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 9 pages 242-244 probate year 1911

Will of Louisa Ann Whiteley

In re: LOUSIA ANN WHITELEY. DECEASED

This is the last will and Testament of me Louisa Ann Whiteley of St. John's Newfoundland, widow, and I revoke all former wills by me made. I appoint my son William Henry Whiteley and my daughter Margaret Edith Whiteley to be the executors of this my will

1. I give devise and bequeath absolutely to my said daughter Margaret Edith the land and dwelling house at present occupied by me and known as No. 5 Military Road together with the household furniture and domestic effects of every description contained therein

2. I give devise and bequeath to my said executors in trust all the land together with the two dwelling houses thereon situate on the north side of Gower Street Nos. 18 and 20 at present occupied respectively by Revd. L. Curtis and Mrs R. B. Job upon trust

    (a) until the death of my said daughter Margaret Edith to pay out of the net income of profits from said land and dwellings an annuity of one hundred dollars to my sister Helina Donaldson during her life and during the payment of the said annuity to pay the balance of the said net income or profits to my said daughter Margaret Edith: and if my said sister die before the death of my said daughter to pay the whole of the said net income or profits to my said daughter Margaret Edith

    (b) on the death of my said daughter Margaret Edith to pay the said annuity as aforesaid, if my said sister be then still living, and the balance as aforesaid pay to my said son William Henry and my son John Joseph in equal shares

    (c) On the death of my said daughter Margaret Edith and on the death of my said sister to convey the land and dwelling house No. 18 now occupied by Revd. L. Curtis unto my said son John Joseph for ever and the land and dwelling house No. 20 now occupied by R B. Job unto my said son William Henry forever Provided that my executors shall have power to sell one or both of the said dwelling houses together with the land appurtenant thereto, and the net proceeds (hereinafter called the principal) arising from such sale or sales shall be invested so as to produce an income which income (when both houses are sold) together with the income from the unsold house, shall be paid as hereinbefore provided for payment of the income or profits from the said dwelling houses, and on the death of both my said sister and said daughter if both my said houses and lands are then sold, the principal shall be divided and paid over to the said William Henry Whiteley and John Joseph Whiteley in equal shares: but if only one house with the land appurtenant be then sold then the house and land remaining unsold shall be conveyed as aforesaid, that is to say if it be the land and dwelling No. 18 to my son John Joseph, but if it be the land and dwelling No. 20 to my son William Henry and the said principal (net proceeds of one house and the land appurtenant) shall be paid over to the other.
3. I give to the children of my deceased son Arthur L Whiteley the sum of nine hundred dollars share and share alike

4 The residue of my Estate I give to my said daughter Margaret Edith.
In witness whereof I have hereunto set my hand at St. John's aforesaid this tenth day of May Anno Domini nineteen hundred and ten - Louisa A. Whiteley Signed by the above named Louisa Ann Whiteley as her last will in the presence of us, both being present at the same time, who in her presence and in the presence of each other have hereunto subscribed our names as witnesses Jas. J. McGrath Albert H. Martin

Certified correct, D. M. Browning
Registrar
(Listed in the margin next to this will the following)
Fiat April 19/11 C.J. Probate April 20/11 granted to Margaret E. Whiteley reserving the rights of Wm H. Whiteley Estate sworn at $13,282.75

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