NL GENWEB

Transcribed by Judy Benson & Ivy Benoit. While we have endeavored to be as correct as humanly possible, there could be some typographical errors

Newfoundland will books volume 10 pages 443 & 444 probate year 1916.

Will of Thomas Russell

In re: THOMAS RUSSELL. DECEASED.

I Thomas Russell of Catalina in the District of Trinity in the Island of Newfoundland Fisherman, hereby revoke all former wills and testamentary gifts by me at any time made and declare this to be my last will and testament.

I give devise and bequeath to Frederick Somerton Esquire Stipendiary Magistrate of Trinity in the District of Trinity, and Peter Coleridge, Trader, of Catalina [home I appoint joint executors and trustees of my will] all my real and personal property in trust for my wife until her death. I direct that all expenses for the support of my wife and the upkeep of my property shall be subject to the approval and order of my executors. I direct that, out of the ready money in the house at the time of my death, or if the said money shall have been inadequate, then out of money on Deposits in the Bank of Nova Scotia they pay my debts, and testamentary and funeral expenses and to expend such a sum as my aforesaid executors shall deem necessary to place a suitable tombstone above my grave. I direct that after the death of my wife my executors shall pay her funeral expenses, and if they deem it necessary shall erect a tombstone, paying for its cost and erection from my money on Deposit in the Bank of Nova Scotia. I direct that as soon as may be after the decease of my wife my executors shall call in the remainder of my money on deposits, and pay out the same to the following legatees in the proportions hereafter mentioned, that is to say to my daughter Lucy House one third part, to my daughter Mary Anne Slade at present of Boston, United States of America, one third part and to my grandson Russell Gullage, also of Boston, one third part.

I give devise and bequeath to my grandson's Maxwell House and Russell Gullage all my property not hereinbefore devised and bequeathed in two equal shares, share and share alike, with this proviso, that the said Maxwell House shall have the free use and occupation of the whole property aforesaid until such time as the said Russell Gullage shall require it for his own personal use, otherwise that Russell Gullage shall sell his half of the said property to the said Maxwell House for a reasonable and fair valuation. I direct that after my death I shall be buried at the foot of my father's grave in the Church of England Cemetery.

I give and bequeath to Lydia Rowe one spinning wheel. I direct that my executors shall deliver five dollars worth of furniture to each of the following persons namely, Eliza Fifield and Lydia Rowe. In witness whereof I have hereunto set my hand this twenty eight day of June A. D. one thousand nine hundred and sixteen Thomas Russell.

Signed by the testator in the joint presence of us who thereupon signed our names in his and each other's presence.

John J. White, J. P. A. P. McKay, M.D.

I make and declare this to be a codicil to my will bearing date the twenty eight day of June A. D. one thousand nine hundred and sixteen. I direct that after the death of my wife, the bequest of one third of my money on deposit to my daughter Lucy House shall in the event of the death of the said Lucy House revert to my granddaughter Nellie House. Further in addition to the bequests hereinbefore mentioned, I bequeath to my grandson Alphonso House son of Lucy House aforesaid one bed and bedding and my watch.

In witness whereof I hereunto set my hand this twenty ninth day of June A. D. one thousand nine hundred and sixteen

Thomas Russell

Signed by the testator in the joint presence of us who thereupon signed our names in his and each other's presence. John J. White, J. P. A. P. McKay, M. D.

Certified correct
Charles H. Emerson
Registrar of the Supreme Court of Newfoundland

(In the margin next to this will the following)

Fiat Sept 16/16 Court Probate Sept 16/16
granted to Fredk Somerton & Peter Coleridge
Estate sworn at $812.00


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