NL GENWEB

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 13 page 77-78 probate year 1925

Will of James J. Parker

IN RE:   JAMES J. PARKER.    DECEASED

This is the last will of me James F. Parker of St. John's Newfoundland Manufacturer and I revoke all former wills by me made I appoint my daughter Maragret Parker (hereinafter called "my trustee") sole executrix and trustee of this my will.

    1. I give to Mount Cashel Orphanage one thousand dollars ($1000.00).
    2. I give to belvidere Orphanage one thousand dollars ($1000.00).
    3. I give to the Church of England Orphanage five hundred dollars ($500.00).
    4. I give to the Methodist Orphanage five hundred dollars ($500.00).
    5. I give to St Vincent De Paul Society (mens) five hundred dollars ($500.00).
    6. I give to St Vincent De Paul (Ladies) five hundred dollars ($500.00).
    7. I give to the Dorcas Society five hundred dollars ($500.00).
    8. I give to the Catholic Cadet Corps three hundred dollars ($300.00).
    9. I give to Terra Nova Council Knights of Columbus for its Education Fund two hundred and fifty dollars.
    10. To my son John Parker I give (a) my farmland on Torbay Road in St. John's aforesaid (b) all my right title and interest in the three houses and the land thereunder and adjoining which I and Lawrence Parker possess situate on Garrison Hill in St. John's aforesaid ( c) all my shares in Parker and Monroe Limited (d) all my interest in amount placed to Reserve Account in the books of said Company and (e) Forty thousand dollars ($40,000.00) which shall be paid to my said son in such instalments and at such times as my trustee in her absolute discretion may deem best but not to extend over a period longer than ten years from my death.
    11. The residue of my estate I give to my trustee upon trust as follows (a) my residence and land thereunder and used therewith situate on Garrison Hill aforesaid and all furniture and domestic effects contained therein for the sole use and benefit of my wife Mary Jane Parker for her life and after the death of my wife to be my daughter Margaret's absolutely. (b) during the lifetime of my said wife to pay my said wife annually or semi annually or at shorter periods if required three fifths (3/5ths) of the net income to arise from the balance of the said residue, or otherwise from my estate not distributed, and the other two-fifths (2/5ths) of said income to go to my daughter Margaret and ( c) after the death of my wife the balance of the said residue together with the residence and land & furniture and domestic effects as aforesaid to be my said daughter Margaret's absolutely.
    12. If at my death I have money on loan (other than that included in the said reserve account) with parker and Monroe Limited it is my wish that said loan be resorted to to liquidate in part or in whole the forty thousand dollars hereinbefore bequeathed to my son and that until the forty thousand dollars be paid to my son that the income arising from the said loan up to the amount due my son of the forty thousand dollars shall go to my son and not go into the residue of my estate but income from said loan on the amount (if such be the case) above that due from time to time to my said son of the forty thousand dollars shall go into the residue of my estate. It is to be understood that it shall be in the discretion of my trustee as to what times and in what amounts she may look to the said Company for payment of the said loan And should the said forty thousand dollars to pay my son be taken from any other part of my estate other than the money on loan as aforesaid my said son shall receive as income thereon or on so much as remains unpaid from time to time interest at six per cent (6%) per annum payable half yearly and to be computed from the end of the first year after my death. If the said loan or any part thereof be ear marked to pay the said forty thousand dollars or any part thereof the income from the sum so ear marked shall accrue for the benefit of my son from the date of my death and said income shall be apportioned accordingly. In no case shall the said interest of six per cent and income arising from said loan be calculated or payable on the same sum together.
    13. It is to be understood that all taxes, insurance premiums and repairs (exclusive of internal decorations such as papering painting etc) in connection with my said residence and the walls and fences inclosing the said land or grounds and shall be a charge on and payable out of my estate so given in trust and be looked after and attended to by my trustee.
    14. Should my trustee after my death predecease my wife without having taken out Probate of this my will and leave a will appointing an executor or executors thereof it is my desire that such executor or executors shall carry out the conditions and trusts of this my will instead of my said daughter and I appoint such executor or executors if only one executor and trustee, if more than one, executors and trustees of this my will but should my said daughter die as aforesaid and not appoint an executor then I desire my wife to appoint in writing under her hand such person or persons as she approves to carry out the conditions and trusts of this my will and I hereby appoint such person or persons executor and trustee or executors and trustees as the case may be of this my will instead of my daughter then deceased.

    In witness whereof I have set my hand to this my will this 18th day of February 1921 at St. John's Newfoundland.

    JAMES F PARKER

    Signed by the testator James F. Parker as and for his last will in our presence who in his presence and and in the presence of each other have hereunto subscribed our names as witnesses.
    Jas. J. McGrath. T. Scanlon McGrath.

    This is a codicil to my foregoing will which will is dated the 18th day of February 1921 Whereas I wish to give to my wife Mary Jane Parker a pecuniary legacy of five thousand dollars to be paid to her promptly after my death Now therefore I hereby give to her five thousand dollars ($5000.00). and ask my trustee to pay same forthwith after my death. In all other respects I confirm my said will.

    In witness whereof I have set my hand to this codicil to my will this 22nd day of February 1921.

    JAMES F PARKER

    Signed by the testator James F. Parker as a codicil to his last in our presence who in his presence and in the presence of each other have hereunder subscribed our names as witnesses.

    Jas. J. McGrath. T. Scanlon McGrath.

    CORRECT. William F. Lloyd Registrar of the Supreme Court of Newfoundland.

    (Listed in the margin next to this will the following)
    Fiat Feby 17/25 Kent J. Probate granted to Margaret Parker. Feby 17/25 Estate sworn at $139,279.98

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