Will of William J. Clouston from Newfoundland will books vol
11 pages 270 to 273 probate year 1919
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 William J. Clouston of St. John's
William J. Clouston deceased
This is the last will and testament of me William J. Clouston
of St. John's Tinsmith. I revoke all wills heretofore by me made.
I appoint the Eastern Trust Co. the Executors of this my last will.
I give devise and bequeath to my Executors everything of which I shall
die possessed whether real or personal or chattel real Upon Trust.
1. To pay all my just debts funeral and testamentary expenses.
2. To pay to the following persons who have been my faithful
servants the following amounts, viz:- to Thomas Davidson one
hundred dollars, to Samuel Tizzard one hundred dollars, to George Martin
one hundred dollars, and to Edward Coleman one hundred dollars.
3. To sell and dispose of my leasehold property situated on Water
Street in the town of St. John's and purchased by me from one (?)McCoubry
and to divide the proceeds thereof between my wife Charlotte Clouston and
my children Walter, Margaret and William share and share alike.
4. To divide my monies on deposit in the Savings Department of
the Bank of Montreal between my wife Charlotte Clouston and my children
Walter Margaret and William share and share alike
5. To transfer my shares in the Newfoundland Consolidated Foundry
Co. Ltd., the St. John's floating dock, and St. John's Nail Manufacturing
Co. Ltd. to my wife Charlotte Clouston absolutely.
6. To transfer my five hundred dollars in the Victory Loan
to my granddaughter Ruth daughter of my son Walter Clouston and to hold
the same and all dividends accruing therefrom or from any investments of
the interest on the said loan or substitution for the said loan until she
attains the age of twenty one years when the said investments or the proceeds
of the realization of the same are to be handed over to her.
7. To transfer to my son Walter Clouston part of the western
portion of my Queen's Road property with all buildings and erections thereon
which piece or parcel of land is bounded on the North by Queen's road on
the west by Cathedral Street by which it measures 25 ft on the South by
other land of Testator and on the East by the west end of my dwelling house
and a line being the continuation of the line of the west end of my dwelling
house to a point 25 feet from Queens Road together with a right-of-way
through the gateway on Cathedral Street to the rear of the said land hereby
8. To hold without impeachment for waste my dwelling house and
premises on Queens Road [exclusive of that portion bequeathed to my son
Walter by par. 7] together with all the furniture and furnishings therein
contained for the use of my wife Charlotte Clouston during her lifetime
while she remains unmarried and upon her death or remarriage to transfer
the same to my daughter Margaret and my son William share and share alike.
The piano in the house is my daughter Margarets and she has full right
to remove the same from the house should she desire to do so.
9. (?)Touching my business on Water St in which I include my freehold
property on the corner of Water Street and Market House Hill as well as
my plant machinery stock in trade and book debts it has always been my
earnest desire that after my death the business should be carried on under
the old name of my son Walter and William in partnership and that William
should take my place in looking after his mother and sister. Recognizing
however the possible difficulties of carrying out my wishes I direct my
Executors to carry on the business with my son Walter as manager until
the end of the current year of my death and then to realize the freehold
property on the corner of Water Street and Market House Hill and all plant
machinery stock in trade and all other assets of the business and to transfer
one half the proceeds to my son Walter. The other half resulting
from the sale of said business assets is to be held and invested by them
in good safe and reliable securities and the income arising therefrom to
be paid to my wife Charlotte Clouston during her lifetime whilst she remains
unmarried and upon the death or remarriage of my wife Charlotte Clouston
the said fund is to be paid over to my son William Clouston. Should
my son Walter wish to purchase the one-half interest in the business left
to my son William subject to his mother's interest therein it is my desire
that my Executors shall give him a reasonable time to make payment for
the same provided he gives good and approved security for the said payment
and pays interest in the meantime on such amounts as shall from time to
time be due at the rate of seven per centum per annum. Should my
sons Walter and William be able at any time to come to an agreement to
carry on the business in partnership my said Executors upon being authorized
by my wife Charlotte Clouston so to do and being released by her from all
claims and demands with respect to their actions may immediately transfer
the said half interest in the business or the proceeds arising from the
sale or realization of the same [now subject to my wife Charlotte Clouston's
interest therein] to my said son William Clouston absolutely.
10. All my debts and all charges in connection with the administration
of my estate and the legacies provided in par. 2 of this my last will are
to be paid out of my current account at the Bank of Montreal. Should
the amount on current account at the Bank of Montreal be insufficient to
meet all the above-mentioned claims and charges any deficit must be taken
from the proceeds of the realization of my business before it is divided
as I have directed in par. 9 of this my last will. Any balance of
cash on current account remaining after payment of all the above claims
and charges is to be considered part of my business assets and subject
to the devise under par. 9.
11. In case it should be necessary for the purpose of carrying
out more expeditiously this my last will that a guardian or trustee should
be appointed for any of the beneficiaries hereunder I also appoint my said
Executors guardians and trustees for any of the said beneficiaries.
12. Should my son William not survive me all his interest under
this my will shall be transferred to his sister Margaret Clouston.
13. All the rest residue and remainder of my estate is to be
divided between my wife Charlotte Clouston and my children Walter Margaret
and William share and share alike. In witness whereof I have hereunto
subscribed my hand at St. John's this 1st day of July 1918. William
J. Clouston. Signed published and declared by the testator as and
for his last will and testament in the presence of us who in his presence
and in the presence of each other at his request have hereunto subscribed
our hand as witnesses Hettie Vincent 127 Bond St.
J.A.W. McNeily of St. John's Solicitor.
Correct William F. Lloyd
Registrar of the Supreme Court of Newfoundland.
(Listed in the margin next to this will the following)
Eastern Trust Co.
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