IN RE: HENRY LOCKE. DECEASED
This is the last will and Testament of me, Henry Locke, formerly Light House Keeper at Cape Norman in the Island of Newfoundland, but now of St. John's in the aforesaid Island. I hereby revoke all wills, codicils and other testamentary dispositions which may at any time heretofore have been made by me. I direct that, as a first charge upon my estate, all my just debts funeral and testamentary expenses be paid.
To my beloved wife Emma Locke for and during the full term of her natural life. I give and bequeath the interest dividends rentals and income derived from my whole estate, together with the premises now occupied by me and known as number one hundred and seventy seven Pleasant Street, and all other properties of any description whatsoever belonging to me at the time of my decease.
At the death of my said wife Emma Locke. I give and devise to my adopted daughter Martha Rudge all that freehold property with residence situated thereon and known as number one hundred and seventy seven Pleasant Street aforesaid including the garden out buildings and appurtenances thereto belonging and also all my household furniture plate linen china and effects of any kind whatsoever which may be in the said house or on the said premises at the time of the decease of my said wife or at the time of my decease in the event of my said wife dying before me Should the said Martha Rudge die before the said Emma Locke then and in such case the before mentioned property shall become the property of Albert Henry Rudge, son of the aforesaid Martha Rudge.
I further will that at the death of my said wife, or at my death should she predecease me all that piece or parcel of freehold land, situated on the Mundy Pond Road purchased by me from one Bishop of Petty Harbour together with the dwelling house outhouses and barn thereupon erected and presently in the tenancy of William Henry Hayter shall become the absolute property of Henry Haytor son of William Henry Haytor aforesaid
I direct that within six months of the decease of my wife the surviving executor shall cause all my investments in land and other securities not otherwise specifically referred to herein to be valued, and so far as may be necessary realized and that he pay the following legacies.
Nevertheless should any of the before mentioned legatees that is to say Henry Haytor Albert Henry Rudge William Dubber Mary Ann Haytor Susannah Brewer, Mary Ann Brown, John Decker and Emma Louisa Rudge die before me or before my wife Emma Locke then shall their legacies or bequests revert to my estate and become the property of the residuary legatee as hereinafter provided.
- To my adopted daughter Martha Rudge the sum of three thousand dollars, or in the event of her previous death the said sum of three thousand dollars shall be paid to her son Albert Henry Rudge
- item to William Dubber son of James Dubber in care of the Rectory Bentley (near Farnham Surrey) Hampshire, England the sum of three thousand dollars;
- item to Mary Ann Haytor formerly of Cape Norman and now of St. John's the sum of one thousand dollars:
- item to Henry Haytor aforesaid son of Mary Ann Haytor aforesaid the sum of five hundred dollars
- item to Susannah Brewer of Cape Norman the sum of one thousand dollars;
- item to Mrs Mary Ann Brown of Cape Norman the sum of two hundred and fifty dollars;
- item to John Decker of Cape Norman the sum of two hundred and fifty dollars; I further direct that the sum of five hundred dollars shall be placed in the Savings Bank to accumulate at compound interest until Emma Louisa Rudge, daughter of Martha Rudge, shall have attained the full age of twenty-one years, when the full sum principal and accumulated interest shall be paid over to the said Emma Louisa Rudge, to whom I also give all my interest held under mortgage in the house and land number 77 Flowers Hill presently occupied by her father Robert Edward Rudge.
If it be found that the investments, lands property and moneys belonging to my estate realize a sum insufficient to pay all the before mentioned legacies, then shall the various legatees be paid proportionately to the amount realized.
I appoint my adopted daughter Martha Rudge as residuary legatee under this my will. Should she predecease me or my wife Emma Locke then shall the residuary legatees under this will be Emma Louisa Rudge daughter of Martha Rudge aforesaid
To Mr Arthur Ebsary hereinafter appointed an executor of this my last will and testament. I give the sum of five hundred dollars to be paid in full out of my estate on the death of my wife Emma Locke and after the provisions of this will have been carried out; this legacy is left by me to the said Arthur Ebsary in lieu of any remuneration to which he might consider himself entitled as an executor of this my will the said five hundred dollars being to cover all services rendered by the said Arthur Ebsary legal testamentary and out of pocket expenses excepted.
I appoint my wife Emma Locke and Arthur Ebsary of the south side St. John's to be the executors of this my will. In witness whereof I hereunto set my hand this fourteenth day of June in the year of our Lord one thousand nine hundred and seven Henry Locke Signed by the said Henry Locke the testator in our presence who in his presence, and in the presence of each other at the same time subscribe our names as witnesses J. Alex. Robinson W. J. Carew
On this twenty fifth day of June in the year of our Lord one Thousand nine hundred and twelve I, Henry Locke do make this codicil to my will of date the fourteenth day of June, in the year of our Lord one thousand nine hundred and seven, as it appears on the other side of this paper.
To my adopted daughter Mrs Martha Rudge I give ten shares in the Sudbury Water proof Seal and Leather Manufacturing Company.
To Florence V Ebsary daughter of Mr Arthur Ebsary I give the sum of two hundred and fifty dollars ($250.00)
To Emma Rudge daughter of Martha Rudge aforesaid I give nine shares on the Standard Manufacturing Company. Moreover I hereby revoke the revoke the appointment of my beloved wife Emma Locke as an executrix of my will and appoint in her place my adopted daughter Martha Rudge aforesaid. In witness whereof I hereunto set my hand, on the day and date above written Henry His x mark Locke Signed by the said Henry Locke, in our presence and in the presence of each other and of the testator we hereto subscribe our names as witnesses J. Alex Robinson Albert Taylor.
D. M. Browning
(Listed in the margin next to this will the following)