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A Collection of Newfoundland Wills
(C)
James O'Neil Conroy

 

Will of James O'Neil Conroy, from Newfoundland will books volume 15 pages 412 & 413 probate year 1931

IN RE.                              DECEASED
James O'Neil Conroy.

THIS IS THE LAST WILL AND TESTAMENT of me James O'Neil Conroy of St John's in the Colony of Newfoundland Barrister at Law. I revoke all further and other wills by me at any time made and I appoint Joseph Gordon Muir of St John's Solicitor to be the executor of this my will.

  1. I direct my Executor to collect and examine all my private and professional papers books letters accounts and memoranda and to destroy all of them except such as in his opinion it will be in the interest of any of my clients or of my estate to preserve.
    In recognition of this service I bequeath to my executor the sum of one hundred dollars ($100.00) and I further authorise the payment to him of all his ordinary and proper professional charges for obtaining probate hereof.
  2. I bequeath to James Ronald MacDonald, Junior, of St Georges the sum of two hundred dollars ($200.00).
  3. All the residue of my property of every description after payment of my debts and funeral and testamentary expenses I bequeath to my wife Elizabeth Conroy for her sole and absolute use.
  4. Should my said wife predecease me I bequeath the whole residue of my estate as aforesaid to my said Executor and to the Eastern Trust Company to hold the same upon the following trusts:
    (a) To convert all or any portion of my chattels real or other property into money in my trustee's discretion and to apply the interest or dividends thereof and all rents profits and other income of my estate and in the absolute discretion of my executor the whole or any part of the capital assets thereof to the maintenance and education of any minor child or children who may survive me until the majority of the youngest, elder children until that event to receive equal shares in the income (if any) in excess of what my executor shall in his discretion deem adequate for the maintenance and education of the minors.
    (b) At the majority of my youngest surviving child to distribute the whole of my estate amongst all my children then surviving provided that in case any of them shall have entered or in my Executors opinion intend to enter Holy Orders or any Order of Religious the distributive shares of such child or children shall be retained by my trustees and accumulated at compound interest upon trust;
    (1) If such child at any time relinquish the religious life then to pay over his or her share and accumulated interest. If such child die without having relinquished the religious life then to distribute such share and interest among the persons entitled to the residue of my estate.
    (c) If no children survive me or in the death of my last surviving child if all die while still minors to transfer the whole of my estate to my father Charles O'Neill Conroy and my mother Mary Agnes Conroy or to the survivor of them.
    (d) If no children survive and both parents predecease me to apply the whole income of my estate and in my Executor's absolute discretion the whole or any part of the capital assets thereof to the maintenance and education of my brothers and sisters, being minors, until the majority of the youngest and then to transfer the whole residue of my estate to my brother Edward Patrick Conroy provided that my executor shall be satisfied that my said brother has not entered and does not intend to enter Holy Orders or any Order of Religious.
    (e) If my executor shall not be so satisfied or if my said brother shall die before the youngest of my brothers and sisters attains majority to distribute the whole of my estate amongst all my brothers and sisters then surviving subject to the same proviso as set forth in Subsection (b) hereof.
  5. I declare that the persons entitled to the residue of my Estate under Subsection (b) (ii) of Paragraph 4 shall be all the descendants of my father and mother then surviving, per stirpes and if none of them survive The Permanent Marine Disasters Fund of Newfoundland.
  6. I desire my trustees to have absolute freedom of choice in the selection of investments and I accordingly expressly authorise them to ignore the provisions of the Trustee Act in that behalf.

IN TESTIMONY WHEREOF I have set my hand to this my will at St John's aforesaid the Fourteenth day of February Anno Domini one thousand nine hundred and twenty seven.

J. O'N Conroy

SIGNED PUBLISHED AND DECLARED by the above named Testator as and for his last will and testament in the joint presence of himself and of us who in such joint presence and at his request have hereunto subscribed our hands as witnesses attesting the due execution hereof:
Patrick J. Goss          Myles P. Murray
152 Gower St.             74 Prescott Street
St John's Nfld.             St John's.

 

A CODICIL to the last will and testament of me James O'Neill Conroy of St John's in the Colony of Newfoundland, Barrister at Law.

  1. I appoint James Michael McGrath of St Mary's Physician to be a co-executor of my will and codicils thereto with Joseph Gordon Muir the executor named in the will.
  2. I give and bequeath all my law books to my father Charles O'N Conroy.
  3. I give and bequeath to the James Michael McGrath and to my wife in equal share all my other books, to be divided as they may agree.

In testimony whereof I have set my hand to this holograph codicil the whole being in my own handwriting at St John's aforesaid this 20th day of January 1930.

J. O'N Conroy

Correct.

William F. Lloyd
Registrar of the Supreme Court of Newfoundland

Written in the top right-hand margin:
Fiat
W. J. Higgins
Judge May 18/31
Probate granted
Joseph Gordon
Muir
and
James Michael
McGrath
on the
18th day of May
A.D. 1931
Value of Estate
$20,630.48

 

 

Page Contributed by Judy Benson, Sheila Tiberio & Transcribed by Lenora Cooper

Page Revised by Ivy F. Benoit ( Sunday June 30, 2019 )

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