In re: CHARLOTTE FOOTE. DECEASED.
This is the last will and testament of me, Charlotte Foote, of Springdale Street, St. Johnís, widow of the late James H. Foote.
1. I hereby revoke all former wills by me at any time made and declare this to be my last will and testament.
2. I hereby nominate, constitute and appoint my nephew, Herbert James Taylor, son of John and Catherine Taylor, to be the sole executor of this my will.
3. I direct my executor to pay all just debts as speedily as possible after my decease and to expend a sum of money not exceeding two hundred and fifty dollars for the erection in the General Protestant Cemetery of a monument to my husband and myself unless arrangements for the erection of a monument shall have been made by me previous to my decease. I also authorize my said executor to charge as a remuneration for his services in connection with the management and winding up of my estate a commission of five per cent on gross proceeds.
4. I hereby give, devise and bequeath the following specific legacies:-
- (a) To my said nephew Herbert James Taylor the house numbered 62 Pleasant Street, at present occupied by Thomas Warfield, together with the land used as a site thereof and appertaining thereto.
- (b) To my said nephew Herbert James Taylor the two tenement house Nos. 54 and 56 Pleasant Street at present in the occupation of one Foley together with the land used as a site thereof and appertaining thereto
- (c) To my niece, Elizabeth Taylor daughter of the said John and Catherine Taylor, the house numbered 56 Springdale Street, now occupied by Stephen Tucker, and also the house numbered 58 Springdale Street, now occupied by me, together with the land used as sites thereof and appertaining thereto.
- (d) To Herbert John Taylor, son of Orestes Taylor and known as "John Taylor the Diver" the houses number 51, 53 and 55 Springdale Street, together with the land used as sites thereof and appertaining thereto, In trust for his son Orestes Taylor, who is now about nine years of age, until the said Orestes Taylor shall have reached the full age of twenty-one years; and on the said Orestes Taylor reaching the age of twenty-one years, I give, devise and bequeath the said houses and lands to him absolutely. Should the said Orestes Taylor die before reaching the full age of twenty-one years, I give, devise and bequeath the said houses and lands to the said Herbert John Taylor, his executors, administrators and assigns absolutely
- (e) To Frances Thompson, wife of William Thompson, Farmer of Cherry Hill, St. Johnís, the house numbered 40 Alexander Street, together with the land used as a site thereof and appertaining thereto.
- (f) To Maxwell Taylor and Harry Taylor, sons of Captain Orestes Taylor, who was my adopted son, the sum of Five hundred dollars each. And I hereby direct the said Herbert James Taylor, my executor named herein, to invest the said sum of five hundred dollars each hereby bequeathed to the said Maxwell Taylor and Harry Taylor, in such trust investment as he may select, and at his sole discretion to apply the principal and interest to the support, maintenance and education of the said Maxwell Taylor and Harry Taylor, or otherwise, as he may consider in the best interests of the said minors.
- (g) To Charles Taylor, the son of Reuben and Jeanette Taylor, the sum of two hundred dollars.
- (h) To Maria Freeman, usually known as "May Freeman" wife of Robert Freeman of Victoria Street, the sum of two hundred dollars.
- (i) To my said niece Elizabeth Taylor all my household furniture, goods, chattels and effects situate in and upon the dwelling house now occupied by me, or which may hereafter be acquired by me and stored or used at any other place, absolutely.
- (j) To Stephen Tucker of St. Johnís, accountant, one hundred dollars.
5. All the rest, residue and remainder of my property, both real and personal, of whatsoever nature and kind and wheresoever situate, I direct my executor to sell and convert into cash (except such as may already be cash in hand or on deposit) at such time of times as my executor in his sole discretion may consider most advantageous in the interest of my estate.
6. The entire proceeds of the sale of my property as directed in paragraph 5 hereof together with such moneys and all other property not hereinbefore bequeathed I give, devise and bequeath as follows:-
- (a) To my servant, Elizabeth Gushue Taylor, the sum of two hundred dollars.
- (b) To Joshua Hookey of St. Johnís, Broom-maker, the sum of two hundred dollars.
- ( c) To my brother Charles Parsons of Charles, the sum of Five hundred dollars.
- (d) To Jeanette Taylor, wife of Reuben Taylor, the sum of two hundred dollars.
- (e) To the general funds of the Methodist Orphanage, the sum of three hundred dollars
7. All the rest, residue and remainder of my property, goods, chattels and effects I give, devise and bequeath to Maxwell Taylor and Henry Taylor the sons of Captain Orestes Taylor who was my adopted son, to be divided equally between them. In witness whereof I have hereunto subscribed my hand at St. Johnís this 25th day of October, A.D. 1912. Charlotte A. Foote Signed by the said testatrix as and for her last will and testament in the presence of us who at her request and in the presence of the testatrix and each other have hereunto subscribed our names as witnesses. Daniel F. Kent, Clerk of the Supreme Court of St. Johnís. Richard Anderson Squires, Solicitor, St. Johnís.
Charles H. Emerson
Registrar of the Supreme Court of Newfoundland
(Listed in the margin of this will)