Transcribed by Judy Benson
While I have endeavored to be as correct as humanly possible, there could be some typographical errors
Newfoundland will books volume 3 pages 394 to 398 probate year 1875.
|Will of Neil McDougall|
In re NEIL McDOUGALL. DECEASED.This name is spelled McDougall and MacDougall in the will and McDougal in the will index.
This is the last will and testament of me Neil McDougall of St. John's in the Island of Newfoundland Manufacturer I revoke all former wills and codicils by me at any time made. I direct that all my just debts funeral and testamentary expenses be first paid. I desire and direct that my business of Oil Cloth Manufactory be carried on for ten years from the date of this my will for the benefit and support of my dear wife Mary McDougall and my children under the management of my son Neil McDougall at a salary of one hundred and twenty pounds currency per annum, my said wife or any agent she may appoint to have access at all times to the books of account if she so please and to superintend generally all of the business transactions all monies to be deposited in Bank in her name and payable by her orders I direct that any surplus over what is necessary for the sustainment of the business and support and clothing of my said wife and that and education of my children shall be invested in United States bonds or securities for the purposes hereinafter declared. Should there be a well grounded cause of dissatisfaction with my said son Neil's management of the business I hereby empower my said wife with the sanction of her co-executor to displace him wholly or in part from such management and if wholly the bequest hereinafter to him of the Factories shall be null void and inoperative and become part of the residue of my estate subject as hereinafter provided for my son Dougald.
I direct that all my sums of cash in hand due and payable at the time of my decease beyond what is necessary for carrying on the business be invested in United States Bonds or securities together with the interest therefrom as the same may accrue; and that Mr. J. W. Smith Manager of the Union Bank if residing in St. John's be consulted as to the best mode of effecting the investment; and I further direct that all interest arising from Bonds or Securities now in my name deposited in the said Bank be annually invested in said United States Bonds or securities and that no distribution of the Principal sums or interest from such Bonds or Securities be made until after the expiration of ten years from the date of this will-
To my said dear wife Mary I bequeath the sum of two hundred and twenty pounds currency each and every year during her life time (subject as hereinafter provided) for the support of herself and my daughter Henrietta and the support and education of my daughter Florence and son Thomas and of any other child or children that may be born to us, payable after the expiration of the said ten years half yearly. To my said daughter Henrietta I bequeath the sum of thirty pounds currency for apparel and pocket money until she marries; and should my said wife and daughter Henrietta agree to reside apart I direct hat my said wife be then paid at the period aforesaid two hundred pounds currency each year as aforesaid and my said daughter one hundred pounds currency each year for life while unmarried.
I bequeath to my son John the sum of five hundred pounds currency in full for legacy and claim on my estate payable at the expiration of ten years from this date and if he die before them without leaving a wife child or children the said sum to be distributable with the residue of my estate otherwise to go to such wife child or children.
After the expiration of the said ten years I bequeath to my said son Neil and assigns my two factory buildings and the good will of my business and also twelve hundred pounds currency in stock and cash; the stock to be computed at first cost; and should my said son Neil die before the expiration of the said ten years and my son Dougald not paid his share he is to have the factories good will and amount aforesaid and to manage the business at the same compensation otherwise to become part of my residuary estate.
I bequeath to my said wife all my household furniture goods pictures plate piano and effects for life and afterwards to my children Henrietta and Florence equally or to the survivor of them. I bequeath my gold watch and chain to my dear little son Thomas.
Notwithstanding anything herein contained I order and direct that the claim of my said wife to any legacy annuity controul or interest whatever under this my will shall absolutely cease and determine should she again marry as if she had died before and had not been named in this my will. And as to the rest and residue of my estate stock and effects whatsoever and wheresoever not specifically bequeathed I give and bequeath the same equally among my children Dougald, Donald, Thomas, Henrietta, Florence and any child that may hereafter be born of my said wife and self and the survivor or survivors of them- the shares to my said sons not to be payable until each arrives at the age of twenty five years and that to my daughters on their marriage after the expiration of the said ten years. the shares to my said daughters to be free from the controul debts and engagements of any husband with whom either may intermarry- Should any of my said children have married and having died leave a child or children at the time appointed for the distribution aforesaid such child or children shall take the share to which his, her or their deceased parent would be entitled if living Provided that should the shares of each be equal to one thousand pounds currency my said son Neil shall share equally with them in any surplus over that amount. I appoint my friend Mr. William Boyd of St. John's Merchant and my said wife Mary McDougall executor and executrix of this my will In the event of the decease or marriage of my said wife it is my will that each of my said daughters Henrietta and Florence until married shall each receive one hundred and fifty pounds currency each year payable half yearly when the thirty pounds to Henrietta shall cease. In witness whereof I the said testator have to this my will affixed my name and seal this fifth day of July Anno Domini one thousand eight hundred and seventy two.
Neil MacDougall (LS) Signed sealed and published as for his last will by the testator in our presence and in the presence of each other F.B.T. Carter, S.B. Carter.
1st I cancel the five hundred pounds payable to John at the expiration of ten years as mentioned in the preceding will. It is my desire that all the children should share and share alike, John will therefore share like the others.
2ndly Having purchased my present residence I hereby leave the house to my dear wife Mary for life afterwards to my daughters Henrietta and Florence equally or to the survivor of them but in the event of one of them getting married the house will in that case become the property of the unmarried one absolutely.
3rd It is my desire particularly that a sufficient sum be invested in good & sufficient security to yield three hundred pounds cy pr annum to provide for the payment of the yearly income of my dear wife & daughters. When this is done and Neil paid the balance remaining can easily be ascertained. This balance I desire will be divided equally among my sons Dugald, Donald, John & Thomas.
4th In the event of the marriage of one or both daughters I desire that securities be sold to pay their share or shares.
5th In the event of the death of my dear wife I desire that the allowance to my daughters Henrietta & Florence until married will be one hundred pounds each per annum instead of one hundred & fifty- and in the event of Henrietta's death or marriage my dear wife Mary to be paid two hundred pounds pr annum in full for life half yearly.
6th Any money due to any of my sons who may not have reached the age of twenty five to be kept at interest for his benefit
7th Should it please Almighty God to call me away before long, so large a sum must be kept invested to yield three hundred pounds pr annum that there will be cash to divide among my sons in the first place, but in the event of the death of my wife or death or marriage of my daughters a sum about double their share can be sold out and made available for general distribution.
Neil MacDougall Witness my hand this 18th day of July Anno Domini one thousand eight hundred seventy four, Signed sealed & published in our presence & in the presence of each other, T.W. Connan, W. Saunders. St. John's Newfoundland 21st July 1874,
Being desirous to act justly towards all my children upon reconsideration I have come to the conclusion that I have bequeathed to my son Neil more than my circumstances will warrant having regard to the claims of my other children. I therefore bequeath him one thousand pounds (instead of twelve hundred pounds) in stock & cash the stock to be computed at first cost sew wester(?) block & sewing machines to be included at Inventory value He is also to get the two factories- I also desire & direct that a sum equal to one fourth of the clear profits of the business shall be lodged in the Union Bank on the twentieth of July each and every year for ten years beginning in the first year of his assuming the business This sum to be lodged in my dear wife's name in trust for the benefit of all my children. My wife or any one she appoints to have access to the books when required.
Neil MacDougall. T. W. Connan, witness, W. Saunders, witness.