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 10 pages 546 to 549 probate year 1917
Will of Patrick McGrath |
In re: PATRICK MCGRATH. DECEASED.
This is the last will and Testament of me Patrick McGrath of St. John's in the Island of Newfoundland, Cooper:
1. I hereby revoke and cancel any previous wills or testamentary dispositions heretofore made by me.
2. I appoint my four sons Patrick Thomas John and Leo to be the executors of this my last will and testament.
3. I leave and bequeath the following specific bequests namely: To my wife Elizabeth McGrath the sum of Two thousand dollars. To my son Louis McGrath the sum of one thousand dollars, five hundred dollars which said bequests shall be paid to them respectively for their sole and absolute use and benefit.
4. I leave and bequeath to my four sons Patrick, Thomas, John and Leo the sum of one thousand Dollars to be held by them In Trust for my daughter Mrs. Fanny Jackman; this sum to be suitable invested, the interest thereon paid to her annually during her life; and upon her death the said sum shall be similarly held In trust for the benefit of her then surviving children until the youngest of them shall have attained the age of eighteen years, at which time the said capital sum shall be divided equally among such of them as shall then survive.
5. I leave and bequeath to my wife Elizabeth for her life the house in which I now reside, together with all the furniture fittings and appurtenances thereof of every kind, upon her death the same shall fall back unto my residuary estate hereinafter mentioned.
6. All the rest residue and remainder of my property and estate, real and personal and of whatsoever kind, I leave and bequeath to my four sons Patrick and Thomas and John and Leo, subject to the trust hereinafter provided to be their joint property and I direct that the following conditions and obligations shall be observed, so far as the same may be permissible at Law, that is to say:
7. The bequest to my four sons contained in the preceding paragraph shall during the life of my said wife Elizabeth McGrath remain conditional upon their supporting my said wife, whether out of the said business or jointly in equal shares, in the same condition of life as she is at present; and such support shall be a first charge upon all the property as bequeathed.
- (a) The whole of my said property shall be held as the joint property of my said four sons, including my cooperage business as a running concern.
- (b) The said cooperage business shall be continued under the management of my son John so long as he shall be willing to act, and for such management he shall receive out of any profits after all wages are paid the sum of one hundred and fifty dollars annually
- (c) The payment of wages or salaries to my said sons in the said business shall be as my said sons may jointly determine; but the division of profits shall be equal among the four.
- (d) If any son shall die, the value of his one-fourth share in the business and property shall be assessed by those surviving, and such value shall be paid over to his personal representatives in cash within one year of his death.
- (E) If any son shall desire to withdraw from participation in the joint estate hereby bequeathed, the value of his one fourth share in the business and properties shall be assessed by those remaining and shall be paid to him in cash within twelve months of his giving them notice of his intention as to withdraw.
- (f) In case the son withdrawing or the personal representatives of the son dying shall not be satisfied of the fairness of the assessment provided for in sections (e) and (f) above, he or they may by notice in writing require that the assessment be referred to a board of arbitrators (the provisions of the Judicature Act 1900 sections 192 to 212 inclusive, to govern such arbitration as far as practicable.) The intention of this section is to secure, so far as the law may permit, that my said sons shall remain together and continue to carry on my said cooperage business for the support of all of them; and it is to be construed accordingly.
In testimony whereof I have hereunto subscribed my name at Saint John's aforesaid this second day of February A.D. 1917. I have read over the foregoing will and I hereby certify that I understand and approve the contents of the same. - Patrick McGrath.
Signed and Declared by the said Testator as and for his last will and testament, he having first read over the same and with his own hand written thereon a memorandum of approval thereof, in the presence of us who in his presence and the presence of each other did then and there sign our names as subscribing witnesses thereto E.P. Morris John McGrath
Charles H. Emerson
Registrar of the Supreme Court of Newfoundland
(Listed in the margin of this will)
on the 15th
day of June
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