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 pages 168-170 probate year 1925
Will of James J. O'Brien |
IN RE: JAMES J. O'BRIEN. DECEASED
This is the last will and testament of me, James J. O'Brien of St. John's in the Island of Newfoundland, gentleman:-
1. I revoke all former wills and testamentary dispositions.
2. I appoint my son, Michael J. O'Brien and The Eastern Trust Company executors and trustees of this my will.
3. I direct that my executors and trustees shall pay my lawful debts and all my funeral and testamentary expenses and all death and succession duties out of my estate before proceeding to any distribution thereof.
4. I bequeath to my sister Mary Lash of Witless Bay the sum of Five Hundred Dollars free of all death legacy or succession duties.
5. I bequeath to the Reverend Monsigneur Mcdermott of the Roman Catholic Cathedral in St. John's the sum of One Hundred Dollars free of all death legacy and succession duties.
6. I bequeath to my niece Ellen hartwell the sum of One Hundred Dollars free of all death legacy and succession duties.
7. I bequeath the sum of Two Hundred Dollars for the celebration of Masses for the repose of my soul, and I direct that my executors and trustees shall distribute this sum, free of all death legacy and succession duties in such manner as they shall think fit.
8. I direct that my executors and trustees shall out of my estate provide a sum of Five Thousand Dollars free of all death legacy and succession duties and invest the same and hold the same in trust to accumulate until my son John O'Brien shall attain the age of fifty five years and to pay thereout and out of the income and principal thereof during the lifetime of my said son after he has attained the said age of fifty five years the clear sum of five dollars per week towards his board and maintenance. This sum shall be paid to my said son John only while he continues to conduct himself in a sober and becoming manner.
9. I will and direct that my grandchildren, whether they be born before or after my death shall be educated at Roman Catholic Colleges and convents in St. John's, and I direct that my executors and trustees shall be charged with the duty of seeing that this direction is carried out. The said education of my said grandchildren shall be paid for out of my estate. And I further will and direct that should any of my grandchildren decide to study for the Roman Catholic priesthood or for the medical profession outside of this country the cost of their education for the priesthood or for the medical profession shall be discharged out of my estate. And I direct that on a distribution of the residue of my estate among my grandchildren as hereinafter provided the cost of the education of each of my said grandchildren paid out of my estate as aforesaid shall be deducted from his or her share of the said residue of my estate. But should the cost of the education of any one or more of my said grandchildren be more that his or share of the said residue of my estate, I desire that it be made clear that he or she shall not be required to restore to my estate any portion of the said sum expended on his or her education.
10. All the rest residue and remainder of my estate I bequeath to my executors and trustees in trust to hold the same until the youngest of my grandchildren shall attain the age of twenty one years and then to distribute the same equally among my said grandchildren then surviving, whether any of the said grandchildren shall be born after my death or not. And this distribution shall be made after taking into account all expenditures upon the education of my said grandchildren as provided in the last preceding paragraph of this my will. Should any of my grandchildren desire to engage in mercantile business after he or she has attained the age of twenty five years and before the time for a distribution of the residue of my estate has arrived, my executors and trustees, after having satisfied themselves that the said grandchild or grandchildren is or are competent to engage in such business may make as advance or advances to such grandchild or grandchildren for that purpose of not more than the estimated share to which the said grandchild or grandchildren would be entitled upon a distribution of the residue of my estate, and upon a distribution of the said residue of my estate the said advance or advances shall be deducted from the share coming to such grandchild or grandchildren. And in the event of any of such grandchildren dying before the youngest of my grandchildren shall attain the age of twenty one years, leaving no issue, the advance or advances so made shall not be claimed back in whole or in part from the estate of any grandchild so dying without issue.
11. In distributing the residue of my estate children of a grandchild dying before the youngest of my grandchildren shall have attained the age of twenty one years shall take their deceased parents share.
12. My executors and trustees shall in the exercise of their unquestioned discretion be at liberty to hold any or all investments belonging to my estate at the time of my death and to change the same from time to time and to reinvest the same without being responsible for any loss occasioned thereby.
Dated at St. John's in the Island of Newfoundland this 29th day of July Anno Domini One thousand nine hundred and twenty four. JAMES J. O'BRIEN.
Signed published and declared by the said Testator as and for his last Will and Testament in our presence who in his presence and at his request and in the presence of each other have hereunto subscribed our names as witnesses. Mollie E. Leahey. W. A. Tucker.
William F. Lloyd
Registrar of the Supreme Court of Newfoundland.
(Listed in the margin next to this will the following)
Fiat July 13/25
Horwood C J.
to Michael J.
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