IN RE: JOHN HARVEY. DECEASED
I John Harvey being of sound mind make this my last will & testament.
1. I name of my wife and my two brothers E.F. Harvey and R.L.
Harvey my Executors or the survivors or survivor of them.
2. I authorize my Executors or a majority of them, or of them
surviving, to use their own judgment in the interpretation of this will
or of any ambiguities in it, and that judgment is to be the final interpretation.
3. My Insurance Policies I leave absolutely to my wife any advances
that may exist against them at the time of my death and not yet paid off
20th Dec./18 J. Harvey
prior to my death to be made good from my General Estate before division.
4. To my above named brothers E.F. Harvey & R.L. Harvey or
to the one that survives me [if one should predecease me] I leave my holdings
of ordinary shares in Harvey & Co. Lim - A. Harvey & Co. Lim -
& Harvey's Estate Lim - provided the articles of Association permit
this, and provided further that the Directors of these concerns at the
time of my death do not object. I leave to their [my said brothers]
discretion and goodwill the decision of how much of my Preference Stock
[including my preference Trust Stock] they shall eventually assume and
20th Dec./18 John Harvey
over what periods of time they shall pay for it. If both my brothers
shall predecease me the said ordinary Stock shall be offered to the chairman
of Harvey & Co. Lim with the understanding that he is to arrange for
the purchase of my Preference Stock in those concerns with payment over
a reasonable number of years. If however any of my heirs prefer to
hold and not to realize all or any part of the Preference Stock there shall
be no obligation direct or indirect upon the recipient or recipients of
my Ordinary Shares to take over that block of Preference Stock appertaining
to such heir or heirs.
5. As a question might be raised regarding certain amounts that
may be considered as due to me by my
20th Dec./18 John Harvey
Brother E.F. Harvey for funds handed him from time to time I now declare
that there are no sums due to me or to my Estate by him.
6. I desire that from my cash deposits with Harvey & Co.
Lim provision shall be made for payment of three thousand dollars annually
commencing one year after my death and continuing for five years [the total
amount of $15,000. Fifteen thousand dollars] to be expended upon
the training of the C.of E. R.C. and Meth. School Teachers
of Nfld, or upon certain of these Teachers. Any Teacher benefiting
thereby should be bound to teach in the Colony for at least three [3] years.
While I leave the terms of this Expenditure to the discretion of my Trustees,
I suggest 20th Dec./18 John Harvey
without binding them in any way, that any action taken should preferably
be undenominational. But if this be found impossible or for any reason
likely in their opinion to give disappointing results, I would preferr
that the entire three thousand dollars per annum should go to any two denominations
who would work together in this matter, and nothing to the third.
Failing this and if it is impossible to embrace the three Denominations
or any two of them satisfactorily [in the opinion of my Executors] in one
place, then I should prefer that the whole three thousand dollars per annum
should go to the Teachers of the C.of E.. The point to be aimed at
being to improve practical Education in some part or parts of the Colony
or the whole Colony. It may be desirable to 20 Dec./18 John
Harvey
spend the money upon the Teachers generally or upon a selected number
of them.
7. If I predecease my mother I desire to leave her one thousand
dollars [$1000.00] per annum while she lives.
8. If my wife predecease me my Insurance Policies are to form
a part of my Residuary Estate.
9. My furniture and personal belongings I leave to my wife or
if she should predecease me to my Executors surviving.
10. Except in the case of the ordinary Shares provided for in
section 4 [four] the amount payable to any legatee who may predecease me
is to become 20 Dec. 1/2(?) John Harvey
part of my Residuary Estate.
11. Legacys not exceeding one thousand dollars [$1000.00] to
be paid at my Executors discretion within eighteen months of my death.
12. I give my Executors or majority or the survivors or survivor
of them full authority such as I have to day myself to vary or to withhold,
or even to cancel, at their sole discretion and judgment, any of the legacies
dealt with in this my will or in any addendaa or codicil thereto.
13. I authorize my Executors to delay at their discretion [provided
they or the survivors of them are unanimous] the payment of any of the
legacies provided for in this will or any addenda thereto provided they
pay the Legatees annual
20th Dec./18 John Harvey
interest upon the amounts involved in each case, such interest to begin
to accrue twelve months after my death. The intent and object of
this clause is to enable my Executors to exercise the fullest discretion
as to the withdrawal of funds from the business of Harvey & Co. Lim
and the allied Firms. Presumably they will desire to avoid embarrassing
these businesses as I would desire to do myself. The object also
is to enable them to control [by means of the exercise of the right herein
given to leave funds belonging to my Estate with these Firms at the sole
discretion of my said Executors] and to protect the personal interests
of E.F. Harvey and R.L. Harvey or either of them, [or otherwise & for
other purposes] in connection with the common & ordinary Stock, or
the
20th Dec./18 John Harvey future partnership arrangements of the
said Firms. The right is therefore given my Executors to retain funds
belonging to my Estate in the said businesses and I definitely desire that
they should exercise these powers if they desire to do so and for their
- J. H. personal interests herein referred to.
14. I desire half of my Residuary Estate to go to my wife.
The other half to go to my brothers and sister surviving me. If Eugene
predecease me his share to revert to his two sons. Maurice, son of
Bernard & Hester to have one half of what Bernards share would
have been had Bernard survived me under this clause.
15. My Executors are 20th Dec./18 John Harvey
fully authorized to deal with amounts payable under this will to my
Nephews especially, entirely at their discretion, and they will not pay
any such legacy if the recipient does not give evidence of good character.
16. My Executors may at their discretion discharge any legacies
by handing over Stocks or Shares in lieu of cash.
17. I note in a separate schedule herewith marked A. a number
of detailed legacies involving comparatively minor sums.
Signed at St. John's this 20th Dec. 1918. John Harvey.
St. John's Dec. 30th/18. Addenda to my will referred to herein
as A.
1. My Executors are not to be held liable for any losses which
they may possibly make in carrying out this will or in dealing with my
affairs.
2. The following special legacies are to be paid from my Estate
at the discretion of my Executors.
3. Clergy Sustentation Fund twenty-five hundred dollars [$2500.00]
if possible within two years of my death.
4. Five hundred dollars [$500.00] to each of the following if
living. P. E. Outerbridge. Ambrose Gosling Jr. - Dorothy Harvey.
5. Two hundred dollars half yearly to my aunt Mary Walker for
her life.
6. To the following old employees and co-workers of Harvey
30 Dec./18 John Harvey & Co. if alive at my death & if
still in the employ of the Firm or in War Service overseas the sum of three
hundred dollars [$300.00] each. J. A. Branscombe. E. Hawkins.
C. Noonan. L. G. Skeans. C. Godden. A G. Williams.
F. Cornick. C. Miller. P. Grace. S. Elliott. To
the following with the same provisos one hundred and fifty dollars each
[$150]. F. Miles. Ring & Wiseman. To the following
- same provisos [$100] Miss H. Kelly. Miss Burke and Miss Kelly
one hundred dollars each. To Jerry Savage. Tom Hammond and
Bob Hammond with the same provisos one hundred dollars each [$100] to my
staunch friend & frequent companion Wm Halley with the same proviso
two hundred and fifty dollars [$250]
7. To the C.L.B. - three hundred dollars [$300]. To the
Bishop F. College Head Master. Three hundred dollars [$300] to be
30th Dec./18 John Harvey
spent [contd] on the College in any way he likes. To the C.of
E. Orphanage five hundred dollars [$500.00] and the Methodist and Mt. Cashel
two hundred and fifty dollars [$250.00] each. To the Great War Veterans
Association two hundred and fifty dollars [$250]. I have not included
the Marine Disasters Fund as in my opinion and according to my advice to
the chairman of the Marine D. Fund ought long ago to have been dealt with
in a business way by a tax on Shipping and not through the uncertain medium
of charity. St. John's Nf. Dec. 30th 1918. John Harvey.
Correct William F. Lloyd
Registrar of the Supreme Court of Newfoundland.
(Listed in the margin next to this will the following)
Fiat March 9/20
Chief Justice.
Probate granted
to Henrietta
Gordon Harvey
and Edward
Field Harvey
March 11/20.
Estate sworn at
$505,826.00 |