Transcribed by Judy Benson & Ivy Benoit. While we have endeavored to be as correct as humanly possible, there could be some typographical errors
Will of Ellen McGrath from Newfoundland will books volume 10 pages 252-253 probate year 1914
In re ELLEN MCGRATH deceased
This is the last will of me Ellen McGrath of St. John’s Newfoundland, widow and I revoke all former wills by me made. I appoint James Dunn, of St. John’s aforesaid, my nephew, executor and trustee (hereinafter called “the trustee”) of this my will I give devise and bequeath all property I die possessed of to the trustee upon trust first to pay thereout all my just debts funeral and testamentary expenses and for three Masses for the repose of my soul and secondly upon trust for my grandsons Thomas and Ronald McGrath the residue of my estate (a) to pay over until the youngest or the survivor of them shall attain twenty-one years of age the net income of said residue in equal shares to them or the whole net income to the survivor of them as the case may be and (b) when the youngest or the survivor of them, as the case may be, shall attain said age to transfer said residue to my said grandsons in equal shares if both be then living or the whole of said residue to the survivor if only one be living. It is my wish however that until the period for transfer as aforesaid that should Mrs. Annie Monahan and my grandson Thomas desire to keep and occupy my house as we now do the trustee shall allow them to do so provided they shall pay the ground rent insurance taxes and repairs and keep the household furniture and effects in proper condition. This wish is not to be binding on the trustee. I leave it to his discretion; but if he should arrange to allow my said grandson Thomas and Mrs. Monahan to occupy as aforesaid then the trust as to the income is to be varied accordingly and my grandson Ronald shall not be entitled to my income, but my said grandson Ronald shall be entitled if he live in St. John’s to live in said house on the same terms and with the same responsibility as his brother Thomas And if the trustee allows them to occupy as aforesaid and any difference arises between my grandsons and Mrs. Monahan each and all of them my grandsons and Mrs. Monahan must be guided by what the trustee shall say or do in the matter otherwise he may if he sees well put an end to such occupancy and the then occupiers must quit and deliver up the property and effects and thereafter the trust herein created be carried out as if the trustee had not allowed my said grandson Thomas and Mrs. Monahan to occupy as aforesaid. If my trustee should die before the completion of the trust herein any person or persons that he shall appoint in writing shall have all the powers that he has under this my will. In witness whereof I have set my hand to this my will this eleventh day of April 1912 at St. John’s aforesaid the words “thirdly” and “and” being first struck out on the first page of this my will. Ellen her X mark McGrath. Signed by the testatrix Ellen McGrath by making her mark after the foregoing will had been read over to her in our presence who in her presence and in the presence of each other have hereunto subscribed our names as witnesses, Jas J. McGrath, Thos F. McGrath.
(Listed in the margin next to this will the following)