In re: JAMES ROGERS . DECEASED.
I, James Rogers of Durrel’s Arm, Twillingate in the Northern District of the Island Newfoundland, make this my last will and testament, while in the possession of sound mind and memory, this eight day of September in the year of our Lord 1908 in manner and form as follows - that is to say
(1) I give and devise unto my wife Eliza Rogers, so long as she remains my Widow my dwelling house and household furniture and effects; but in the event of my wife marrying again or at her decease the above described house, furniture and effects is to become the property of my four sons Stanley Rogers, Walter Rogers, Samuel Rogers & Garland Rogers.
(2) I give and devise all my waterside premises consisting of flakes stage and store Also my fishing property consisting of schooner "Annie Josephine", traps, nets, boats and all other fishing materials unto my five sons viz George, Stanley, Walter, Samuel and Garland Rogers, for their sole use and benefit, but should either one or more of my said sons (named in this section) refuse to use the said property or desire to give up his or their claim to the said fishing property or premises named in this section, then those refusing or giving up their claim, shall sell their part or parts to the remaining brother or brothers if they desire to purchase, purchase price to be determined by arbitration. Further if the said sons agree and so determine that it is to their interest to sell the said fishing property or any part thereof they shall be at liberty to do so. The said purchase money to be equally divided amongst the said five sons.
(3) I give and devise unto my son George Rogers the garden in which his house is built, also the store on the beach for his sole use and benefit forever; all the remainder of my land not hereinbefore mentioned I give and devise unto my said wife Eliza Rogers (so long as she remains my widow) and my four sons, Walter, Stanley, Samuel and garland Rogers, in the event of my said wife dying or remarrying her part of land devised in this sec is to become the property of my four sons above named.
(4) I give and bequeath the following legacy of one hundred dollars each unto my wife Eliza Rogers, and to each of my children viz, John Rogers, George Rogers, Walter Rogers, Stanley Rogers, Samuel Rogers, Garland Rogers, Susan Dalley, Elizabeth Jenkins Kate Weir and Josephine Rogers and to my grand daughter Althea Rogers the sum of fifty dollars, the sum bequeathed to my grand daughter is to be deposited in the bank and paid her with interests when she is married or arrives at the age of eighteen years.
(5) The remainder of my money (after the above legacies have been paid) in the bank and elsewhere is to be used to help in the support and maintenance of my wife so long as she remains my widow, my daughter Josephine Rogers until she has a home of her own, my sons Walter, Stanley, Samuel and Garland Rogers until they arrive at the age of manhood, also my grand daughter Althea Rogers until she is provided with a home for herself, or remains part of my family living in my home and acting as a dutiful child. It is however, to be understood that my said four sons will do all in their power to provide a living for themselves their mother and sister so long as they remain with them.
(6) So long as my wife lives, and remains my widow the money other than the legacies bequeathed in sec 4 is not to be divided, but should my wife remarry or die, then when my youngest son arrives at the age of twenty one, the money not used in the support of the family as above devised is to be equally divided amongst my four sons Walter, Stanley, Samuel and Garland and my daughter Josephine Rogers.
(7) All the rest residue and remainder of my property real or personal I give, devise and bequeath unto my four sons named in sec 6, to be equally divided amongst them.
(8) It is hereby further understood that should either one or more of my sons named in section 6 (Walter, Stanley, Samuel and Garland Rogers) or my daughter Josephine, die before the time for division of the money not used in the support of my wife, sons and grand daughter, as devised in section 5, and leaving no child then his, or her part will become the property of the surviving children.
(9) Lastly I hereby appoint and constitute William Ashbourne Esq J. P. Merchant, to be the executor of this my last will and testament, and direct that in all cases of dispute not already provided for in this will his decision shall be final, revoking all other wills by me made.
In witness whereof, I have hereunto set my hand this eight day of September A. D. 1908.
JAMES his X mark ROGERS
Signed in the presence of us present who at the request of the said testator and in the presence of each other have signed as witness thereto, after being first read over and explained to the Testator who seemed to perfectly understand the same and signed thereto by making his mark.
JABEX A. MINTY. CHARLES WHITE.
William F. Lloyd
Registrar of the Supreme Court of Newfoundland
(Listed in the Margin next to this will the following)
Horwood C. J.