IN RE: JOHN CHARLES MARSHALL. DECEASED I appoint my eldest son, Leslie Mckay Marshall of St. John's (Accountant); George Sellars Marshall of St. John's (StoreKeeper); John Mary Walsh of St. John's (Accountant)
This is the last Will and Testament of me, John Charles Marshall of St. John's in the Island of Newfoundland, Merchant.
my Executors of this my Will.
(1) I leave and bequeath to my wife all my interest in Furniture and Household effects at Kelvin House. In this connection there are certain pieces of Furniture given to my Wife by out-siders and which belong exclusively to her and which she can designate; also a few pieces belonging to my son Leslie McKay Marshall and which he can designate.
(2) I will and bequeath to my wife, as hereinafter provided, my interests or Residue of my Estate after payment of my Debts.
(3) At my wife's decease, or so long as she shall remain a Widow, the following division shall be made:- Three Eights (3/8) to my son Leslie McKay Marshall - Three Eights (3/8) to my son Walter Melville Marshall - One Eighth (1/8) to my daughter Cynthia Marshall and One Eighth (1/8) to my daughter Helen Southerland Marshall. I leave all my Estate to my Wife because I fear that in making a division there will not be sufficient, if divided, to maintain her and in leaving the whole of my Estate in this way it is not to be considered as a reflection on any of my children and I feel assured that my Wife will do everything possible to give them anything in her power.
(4) It is my wish that the business of Marshall Brothers be continued at the discretion of my Executors but should they decide to wind up its affairs, then they are to do so. Should the business be continued, it is my wish that it be conducted under the management of my son, Leslie Mckay Marshall until my son, Walter Melville Marshall attain the age of Twenty One, when he will assume joint managership, or owner, in the case of my Wife's decease.
(5) A Rental, not exceeding Three Thousand Dollars ($3,000.00) per annum, is to be charged on said business premises to form the Nucleus of an income to my Wife. Should my Wife decide to continue living at the House known as Kelvin House, then if circumstances permit her to do so she (my Wife) is to be subject to the payment of interest on Loan from my Brother, George S. Marshall.
(6) My Wife to get a sufficient sum to maintain herself and educate my two Girls from the Business, but not exceeding Five Thousand Dollars ($5,000.00) per Annum as circumstances will permit.
(7) In addition to the One Eighth share, as provided for in clause 3, each of my Daughters - Cynthia Marshall and Helen Southerland marshall - are to be allowed from the Business of Marshall Brothers the sum of Five Hundred Dollars ($500.00) per Annum each so long as they shall remain single, until the decease of my wife when said payment ceases and they then get the One Eighth of a Share each as provided for in Clause 3 but the Partners of Marshall Brothers are given a period of Ten Years (from the decease of my Wife) in which to pay off the Capital represented by this amount; said Capital to be computed on a Six Per Cent (6%) per Annum basis.
(8) The Salaries of my two sons, Leslie McKay Marshall and Walter Melville Marshall, for their services of the business of Marshall Brothers to be fixed by my Executors.
(9) Should the Business prosper, as I sincerely trust it will, it is my wish, that the Building known as The Marshall Building shall belong on my Wife's decease to my son, Leslie MacKay Marshall, at a valuation to my General Estate of Thirty Thousand Dollars ($30,000.00) and Kelvin House to my son, Walter Melvill Marshall, at a valuation of Sixteen Thousand Dollars ($16,000.00) free of any liability. Should it be found impossible for the said Walter Melvill Marshall to take over Kelvin House at this figure then the said Walter Melvill Marshall to be joint owner of the Marshall Building with his brother, Leslie MacKay Marshall the amount realised for Kelvin House to form part of my General Estate. For a clearer definition, and so as to avoid any confusion as to the purpose and intent of this Will, it has to be clearly and distinctly understood that both the Premises known as The Marshall Building and Kelvin House shall form part of my General Estate in which my Daughters, Cynthia Marshall and Helen Southerland Marshall, shall participate to the extent of One Eighth of a Share each; the valuation of said Properties to be at Thirty Thousand Dollars ($30,000.00) and Sixteen Thousand Dollars ($16,000.00) respectively.
10. All Stocks held by me in Companies to form part of my General Estate. The Shares in the Nfld Clothing Co. Ltd. are subject to hypothecation to the Royal bank of Canada on account of Marshall Brothers and are to await a favourable time to realise, subject to the Bank's pleasure.
11. The valuation of my Estate for the purpose of assessing my Daughter's shares viz. Cynthia Marshall and Helen Southerland Marshall, is to be determined at my decease.
12. Should any of my children pre-decease any of the others without issue, said Child's share to become part of my General Estate.
13. Should the Profits of Marshall Brothers exceed the payment to my Wife and Daughters, Cynthia Marshall and Helen Southerland Marshall, that is to say the payment of Five Thousand Dollars ($5,000.00) to my Wife (the rental on The Marshall Building being Preferential) and the sum of Five Hundred Dollars ($500.00) to each of my Daughters; it is my wish that such Profits beyond these Payments shall go to my Sons, Leslie MacKay Marshall and Walter Melvill Marshall, share and share alike and it is further my wish that this amount be kept in the Business as the nucleus of a Reserve Account.
14. Any Monies due by me to my brother, George Sellars Marshall, on account of Kelvin House to be retained by my Executors as an off-set against my Guarantee to The Royal Bank of Canada on Account of my Endorsation to a Note in connection with the SS. Edmund Donald.
15. Should my Son, Walter Melvill Marshall, not see his way clear to take over the House and Property known as Kelvin House the said Property to be offered to any of my surviving children (on the same terms and conditions as named in Clause 9) in order of Seniority. The same terms to apply to the Building known as the Marshall Building and now occupied by Marshall Brothers as their Business Premises.
16. It is my wish that my Executors be remunerated as follows: To Leslie MacKay Marshall the sum of Five Hundred Dollars ($500.00); George Sellars Marshall the sum of Five Hundred Dollars ($500.00); John Mary Walsh the sum of Five Hundred Dollars ($500.00). These payments in full of all and any further obligation.
Witness my hand at St. John's, this 10th, Day of December, Anno Domini, One Thousand Nine Hundred And Twenty Three. JOHN CHARLES MARSHALL.
Witnesses to the signature of J. C. Marshall in our presence who, at his Request and in his Presence and in the Presence of each other (all present at the same time) have hereunto subscribed our Names. Garfield Pollars Dec 10th 1923. Thomas Fagan Dec 10th 1923.
William F. Lloyd
Registrar of the Supreme Court of Newfoundland.
(Listed in the margin next to this will the following)
Fiat July 26/25
to Leslie Mckay
and John Mary