In re
Walter Baine Grieve deceased
This is the last Will and Testament of me Walter Baine Grieve of Saint
John's in the Island of Newfoundland Merchant.
1. I appoint John C. Hepburn of Saint John's aforesaid my confidential
clerk and Arthur Donnelly and Thomas Collingwood both of Saint John's aforesaid
Accountants Executors of this my Will.
2. I give and bequeath to Andrew Richardson Grieve of Greeneck
Scotland the sum of One thousand pounds sterling: to Ninian Hill
of Edinburgh Scotland the sum of One thousand pounds sterling: to
John McDougall of Greeneck Scotland son of John Patten McDougall the sum
of One thousand pounds sterling: to William Dick, Junior, of Greeneck
Scotland the sum of One thousand pounds sterling: to my Nephew James Henry
Grieve the sum of One thousand pounds sterling: to my Nephew Hobart
Grieve R.N. the sum of One thousand pounds sterling: to each of the surviving
daughters of my Late brother Robert Grieve the sum of Five hundred pounds
sterling: to Una Harvey of Saint John's, Nurse the sum of Five hundred
dollars: to the Church of England Orphanage Saint John's the sum of Two
thousand five hundred dollars: to the Roman Catholic Orphanages Saint John's
(to be divided between them) the sum of Two thousand five hundred dollars:
to the Methodist Orphanage Saint John's the sum of Two thousand five hundred
dollars: to Doctor Fraser's Children's Hospital Saint John's the
sum of One thousand dollars: to the Saint John's Church of England Cathedral
Tower Completion Fund the sum of One thousand pounds sterling: to
each of my two present maid servants the sum of Two hundred dollars: to
John T. Croucher, Saint John's, my Agent at Battle Harbour the sum of Two
thousand five hundred dollars.
3. I direct my Executors to pay the expense of the education
of my Grand-daughter Hope Grieve for the next four years.
4. I give and bequeath to each of my following sisters viz:
Annie, Cora, Constance and Octavia the sum of One thousand pounds sterling.
5. I also give and bequeath to my said four sisters all my shares
in the Glebe Sugar Refining Company whose Head Office is at Greenock aforesaid:
also all my shares in Murray and Crawford Limited of Grenock aforesaid:
also all my shares in Ellis and Company Limited of Saint John's Newfoundland.
6. I give to each of my above named Executors the sum of One
thousand pounds sterling and this bequest shall be in addition to any money
which they shall receive in connection with the carrying on of my business.
7. I direct the business carried on by me under the name or
firm of "Baine Johnston and Company" shall be continued and
carried on by my Executors unless and until it shall show a loss. My said
Executors shall not be personally responsible for any loss incurred in
the carrying on of the said business. They shall receive such salaries
for the carrying on of the business as may be agreed upon between them
and my sisters Annie, Cora, Constance and Octavia. The above pecuniary
legacies shall be paid out of the assests of the business if my other estate
shall be insufficient. The profits of the said business shall go
to my above named four sisters and subject to the foregoing provisions
of this Will I give devise and bequeath all the capital and all the assets
property and effects of the said business to them equally.
All the rest residue and remainder of my property estate and effects
I give devise and bequeath to my said beforementioned four sisters Annie,
Cora, Constance and Octavia equally.
Witness my hand at Saint John's aforesaid this 20th day of January
Anno Domini One thousand Nine hundred and Twenty one. W.B.Grieve.
Signed Published and Declared by the said Testator as and for his last
Will and Testament in the presence of us who at his request in his presence
and in the presence of each other [all present at the same time] have hereunto
subscribed our names as witnesses.
J. Angus O'Dwyer, Accountant.
Ernest P. Nicolle, Accountant.
This is a Codicil to the last Will and Testament of me Walter Baine
Grieve of Saint John's Merchant.
1. I direct my Executors to convert the business carried on by
me under the name or style of "Baine Johnston and Company"
into a Limited Liability Company for the purpose of continuing the same
and for this purpose to take all steps necessary for the Registration of
a Company and the transfer to it of all assets property, moneys, credits,
and affects of the said business after providing whatever may be necessary
for the legacies directed by the next paragraph to be paid in cash and
for taxes death duties and other outgoings. The first Directors shall
be my Executors who shall also be managing Directors and they shall be
entitled to salaries as Managing Directors in addition to any bequest they
may take under my Will.
2. I direct that all the pecuniary bequests contained in my Will
shall be paid in shares of the capital stock of the Company at par instead
of in cash. except the following which shall be paid in cash. namely:-
Those to the surviving daughters of my late brother Robert Grieve:
to Una Harvey: to the Church of England Orphanage: to the Roman Catholic
Orphanages: to the Methodist Orphanage: to Doctor Fraser's Hospital: to
the Saint John's Church of England Cathedral Tower Completion Fund: to
my maid servants and to my Grand-daughter Hope Grieve. Provided that
where bequests payable as aforesaid in shares of the Company are expressed
in my Will in pounds sterling in fractional balances less than the amount
of a share may be paid in cash.
3. I direct that the remainder of the capital stock of the Company
shall go and belong to my four sisters Annie, Cora, Constance and Octavia
in equal shares: except Three thousand dollars par value of the capital
stock which I give to my Executors one third to each [in addition to any
other bequest to them] as Director's Qualifications Shares.
4. I revoke any portion of my said Will which may conflict with
this codicil but otherwise my said Will shall remain in full force and
effect.
Witness my hand at Saint John's aforesaid this 25th day of January
Anno Domini One thousand nine hundred and Twenty One. W.B.Grieve.
Signed Published and Declared as and for a codicil to his last will
and Testament in the presence of us who at his request in his presence
and in the presence of each other [all present at the same time] have hereunto
subscribed our names as Witnesses.
J. Angus O'Dwyer, Accountant
Ernest P. Nicolle Accountant
Correct William F. Lloyd
Registrar of the Supreme Court of Newfoundland.
(Listed in the margin next to this will the following)
Fiat March 26/21
Horwood C.J.
probate granted to
John C Hepburn
Arthur Donnelly and
Thomas Collingwood
March 31/21
Estate sworn at
$348,548.27
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