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Will of Frederick George Chislett from Newfoundland will books volume 14 pages
187-190 probate year 1928
In re
FREDERICK. GEORGE CHISLETT.
DECEASED.
This is the last Will and testament of me, Frederick George Chislett, of St.
John's, Newfoundland, Marble Worker.
- I hereby revoke all testamentary instruments heretofore made by me.
- I appoint my wife, Irene Chislett (as long as she remains my widow), and
my son, Bruce Chislett, to be the Executors and Trustees of this my will,
with sole power to my son to act after the death or remarriage of my said
wife, except for the purposes, property and effects of my business hereinafter
mentioned, for which purposes, property and effects I appoint my said son
sole Executor and Trustee hereof.
- I devise and bequeath my immovable property, consisting of my house and
premises at Sudbury, Water Street West, together with the furniture and furnishings
contained therein and thereon unto my Trustees upon the following trusts:
(a) That my Trustees shall permit my said wife to have the use and enjoyment
thereof until her death or remarriage (whichever shall first occur), she,
during that time, and at her own expense, keeping the same in good repair
and insured, provided that she may lease the same during that period, or
any portion thereof, if both my Executors assent thereto.
(b) That after the death or remarriage of my said wife (whichever shall first
occur), my surviving Trustee shall sell, call in and convert into money the
said house and premises, and divide the same in equal shares among my children,
Bruce, Irene, Harold, Mildred, Hunter, Edith, Kenneth, Pauline, and
Freddie,
or such of them as are living at that time, provided that the first reasonable
opportunity to purchase such house and premises shall be given among my said
children.
( c) Further to the above, in the event of both my Trustees agreeing thereto,
my said house and premises may be sold during the lifetime of my widow, and
the proceeds divided equally among my wife and such of my children as shall
be alive at the date of sale.
- I devise and bequeath unto my said son Bruce the goodwill of my business
of Marble Worker at present carried on by me at St. John's, and I declare
that this gift shall include all goods manufactured and unmanfactured, and
all stock-in-trade, machinery, plant and effects belonging to me in connection
with or used for the purposes fo the said business, and the benefit of all
leases and contracts subsisting in relation thereto at my death, and also
all book debts which shall be owing to me in connection with the said business,
and any securities for money, cash or money at the bank to the credit of
my business account, and my said son shall take over and discharge all my
liabilities in connection with my said business existing at my death and
shall indemnify my estate against the same.
- My said son shall hold my said business under the same name as at present
constituted, subject to the following trusts and provisions;
(a) My said son shall pay one-half of the net annual income of the said business
(ascertained after payment of outgoings) to my wife for a period of Ten (10
years from my death, provided that she shall remain my widow.
(b) From and after the said period of Ten (10) years my said son shall during
the remainder of her life pay one-quarter of such net annual income to my
wife provided that she shall remain my widow.
( c) In the event of the death or remarriage of my wife before the expiration
of the period of ten (10) years referred to hereinbefore, my said son Bruce shall apply the said one-half of the net annual income of the business (previously
payable to my wife) for the support, maintenance and education of the rest
of my children in such manner as he shall think fit. If such sum is more
than sufficient for such needs and purposes, he shall place the balance in
a trust fund at a savings bank in this city, or invest the same in securities
(properly allowable under the Trustee Act) the whole to be realized and divided
among such of my children as shall be alive on the twenty-first birthday
of the youngest then living, or as near thereto as possible.
(d) In the event of the death or remarriage of my wife either before or after
the said period of ten (10) years, but before all my children have attained
the age of twenty-one years, the said one-quarter share of the net annual
profits (previously payable to my wife from ten (10) years after my death)
shall be applied by my said son Bruce for the support, maintenance and education
of the rest of my children in such manner as he shall think fit for a period
ending with the twenty-first birthday of the youngest then living. If such
sum is more than sufficient for such needs, he shall place the balance during
that period in a savings bank in this city, or invest the same in securities
(properly allowable under the Trustee Act), the whole to be realized and
divided among such of my children as shall be alive at the said twenty-first
birthday of the youngest then living, or as near thereto as possible.
(e) In the event of my said business proving unsuccessful within the periods
provided for in ( c) and (d) of this paragraph, the same may be sold in a
manner best suited to the realization of the proper value thereof by my son
Bruce, and the net proceeds divided equally among my wife if she shall remain
my widow, and such of my children as are alive at the date of the sale.
(f) Subject as aforesaid, my said son shall be entitled to the said business
and to the income thereof for his absolute use and benefit.
- In the event of there being any necessity for the appointment of a legal
guardian to any of my children until he, she or they reach majority, it is
my desire (but not so as to bind my said son) that my son Bruce obtain
such appointment.
- Subject to the payment of my debts and funeral and testamentary
expenses, I devise and bequeath the residue of my estate unto my Trustees
to convert the same into money and pay the same to my son Bruce to provide
additional capital for my said business, the same then becoming subject to
the trusts and provisions expressed in paragraph five (5) of this my will.
In WITNESS WHEREOF I have hereunto set my hand this 3rd day of November December
A.D. 1927.
D. G
K.J.G
R.G
Frederick George Chislett.
Signed by the above named Frederick George Chislett as his last Will and Testament
in the joint presence of himself and us, who at his request and in such joint
presence have hereunto subscribed our names as witnesses.
Dorothy Gillingham.
Stenographer
Kenneth J. Gillingham.
Electrician.
Raymond Gushue.
Barrister.
CORRECT
William F. Lloyd
(Listed in the margin next to this will the following)
Fiat
Jany 28th 1928
J. M. Kent J
Probate granted
to Irene Chislett
and Bruce
Chislett
28th January
A.D. 1928
Estate Sworn at
$15,994.91
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