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I name of my wife and my two brothers E.F. Harvey and R.L.
Harvey my Executors or the survivors or survivor of them.
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I authorize my Executors or a majority of them, or of them surviving,
to use their own judgment in the interpretation of this will
or of any ambiguities in it, and that judgment is to be the final
interpretation.
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My Insurance Policies I leave absolutely to my wife any advances
that may exist against them at the time of my death and not yet
paid off
20th Dec./18 J. Harvey
prior to my death to be made good from my General Estate before
division.
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To my above named brothers E.F. Harvey & R.L. Harvey or
to the one that survives me [if one should predecease me] I leave
my holdings of ordinary shares in Harvey & Co. Lim - A. Harvey & Co.
Lim - & Harvey's Estate Lim - provided the articles of Association
permit this, and provided further that the Directors of these
concerns at the time of my death do not object. I leave to their
[my said brothers] discretion and goodwill the decision of how
much of my Preference Stock [including my preference Trust Stock]
they shall eventually assume and
20th Dec./18 John Harvey
over what periods of time they shall pay for it. If both my brothers
shall predecease me the said ordinary Stock shall be offered
to the chairman of Harvey & Co. Lim with the understanding
that he is to arrange for the purchase of my Preference Stock
in those concerns with payment over a reasonable number of years.
If however any of my heirs prefer to hold and not to realize
all or any part of the Preference Stock there shall be no obligation
direct or indirect upon the recipient or recipients of my Ordinary
Shares to take over that block of Preference Stock appertaining
to such heir or heirs.
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As a question might be raised regarding certain amounts that
may be considered as due to me by my
20th Dec./18 John Harvey
Brother E.F. Harvey for funds handed him from time to time I
now declare that there are no sums due to me or to my Estate
by him.
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I desire that from my cash deposits with Harvey & Co. Lim
provision shall be made for payment of three thousand dollars
annually commencing one year after my death and continuing for
five years [the total amount of $15,000. Fifteen thousand dollars]
to be expended upon the training of the C.of E. R.C.
and Meth. School Teachers of Nfld, or upon certain of these
Teachers. Any Teacher benefiting thereby should be bound to teach
in the Colony for at least three [3] years. While I leave the
terms of this Expenditure to the discretion of my Trustees, I
suggest
20th Dec./18 John Harvey
without binding them in any way, that any action taken should
preferably be undenominational. But if this be found impossible
or for any reason likely in their opinion to give disappointing
results, I would preferr that the entire three thousand dollars
per annum should go to any two denominations who would work together
in this matter, and nothing to the third. Failing this and if
it is impossible to embrace the three Denominations or any two
of them satisfactorily [in the opinion of my Executors] in one
place, then I should prefer that the whole three thousand dollars
per annum should go to the Teachers of the C.of E.. The
point to be aimed at being to improve practical Education in
some part or parts of the Colony or the whole Colony. It may
be desirable to
20 Dec./18 John Harvey
spend the money upon the Teachers generally or upon a selected
number of them.
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If I predecease my mother I desire to leave her one thousand
dollars [$1000.00] per annum while she lives.
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If my wife predecease me my Insurance Policies are to form a
part of my Residuary Estate.
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My furniture and personal belongings I leave to my wife or if
she should predecease me to my Executors surviving.
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Except in the case of the ordinary Shares provided for in section
4 [four] the amount payable to any legatee who may predecease
me is to become
20 Dec. 1/2(?) John Harvey
part of my Residuary Estate.
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Legacys not exceeding one thousand dollars [$1000.00] to be
paid at my Executors discretion within eighteen months of my
death.
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I give my Executors or majority or the survivors or survivor
of them full authority such as I have to day myself to vary or
to withhold, or even to cancel, at their sole discretion and
judgment, any of the legacies dealt with in this my will or in
any addendaa or codicil thereto.
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I authorize my Executors to delay at their discretion [provided
they or the survivors of them are unanimous] the payment of any
of the legacies provided for in this will or any addenda thereto
provided they pay the Legatees annual
20th Dec./18 John Harvey
interest upon the amounts involved in each case, such interest
to begin to accrue twelve months after my death. The intent and
object of this clause is to enable my Executors to exercise the
fullest discretion as to the withdrawal of funds from the business
of Harvey & Co. Lim and the allied Firms. Presumably they
will desire to avoid embarrassing these businesses as I would
desire to do myself. The object also is to enable them to control
[by means of the exercise of the right herein given to leave
funds belonging to my Estate with these Firms at the sole discretion
of my said Executors] and to protect the personal interests of
E.F. Harvey and R.L. Harvey or either of them, [or otherwise & for
other purposes] in connection with the common & ordinary
Stock, or the
20th Dec./18 John Harvey
future partnership arrangements of the said Firms. The right
is therefore given my Executors to retain funds belonging to
my Estate in the said businesses and I definitely desire that
they should exercise these powers if they desire to do so and
for their - J. H. personal interests herein referred to.
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I desire half of my Residuary Estate to go to my wife. The other
half to go to my brothers and sister surviving me. If Eugene predecease
me his share to revert to his two sons. Maurice, son of
Bernard & Hester to have one half of what Bernards share
would have been had Bernard survived me under this clause.
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My Executors are
20th Dec./18 John Harvey
fully authorized to deal with amounts payable under this will
to my Nephews especially, entirely at their discretion, and they
will not pay any such legacy if the recipient does not give evidence
of good character.
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My Executors may at their discretion discharge any legacies
by handing over Stocks or Shares in lieu of cash.
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I note in a separate schedule herewith marked A. a number of
detailed legacies involving comparatively minor sums.
Signed at St. John's this 20th Dec. 1918. John Harvey.
St. John's Dec. 30th/18. Addenda to my will referred
to herein as A.