NL GENWEB

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 12 pages 407-408 probate year 1923

Will of John Mitchell

In re: JOHN B. MITCHELL. DECEASED.

I, John B. Mitchell, of St. Johnís, Newfoundland, Commission Merchant, do make, publish and declare this instrument to be my last Will, hereby revoking all former Wills by me made.

FIRST: I direct my Executors to pay all my lawful debts, funeral and Testamentary expenses as soon after my decease as is practicable.

SECOND: I give and bequeath to my daughter, Marguerite Mitchell, the Dominion of Canada War Loan Bond (No. Bo33115) for Five hundred dollars, which I purchased with proceeds received from the Estate of my son, John B. Mitchell, and which bond is locked in my office safe with other papers belonging to the Estate of my said son, John B. Mitchell, and I direct that my said daughter shall have this bond absolutely and forever.

THIRD: I give, devise and bequeath all the rest, residue and remainder of my property and estate to my wife, Anna Mitchell, absolutely and forever.
The foregoing bequest to my wife, however, is subject to the following provision, to wit:
That my Executors hereinafter named offer to my son, Harold Mitchell, the opportunity to purchase all shares held by me in the incorporated company known as "J.B. MITCHELL & SON LTD." at a price of not less than Ten thousand dollars payable in five equal annual instalments, or more quickly if so agreed, but the period for payment shall not be extended beyond five years nor shall less than one fifth of the agreed purchase price be paid in any one year. No shares shall be transferred to my said son under the agreement except as and when they shall be paid for in full by him and all dividends or other profits on the said shares or any of them shall be payable in every case to my wife ANNA MITCHELL until the date of payment and transfer as aforesaid. The opportunity for my son to make this purchase shall be extended to him for a period of sixty days after my decease, during which time he may either accept or reject same. In the event of his failure to agree to purchase the shares, then the shares themselves shall pass under the bequest herein above provided for to my wife free from all restrictions.

LASTLY: I nominate, constitute and appoint my wife, ANNA MITCHELL and my friend, THOMAS WINTER, both of St. Johnís, Newfoundland, executrix and executor hereof, and I direct that they shall not be required to furnish any bond or other security for the due performance of their duties.
In witness whereof I have hereunto subscribed my name this twentieth day of June A.D. 1922. JOHN B. MITCHELL.

Signed published and declared by the above named Testator John B. Mitchell, as and for his last Will and Testament in the presence of us, who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses. (the initial letter "B" having been twice interlined in the second paragraph hereof)
John A. Barron. John Fenelon.

CORRECT, William F. Lloyd Registrar of the Supreme Court of Newfoundland (Listed in the margin next to this will the following) Fiat July 6/23 Johnson J. Probate granted to Anna A. Mitchell. July 9/23. Estate sworn at $15,680.95

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