In re
Thomas J. Duley deceased.
This is the last Will and Testament of me, Thomas J. Duley, of St. John's
in the Island of Newfoundland, Jeweler.
1. I hereby revoke all former wills made and executed by me and
Codicils thereto.
2. I nominate and appoint my dear wife, Phenie C. Duley, my friend,
Herbert R. Brooks, of St. John's aforesaid, Accountant, and my son, Cyril
C. Duley, to be the executors of this my last Will and Testament.
3. I give and bequeath unto my said wife, Phenie C. Duley, all
and singular my household and personal goods, chattels and effects of every
description which shall be contained in my dwelling house and which have
not been already conveyed to her by deed of gift and of which I shall die
possessed.
4. I give, devise and bequeath unto my sons Cyril and Nelson
all my right, title and interest in and to the trade or business now carried
on by me on Water Street in St. John's aforesaid under the firm name T.J.
Duley and Company and all my right, title and interest in the lease of
the shop and premises now occupied by me and all stock-in-trade, tools
and implements contained in the said shop or premises or used in connection
with the said trade or business and all book debts and moneys due and payable
to me at the time of my death in connection with or in respect of the said
business, to have and to hold the same to my said sons Cyril and Nelson
absolutely and for ever in equal parts share and share alike SUBJECT nevertheless
to the payment of all liabilities due or owing by me at the time of my
death in respect or on account of the said trade or business and subject
also to the payment in monthly installments of one hundred dollars each
by my said sons of an annuity of twelve hundred dollars [$1200.00] to my
said wife during the term of her natural life or until such time as she
may marry again in the event of either of which the said payments shall
forthwith cease.
5. I give, devise and bequeath all the rest, residue and remainder
of my estate and effects to my said executors upon trust to convert the
same or such portion or portions thereof as they shall deem desirable into
money and after the payment of my funeral and testamentary expenses and
debts to invest the same in good and proper securities and from the rents,
interest, profits and proceeds thereof
[1] to pay to each of my daughters, Gladys M. and
Margaret I., the sum of two hundred and fifty dollars [$250.00] per
annum during the lifetime of my said wife or until such time as she shall
remarry and
[2] to pay the remainder of the said income to my
said wife for and during the term of her natural life and whilst she shall
remain a widow and upon the death or remarriage of my said wife to divide
the residue of my estate between my daughters Gladys M. and Margaret I.
in equal parts, share and share alike.
Witness my hand at St. John's this 28th day of October Anno Domini
one thousand nine hundred and nineteen. Thomas J. Duley. Signed
published and declared by the said Testator as and for his last Will and
Testament, in the presence of us, who in his presence, at his request,
and in the presence of each other, have hereunto subscribed our names as
attesting witnesses. M. Keppie. Chas E. Hunt.
Correct William F. Lloyd
Registrar of the Supreme Court of Newfoundland.
(Listed in the margin next to this will the following)
Fiat Feb. 6/20
Kent J.
Probate granted
to Phenie C.
Duley. Herbert
R. Brooks and
Cyril C. Duley
Feb. 7/20.
Estate sworn
at $49,988.49 |