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 10 pages 349 to 353 probate year 1915
|Will of Edward Kennedy|
In re: EDWARD KENNEDY. DECEASED.
I give and bequeath unto my daughter Maria A. Kennedy now a professed nun of the Order of St. Joseph in the Province of Ontario, Canada, two hundred dollars. This bequest of two hundred dollars to constitute the sum total of her interest under this my will as she has already received a considerable sum of money upon her entrance into the religious life.
I give, devise and bequeath unto my sister, Mary Kennedy, if she be alive after my decease the sum of two hundred dollars.
I direct my executors and trustees hereinafter named to invest and keep invested the sum of Two thousand dollars ($2000) and to pay the net annual income arising therefrom for the upkeep of the parish Church buildings of the Parish of Avondale. The said Parish as at present constituted to be the scene of such expenditure only; or for the personal support of the priest of said parish if necessary. The Bishop of the Diocese to which the said Parish belongs or may in the future be long, shall determine to which of the above mentioned objects the income derived from the said sum of Two thousand dollars shall be devoted, and the said income shall be paid annually by my said executors and trustees in accordance with the decision of the said Bishop. Provided the Priest who may have charge of or administration of said Parish, is not to receive the income of such investment unless he reside in said Parish of Avondale; provided however that the payment of the said income is conditioned upon the performance or celebration of ten Masses (say what is termed Requiem Masses or what may be convenient for one Priest to celebrate each and every year according to the Rites of the Holy Roman Catholic Church as promulgated from Rome or elsewhere as Sacrifices of atonement for the souls in Purgatory; said Masses to be performed by the Parish Priest of Avondale or some other priest in his stead at Avondale. A proper portion at least of said annual income is to be devoted as offerings on occasion of said Masses for the benefit of the celebrant, according to the customs and rules of the Roman Catholic Church in relation thereto.
I hereby direct that my executors and trustees shall invest and keep invested the sum of two thousand ($2000) the net annual income of which is to be expended and applied as follows: A commission of three persons composed of the Parish Priest of Avondale the Head Schoolmaster of the same place and the Bishop or Administrator of the Diocese to which the said parish may be long are to prepare each year a list of the poorest persons or families who in their opinion are most destitute of this world's goods, living in Avondale parish as now existing or the vicinity thereof, the number of whom is to be between ten and twenty, and the amount given to each person or family of persons shall not be more than twenty dollars or less than five dollars. Provided that the major portion of the said annual income shall always be expended within the limits of said parish of Avondale as now existing. In case of difference of opinion between the members of the said commission the decision of the majority shall prevail and payment shall be made by my trustees in accordance with such decision.
I give and devise my present dwelling house at Avondale and the plot of land on which it is situate which recently purchased from William Moor unto my two sons Edward and Gerald Justin Kennedy share and share alike in company. Said dwelling house and land adjoining is not to be sold or leased clear or outside the possession or ownership of my other children. If my sons Edward of Gerald J. or either one of them or their mother do not themselves occupy said house and land and leave it unoccupied by themselves for two whole consecutive years then said dwelling house and plot of ground shall go unto the possession of my children Frances, George, and Helena or unto either one or more of the same as they shall determine between them.
I give and bequeath unto my wife TERESA Kennedy a one-sixth part of those investments belonging to me other and outside of Avondale and Labrador property remaining from those bequest already made in this my will: said one-sixth part shall be my wife's share under this my will and testament, said share shall be made up of the 1-6 average of all those my investments, securities etc. as held by The Eastern Trust Company, Royal Bank of Canada at Halifax etc. as other 5/6 of said investments etc. constitute the chief part of the residue of my estate herein willed to my five children named. Provided it being my will that the share of the said Teresa Kennedy shall not be paid to her but shall be invested and kept invested and the net annual income derived therefrom shall be paid to the said Teresa during the term of her natural life, provided that she does not again marry; and upon her decease or marriage the principal of the said share shall be divided share and share alike between my five children inheriting the residue of my estate under this my will and testament.
I give, devise and bequeath the rest, residue and remainder of my estate and effects made up chiefly of before mentioned investments and securities now held at Halifax, Nova Scotia, by The Eastern Trust Company and Royal Bank of Canada there, my interest in the saw mill, timber lands and other lands, dwellings and stores owned and purchased by me at Avondale and on the coast of Labrador, etc. my schooner, boats, fishing gear and all belonging thereto as owned and used by me (other than the land and business on the property granted to John MaGee hereinbefore mentioned) unto Frances, George, and Helena Kennedy the children of my decease wife Catherine MaGee and to Edward and Gerald Justin Kennedy the children of my marriage with Teresa Kennedy share and share alike; the issue of any such child then deceased to take the share to which such child would have been entitled if then living; It is also my will that the beneficiaries under this clause of my will are not to receive their respective shares of the residue of my estate, unless or until they have respectively attained the age of thirty-five years and the share of such beneficiary not of the age of thirty-five years at the time of my decease shall be invested and kept invested by my said executors and trustees; and the net annual income derived from such share shall be paid to such beneficiary until he or she attains the age of thirty five years.
Those properties where our business has been chiefly done and living residences, stores and houses occupied by me and my family at Avondale with the land and water fronts and other properties belonging thereto; it is my will wish and bequest that such and all said properties, etc are to remain in the possession of all or any or either of my children who chose to reside on said properties and occupy the same or their children in succession. No sale or deed of any of said properties shall be made outside of the ownership of my five children unless by the consent and approval of each and all of said children as mentioned in the residue clause of this my will and testament. My children Frances, George and Helena Kennedy may will or deed what they acquire under this my will and testament excepting any land or houses at Avondale. If either one or both my sons Edward, and or Gerald Justin children of my wife Teresa Kennedy should die before attaining their majority age of twenty-one (21) years the share of such deceased child shall be divided equally between my surviving children inheriting as mentioned in the clause relating to the residue portion of this my will and testament. After these latter named my sons attain to manhood they shall have the power of making wills or bequests which shall not go into effect until after his or their decease. This relates to my sons Edward and Gerald J.
I hereby direct that any sums advanced by me to any of the children of my deceased wife Catherine MaGee after the date of this my last will and charged to such child or children in my books or on the books of The Eastern Trust Company shall be considered an advance or advances against their share in the residue of my estate and shall be so dealt with upon a distribution of the said residue that each of the persons entitled thereto will receive an equal share of the said residue after making due allowance for the said advance or advances.
I hereby direct that my executors and trustees hereinafter named may in their discretion retain for the purposes of any of the trusts of or under this my will and testament any investments in which any part of my estate may be found invested at the time of my decease, for so long as they deem it advisable so to do, and the same may vary from time to time as they may consider expedient; hereby giving and granting to my said executors and trustees full power and authority to invest any portion of my estate which it is necessary to invest in addition to those securities which are by law designated for the investment of trust funds in bonds debentures, debenture stock or other similar securities of any companies or corporations approved by them which are secured by first mortgage of the property of such Company or Corporation. I do further direct that for the purpose of realizing upon and distributing the assets of my estate according to the provisions of this my will my said executors and trustees shall be empowered to sell and convert into money all real property forming part of my estate and not herein specifically devised, and whenever necessary in order to carry out and fulfill the provisions of this my will, to make, sign, seal, execute and deliver all necessary deeds and other conveyances, I hereby nominate, constitute and appoint The Eastern Trust Company of Halifax, to be the Executor and Trustees of this my will. Provided in this my will and testament that the one-sixth (1/6) share of certain investments bequeathed unto my wife Teresa Kennedy means her share equally at present time with my five children named for the residue of this my will. Should either or any of those five children die intestate or without issue or die before arriving at the age of manhood my said wife shall obtain an equal share of those said investments with the remainder of my children named in residue clause in lieu of the said one-sixth (1/6) share; and the said residue of my estate shall be equally divided between those children remaining of the five named aforesaid, viz. Frances, George, Helena, Edward and Gerald J. Kennedy. In witness whereof I have hereunto set my hand at the City of Halifax , Nova Scotia, this 21st day of July 1915. Edward Kennedy. The foregoing instrument consisting of eight pages including this, was, at the date thereof by the said testator signed and published as and declared to be his last will and testament in the presence of us, who at his request and in his presence and in the presence of each other have hereunto set our hands as attesting witnesses thereto, G.R. Harrison, H.F. Bethel(Listed in the margin next to this will the following) Fiat Decr 18/15 C.J. Probate Decr 20/15 granted to The Eastern Trust. Co. Estate sworn at $122,772.00
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