NL GENWEB

Transcribed by Judy Benson & Ivy Benoit. While I have endeavored to be as correct as humanly possible, there could be some typographical errors

Newfoundland will books volume 8 pages 563 to 567 probate year 1909

Will of Augustus W. Harvey

In re: AUGUSTUS W. HARVEY. DECEASED

I A.W. Harvey being of sound mind make this my will and testament I give to my dear wife Elizabeth Gertrude Harvey all my household furniture plate and all things pertaining to my house except the family portraits which I desire to go to my eldest surviving son. To my dear wife I also give my horses and carriages and all things pertaining thereto. My Insurance policies in the Standard, Mutual and Equitable Companies are all in her favor and will be her property but I recommend that the proceeds of these policies should be invested in the names of trustees hereinafter suggested in such manner as to secure to her an income of Four thousand dollars a year during her lifetime or as long as she may continue a widow without any power of forestallment. But if the interest on these amounts should not amount to four thousand dollars per annum I suggest that a portion of the funds may be used to purchase an annuity which shall with the balance of interest on this amount provide the income of Four thousand dollars per annum.

I also suggest that the deed of trust provide that if and when she marry again the one half of the yearly income be paid to our daughter Gertrude if unmarried and until she is married. If Gertrude be married or when married I suggest that the principal sum which provides this half income become a part of my residuary Estate.

At my wifeís death I suggest that the Trust deed above referred to provide that the principal sum should still be vested in the trustees and one half the income from the said trust amount be paid to our daughter Gertrude during her lifetime or until she marry and that the other half be appropriated to the maintenance and Education of Bernard Matheson Harvey and Raymond Harvey until Bernard shall have arrived at the age of twenty one years and of Raymond until he shall also have arrived at the age of twenty one years.

I suggest that the trustees under the proposed deed should be Viola Gertrude Harvey. A John Harvey Eugenius Harvey and Edward Feild Harvey.

Nearly the whole of my Capital being invested in the firm of Harvey Co and Harvey Co having large sums of money in their hands the property of different members of the family I desire that if my son or sons are interested in Harvey Co to the extent of one half of the business he or they shall not be required to pay out any considerable part of the said capital within five years of my death to allow of the paying out the amounts due to the family. After a period of five years from my death my son or sons so holding the one half interest in the business of Harvey Co may then be required by any other child or children to pay out to him or them one sixth part annually of the share or shares to which such child or children are entitled under my will. But my son or sons interested in Harvey Co shall pay interest half yearly at the rate of five per cent per annum on the amounts to which such child or children are entitled during the whole time these amounts or any part thereof remain in the hands of Harvey Co.

Out of the property which I may be possessed of I desire my Executors to apportion sufficient funds to provide my daughter Gertrude an income of six hundred dollars per annum and the amount to be held in trust and free from the control of her husband (if married) and without any power of forestallment but she may dispose of the principal sum at her death in any way she may desire. The investment of this amount may be in real Estate (the trustees being personally responsible for such buildings being covered by fire Insurance) such as Om??? or the freehold portion of the St. Johnís premises. This provision is made in order that John or any other of my sons who are of the firm of Harvey Co may retain the use of as much capital as possible to carry on that business.

The residue of my estate I desire to be divided in six equal shares and to become the property of our six children share and share alike but no child who is not of the full age of twenty one years is to receive his portion during his minority. the interest from the share pertaining to any child not of age may be used for the purpose of his Education and maintenance during his minority Any of my children dying childless or unmarried such childís share of my estate I desire to be divided in equal parts between his sister and brothers share and share alike. I appoint my dear wife Executrix and my sons who are of age my Executors to carry out this will and its trusts. Saint Johnís N.F. Feby 28th 1895 (sgd) A.W. Harvey -

Codicil. If the amounts receivable under my life policies do not provide a capital sum sufficient to give my dear wife four thousand dollars a year clear. I desire that income to be made up to her out of my general Estate 28 Feby 1895. A.W. Harvey -

Codicil. Dec 23 1900. I am receiving £1452. 6. 8. from the Estate of Mrs Mary Brett and I desire that amount at my decease to be divided in four equal parts and one part to be paid to each of the following persons V Gertrude Harvey Minnie Matheson Jas. (In the margin on this page - note - this codicil is to be read after the next codicil D.M.B.) May Matheson Grace Matheson. A.W. Harvey -

Codicil May 20. 1900. My son Eugenius Harvey has at his debit a considerable amount in Harvey Coís books for deficit on his business in Bermuda & Barbados & insomuch as he has had much less money from me for education & maintenance then my other children this amount is to be paid out of my general Estate before division and not to be charged against Eugene Harvey - A.W. Harvey.

Certified correct, D. M. Browning Registrar
(Listed in the margin next to this will the following)
Fiat March 26/09 Johnson J. Probate March 27/09 granted to John Harvey reserving the rights of the other Executors appointed by the will Estate sworn at $93,496.00

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