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 pages 554-555 probate year 1927

TO THE HONOURABLE THE SUPREME COURT OR TO ONE OF THE HONOURABLE THE JUDGES THEREOF.

The Petition of Reverend William Finn of Grand Falls, Parish Priest, and James MacKenzie of St. John's, Insurance Manager.

1. 1. James H. Judge late of Grand Falls aforesaid, Electrician, died at Biddeford in the State of Maine in the United States of America on the day of August A.D. 1926 having first made and executed his last will and testament.
2. 2. The said last will and testament is hereunto annexed marked "A".
3. 3. The said deceased left surviving him a widow, Mary Judge, and three children, James Judge, Bartholomew and Catherine, all under the age of twenty-one and residing with the said Mary Judge at Grand Falls aforesaid.
4. 4. The said deceased was possessed of property at the time of his death within the Jurisdiction of this Honourable Court of the probable gross value of $26,575.55 as appears from the hereto annexed inventory marked "B" which said inventory is a full true and correct account of the estate of the said deceased as far as your petitioners are aware or can ascertain.

In the Matter of the Estate of
James H. Judge late of Grand Falls
Electrician, deceased.

NEWFOUNDLAND:

St. John's to wit.

I, John G. Higgins of St. John's aforesaid, Solicitor, make oath and say as follows:-

1. 1. I am the Solicitor for the Executors of the above named estate and have full knowledge of the facts herein deposed to.
2. 2. The gross value of the said estate within the Colony of Newfoundland was set for probate purposes and sworn to as $26575.55.
3. 3. The gross value of the said estate within the Colony of Newfoundland and outside the Colony of Newfoundland under the Death Duties Act was set at and sworn to as $34380.71 and the liabilities as $821.99 and the tax paid under the Death Duties Act was paid on the sum of $33,558.72.

John G. Higgins
Sworn at St. John's
aforesaid the 19th
day of March A.D. 1927
before me. D. Q. Kent Clerk"B"

This is the Inventory referred to as marked B in the petition of Rev William Finn and James Mackenzie D.Q.K.

I, _____________________ make oath and say that I am _______________________ and that the above is, to the best of my knowledge, information and belief, a just and true Inventory and Valuation of the Property of the said Deceased at the time of ________ death as far as I can at present ascertain.

Sworn at _______________
this ______ day of ________
A.D. 19 __, before me,

In the Estate of JAMES H. JUDGE, deceased.

I, Robert B. Seidel, of Biddeford in the County of York in the State of Maine, in the United States of America, make oath and say, that on the 23rd day of January A.D. One thousand nine hundred and twenty two I was present and did see James H. Judge, late of Biddeford aforesaid and of Grand Falls in the Island of Newfoundland, the Testator named in the paper writing hereunto annexed marked "A" duly sign, publish and declare the said annexed paper writing, as and for his last Will and Testament in my presence, and in the presence of Daniel Doherty and Edward G. Sullivan the other subscribing witnesses thereto. That I and said Daniel Doherty and Edward G. Sullivan then and there signed our names to such Will as such witnesses, in the presence of the said Testator. And that at the time of the said execution of the said Will the said Testator was of sound and disposing mind memory and understanding, to the best of my knowledge and belief.

Sworn at Portland, Maine, United States of America on the fourth day of December, A.D. 1926 Robert B. Seidel

Signed & declared by Robert B. Seidel before me.
J. B. Keating
H.M's Consul
British Consulate
Portland Maine
fourth day of December 1926.

Oath of Executor D. R. Thistle, King's Printer.

I, James MacKenzie of St. John's, Insurance Manager, in the Electoral District of St. John's East, make oath and say that James H. Judge late of Grand Falls, in the Electoral District of Twillingate Electrician, deceased died with a Will, that I am one of the Executors therein named; that I will well and faithfully administer the estate and effects of the testator by paying his just debts and the legacies contained in Will so far as the same shall thereto extend and the law bind me, and by distributing the residue (if any) of the said estate and effects according to law; that I will exhibit under oath a true, full and perfect inventory of all and singular the estate and effects of the testator, and render a just and true account thereof whenever required by law so to do; that the testator died at Biddeford in the State of Maine in the United States of America on the day of August, one thousand nine hundred & twenty six; and that the gross value of the estate and effects of the said testator is twenty six thousand five hundred and seventy five -----55/ dollars, and no more, according to the best of my knowledge information and belief.

(Hand-written at the top of the following page) Fiat W. R. Warren J. March 5. 1927.

First: I give, bequeath and devise all the estate, real, personal and mixed wherever found and however situated, of which I may die seized or possessed, unto William Finn of Grand Falls, and James A. MacKenzie of St. John's, both in the Dominion of Newfoundland, to have and to hold the same unto them, the said William Finn and James A. MacKenzie in trust for the following purposes, viz.
A- I direct my said executors and trustees to convert all my property, real, personal and mixed into Dominion government bonds of the Dominion of Canada, and to pay the net proceeds derived from the interest on said bonds in monthly payments to my wife, Mary, for and during the term of her natural life, and so long as she shall remain unmarried.
B- In the event of the death of my said wife before the youngest of my children shall have attained the age of twenty-one years, then I wish and direct that said trust shall continue, and that the interest of said bonds shall be paid for the benefit of each of my children, until the youngest shall have attained the age of twenty-one years, and in case of the death of any one or more of my said children without lawful issue, either before or after the decease of my said wife, then such interest on said bonds shall be paid to the survivor or survivors.
C- At the decease of my said wife, and at the time when my youngest living child shall have arrived at the age of twenty-one years, it is my wish, and I hereby direct that said trust shall terminate, and at the termination of such trust, I give, bequeath and devise all of my estate in equal shares to my children, and in the event of the death of any one of my said children without lawful issue, then to the survivor or survivors.
D- In the event that any of my children shall decease before said trust shall terminate, and shall leave lawful issue, I wish and direct that said share of such deceased child shall descend to his or her issue, subject, however, to the conditions above set forth.

Second: I nominate and appoint said William Finn and James A. MacKenzie executors of this, my last will and testament.

In Testimony Whereof, I hereunto set my hand and seal and declare this to be my last Will and Testament, this twenty-third day of January in the year one thousand nine hundred and twenty-two

Signed, Sealed, published and declared by the above-named James H. Judge as and for his last will and testament in the presence of us, who at his request, in his presence, and in presence of each other, hereto subscribe our names as witnesses thereto on this twenty-third day of January A.D. 1922.
Robert B. Seidel
Daniel Doherty
Edward G. Sullivan

Approved and Allowed.