.
1.  I hereby revoke all former wills made and executed by me and Codicils thereto.
2.  I nominate and appoint my dear wife, Phenie C. Duley, my friend, Herbert R. Brooks, of St. John's aforesaid, Accountant, and my son, Cyril C. Duley, to be the executors of this my last Will and Testament.
3.  I give and bequeath unto my said wife, Phenie C. Duley, all and singular my household and personal goods, chattels and effects of every description which shall be contained in my dwelling house and which have not been already conveyed to her by deed of gift and of which I shall die possessed.
4.  I give, devise and bequeath unto my sons Cyril and Nelson all my right, title and interest in and to the trade or business now carried on by me on Water Street in St. John's aforesaid under the firm name T.J. Duley and Company and all my right, title and interest in the lease of the shop and premises now occupied by me and all stock-in-trade, tools and implements contained in the said shop or premises or used in connection with the said trade or business and all book debts and moneys due and payable to me at the time of my death in connection with or in respect of the said business, to have and to hold the same to my said sons Cyril and Nelson absolutely and for ever in equal parts share and share alike SUBJECT nevertheless to the payment of all liabilities due or owing by me at the time of my death in respect or on account of the said trade or business and subject also to the payment in monthly installments of one hundred dollars each by my said sons of an annuity of twelve hundred dollars [$1200.00] to my said wife during the term of her natural life or until such time as she may marry again in the event of either of which the said payments shall forthwith cease.
5.  I give, devise and bequeath all the rest, residue and remainder of my estate and effects to my said executors upon trust to convert the same or such portion or portions thereof as they shall deem desirable into money and after the payment of my funeral and testamentary expenses and debts to invest the same in good and proper securities and from the rents, interest, profits and proceeds thereof
 [1]   to pay to each of my daughters, Gladys M. and Margaret I., the sum of two hundred and fifty dollars  [$250.00] per annum during the lifetime of my said wife or until such time as she shall remarry and
 [2]   to pay the remainder of the said income to my said wife for and during the term of her natural life and whilst she shall remain a widow and upon the death or remarriage of my said wife to divide the residue of my estate between my daughters Gladys M. and Margaret I. in equal parts, share and share alike.
Witness my hand at St. John's this 28th day of October Anno Domini one thousand nine hundred and nineteen.  Thomas J. Duley.  Signed published and declared 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 subscribed our names as attesting witnesses.  M. Keppie.  Chas E. Hunt.        

Correct William F. Lloyd
Registrar of the Supreme Court of Newfoundland. 
(Listed in the margin next to this will the following)
Fiat Feb. 6/20
Kent J.
Probate granted
to Phenie C.
Duley.  Herbert
R. Brooks and
Cyril C. Duley
Feb. 7/20.
Estate sworn
at $49,988.49

© 2003 Judy Benson and NL GenWeb