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 volume 8 pages 111 to 113 probate year 1900
Will of John P. Brophy |
In re: JOHN PURCELL BROPHY. DECEASED.
D. M. Browning
This is the last will and testament of me John Purcell Brophy of the City of Ottawa in the County of Carleton and Province of Ontario Civil Service Clerk.
First I appoint my two sons William Martin Brophy of Ottawa Civil Service Clerk and Gerald Francis Brophy of Winnipeg, Manitoba, Insurance Manager, to be the executors of my will.
Second. I desire all my just debts, and funeral expenses to be first paid out of my estate.
Third. I give, devise and bequeath all the property and estate real and personal of every kind and nature whatsoever to which I shall be entitled at the time of my death, and whether in the Province of Ontario or elsewhere unto my said sons William Martin Brophy and Gerald Francis Brophy and to the survivor of them to hold as trustees and Trustee for the uses and upon the trusts following that is to say:
Fourth. The entire estate is to be held for the exclusive use and benefit of my beloved wife Mary Theresa Brophy so long as she shall remain my widow.
Fifth. Upon her death or second marriage the whole property both real and personal is to be sold and converted into money at such times as the trustees may think proper, but the discretion of the trustees is to be exercised as to the time when such sale shall be made and the property may be sold in portions at different times if thought advisable, and the sales to be made on such terms as to the trustees may deem proper.
Sixth. The proceeds of the estate, or such part thereof as may be in the shape of money from time to time shall be invested by the trustees who may call in the same and reinvest it or any part of it from time to time and such investment may be made in such securities as they may deem proper, and the income arising from such investment or so much thereof as in the opinion of the trustees may be required for that purpose is to be applied in such manner as they may think proper towards the maintenance and support during the term of her natural life of my daughter Alice, who has always been in delicate health, and whom I therefore specially commend to the care, attention and protection of my said two sons herein named as executors and trustees.
Seventh. If it shall appear to the trustees that the investments of a portion only of the said estate will realize an income sufficient for the maintenance and support of my said daughter Alice they may at any time set apart out of the said estate a sum which they may deem sufficient for that purpose and may invest the same separately and may apply the income of such portion so invested as aforesaid.
Eighth. In that event such portion of the estate as they shall not deem necessary to invest for such purpose shall thereupon be divided into three equal parts, one of which shall be given to my son Gerald Francis Brophy for his own use absolutely and the other two parts or thirds shall be divided in equal shares between all of my other sons including my said son William Martin Brophy.
Ninth. After the death of my said daughter Alice the whole estate then undisposed of shall after payment of all charges and expenses incurred by the trustees be divided into three such equal parts for a like disposition, that is to say, one part shall be given to my son Gerald Francis and the other two parts or thirds shall be divided equally between all my other sons as aforesaid.
Tenth. The legacies and provisions in favor of all my said sons are severally to be taken as vested so that if any of my said sons shall die before becoming entitled to his portion then his share under all circumstances shall go to his personal representatives, subject however to this exception that neither my said daughter Alice nor my said son Gerald Francis shall be taken to be one of the personal representatives of any of my said other sons, it being my will that, in the event of any of my said sons other than Gerald Francis dying before becoming entitled to his portion the same in the event of his dying without leaving next of kin other than brothers and sisters and their descendants shall be divided between the survivors among my said sons, other than Gerald Francis and their descendants.
Eleventh. And I declare that the said trustees shall be chargeable only with such moneys as shall actually come into their hands and shall not be answerable for any Banker, Broker or any other person in whose hands the said trust moneys shall be placed, nor shall they be charged otherwise for involuntary loss.
Twelfth. And all the powers and discretions that may be exercised by my trustees hereunder shall be exercisable by the survivor of them in the event of either of them dying while any of the trust estate remains in their hands. In witness whereof I have hereto set my hand this ninth day of October in the year of our Lord one thousand eight hundred and ninety four. (Sgd) John P. Brophy. Signed by the said testator John Purcell Brophy as and for his last will and testament in presence of the undersigned witnesses both present at the same time who have, at his request in his presence and in the presence of each other subscribed our names as witnesses hereto (sgd) W.D. Hogg (sgd) Chas. O'Connor
(Listed in the margin next to this will the following)
the 22nd day
on the 11th
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