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 13 pages 182-187 year 1925
|Will of James Carter|
IN RE: JAMES CARTER. DECEASED
(I) the said E. R. Burgess and Elizabeth Burgess shall be permitted to continue as tenants, during their respective lives, should they so desire, of the said premises at the same rental and upon the same terms and conditions as they hold the same at the time of my decease.
(2) No rent shall be charged to the said tenants for one year from the date of my death, save a sufficient sum to pay all taxes and assessments for water rates or otherwise and premiums of insurance for the same sum or sums as the said building shall be insured at the time of my death, and such repairs as the tenants are required to effect under the lease or agreement under which they hold the same, and
(3) the said tenants shall not nor shall either of them, be permitted to sublet the said premises (the subletting of the annex, as at present sublet, shall not be regarded as a breach of this condition) without the consent in writing of my said Executors. On the death of the said E. R. Burgess and Elizabeth Burgess or should they or either of them (after the decease of the other) give up and surrender the said land and premises to my said Executors before that time, the same shall immediately vest in and become the absolute property of the said Church of England Orphanages and my executors shall, upon request, convey the same to the Trustees, managers or other proper authorities of the said institutions accordingly. Fifth - I give and bequeath unto the said Elizabeth Burgess all and whatsoever interest I may have (having sold the same to her, and for which she has partly paid) in and to the household furniture and other effects, now held and used by her in Balsam Place with the exception of the books hereinafter bequeathed. Sixth - I give and bequeath all my books of every description, whether contained in my rooms in the said "Balsam Place" or elsewhere to the Church of England Institute to be added to the library thereof, or to be disposed of for the benefit of the said library, in such manner as the President thereof shall think fit and proper. Seventh - I give and bequeath unto Harry Carter, son of the late Henry D. Carter, of St. John's, all and singular my family silverware, now contained in my rooms, in my box in the Bank of Montreal or elsewhere, not including however the electric plated ware or other similar wares now in use in the said Balsam Place. Eighth - I give and bequeath the following legacies -
(1) To the Methodist Orphanage the sum of Five hundred dollars.
(2) To the Roman Catholic Orphanage (Belvidere) the sum of five hundred dollars.
(3) To the St. Vincent de Paul Society, St. John's, the sum of Five hundred dollars.
(4) To the Dorcas Society, St. John's, the sum of Five hundred dollars.
(5) to the Widows and Orphans of Ferryland, Newfoundland, the sum of Five hundred dollars to be paid to the Roman catholic Priest of that Parish for the time being, who shall distribute the same amongst the said Widows and Orphans as he shall think fit and proper.
(6) To the Lord Bishop of Newfoundland for the time being the sum of Six thousand dollars to be applied by him to the fund known as "The red Cross Fund" in such manner as he shall think fit and proper.
(7) To the said Elizabeth Burgess the sum of Two thousand dollars.
(8) To the Permanent Marine Disasters Fund of Newfoundland the sum of One thousand dollars.
(9) To the Directors of Bishop Spencer College the sum of One thousand dollars in payment of my promised subscription per Reverend Canon Bolt, and also in payment of any pledge which I may have made towards any Educational Fund on behalf of the Church of England Colleges or Schools. The said Directors may expend the said sum in such manner as they may think proper in the interest of the said College.
(10) To Cyril W. G. Tessier of St. John's, Merchant, the sum of Five hundred dollars.
(11) To Harriet Alderdice, wife of Frederick Alderdice and Ida Clapp, wife of William Clapp, the sum of One thousand dollars each. Ninth - I give devise and bequeath to the Lord Bishop of Newfoundland and his successors in office the one thousand shares held by me in the Great Gull Lake Company To Hold the same in trust for the use and benefit of any fund which may be created for the purpose of building a tower on the Cathedral Church of St. John the Baptist. I declare that the said Lord Bishop and his successors may sell the said shares at any time he or they may think proper and apply the proceeds of such sale towards the said fund. Tenth - I give devise and bequeath my diamond and other rings in a black case marked No. 1. To Frederick Carter, Cyril Carter and Henry Carter, sons of the late Henry D. Carter, and my executor the said Earl S. Pinsent, to be equally divided between them. Eleventh - All the rest residue and remainder of my property of whatsoever nature and wheresoever situate, after paying all my just debts, funeral and testamentary expenses, I give devise and bequeath the same to be equally divided amongst the following eight persons, namely, May Sara, Maude White, Kate White, Blanche Tessier, William carter, Mary A. Carter, Fanny carter, Lucretia Carter, in the event of the death of either of the said parties leaving issue such issue shall take their parents share and in the event of the death of either of the said parties without leaving issue the share of such one shall go to the survivor or survivors. Twelfth - for the purpose of paying the foregoing legacies and for the final distribution of my estate in accordance with the foregoing residuary clause, I hereby direct and authorize my executors to sell and convert into cash all the remainder of my land property and all my securities and realizable assets of every description, at such time and in such manner as they shall think fit and proper and I hereby declare that they shall in no way be responsible or accountable for any loss or losses that may occur, in any
CORRECT. William F. Lloyd Registrar of the Supreme Court of Newfoundland.
(Listed in the margin next to this will the following)
Fiat July 12/25 Horwood C J. Probate granted to The Royal Trust Co and Earl S. Pinsent. August 10/25. Estate sworn at $123,241.85.
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