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 88-90 probate year 1925

Will of Nicholas Walsh

IN RE:   NICHOLAS WALSH.    DECEASED

This is the last will of me Nicholas Walsh of St. John's Newfoundland Merchant and I revoke all former wills by me made. I appoint my son John Thomas Walsh to be the executor of this my will. I give the following legacies namely

    To my sister Mary A Hunt if she be living at my death two hundred dollars
    To Sister Columba (formerly Miss Tobin) of the Presentation Convent Cathedral Square St. John's two hundred dollars
    To the Roman catholic Corporation of St. John's for the use and benefit of said convent one hundred dollars
    To Winnie Murphy wife of John F Murphy (nee Tobin) one hundred dollars
    To Belvidere Orphanage St. John's one hundred dollars
    To Mount Cashel Orphanage one hundred dollars
    To St Vincent De Paul Society (mens) St. John's one hundred dollars
    To the Dorcas Society St. John's one hundred dollars
    To my Executor in trust for the poor of Catalina Little Catalina and Melrose to be distributed amongst them or utilized for their benefit as in his discretion may seem best three hundred dollars
    To the Roman catholic Church and Roman catholic School Catalina, to be apportioned as my executor may deem best four hundred dollars


    To my said son John Thomas Walsh and his wife Agnes Walsh their and each of their executors and administrators (hereinafter called "the trustees") I give my debentures in the Roman Catholic Episcopal Corporation of St. John's of the face value of five thousand dollars upon trust to pay or transfer one thousand dollars face value of said debentures (or its equivalent if said debentures have been converted into any other stock or capital) to each of my grandchildren namely John Joseph Walsh, Nicholas P. Walsh, Mary C. Walsh, Thomas F. Walsh and Constance M. Walsh when he or she attains twenty one years of age And upon trust from time to time during the minority of said grandchildren or any of them to apply the net income arising from said debentures or other converted stock or capital which at the time is not absolutely vested in grandchildren who have come of age to and towards the maintenance and education of the then living said minor grandchildren as in the discretion of the trustees seems beneficial to the said minor grandchildren And upon trust that if any one or more of my said grandchildren die before attaining twenty one years his her or their share or shares in the Corpus and in the income not utilized at the death of the said minor or minors shall be considered a part of the Corpus and income which the then survivors (grandchildren) shall equally share - those of twenty one years and upwards taking an absolute vested interest and the others subject to attaining said age - and shall be paid out or transferred (as the case may be) to those of twenty one years and upwards when the trustee find it convenient to do so

    The residue of my estate I give to my said son John Thomas Walsh absolutely In Witness whereof I have set my hand to this my will this 11th day of January A. D. 1916.

    NICHOLAS WALSH

    Signed by the above named Nicholas Walsh as and for his last will in the presence of us both being present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as witnesses

    Jas. J. McGrath. T. S. McGrath.

    This is a Codicil to my foregoing last Will and Testament dated the 11th day of January 1916, as follows:-

      1. I revoke the appointment of my son John Thomas Walsh as Executor of my said will and as a joint trustee of certain Roman Catholic Episcopal Corporation of St. John's debentures therein named and I hereby appoint Agnes Walsh his wife, my grandson John Joseph Walsh and Thomas Scanlon McGrath my executors and trustees to whom I give the said debentures for the purposes and upon the trusts set out in said will.

      2. I revoke the bequest in said will of the residue of my estate and I give the same to my trustees in trust to pay half thereof to my said son John Thomas Walsh and his wife in such amounts and at such periods as a majority of my trustees shall in their discretion think fit and in trust to pay the remaining half to my said grandchildren in equal shares at such times in such manner and in such amounts as the majority of my trustees shall in their discretion decide.

    In witness whereof I have hereunto subscribed my hand to this Codicil to my said last will at St. John's Newfoundland this 22nd day of January 1925.

    NICHOLAS WALSH.

    Signed by the Testator Nicholas Walsh as and for a Codicil to his will in our presence who in his presence and in the presence of each other have hereunto 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 March 14th, 1925 Kent J. Probate granted to Agnes Walsh. John Walsh and T. Scanlon McGrath. March 16/25 Estate sworn at $82,691.36

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