Will of Patrick McGrath from Newfoundland will books volume 14 pages 528-534 probate year 1929

In re     DECEASED.
SIR PATRICK T. MCGRATH K.B.S..

THIS IS THE LAST WILL AND TESTAMENT of me Sir Patrick T. McGrath of St. John's in the island of Newfoundland, Journalist.
First: I revoke all former wills and testamentary dispositions heretofore made by me.

Second I appoint the Royal Trust Company and Lewis Edward Emerson of St. John's barrister-at-Law, to be executors and trustees of this my will.

Third I order and direct that all my just debts, funeral and testamentary expenses, death duties and succession duties and other taxes upon my estate either in this country or elsewhere be first paid in full out of the capital of my estate.

Fourth To my nephew John McGrath I bequeath my Times History of the War.
To my Nephew Sidney Fraser I bequeath "The Great War".
To my nephew Bruce Fraser I bequeath my John Buchans History of the War.
To my Nephew Evan Fraser I bequeath "The South African War".
To my nephew Charles Blackie I bequeath my Encyclopaedia Britannica.
To my nephew Claude Fraser I bequeath the Balance of my books, periodicals, papers and manuscripts.

Fifth I give and bequeath to each of the following namely, The Roman Catholic Archbishop of St. John's, the Bishop of Harbour Grace, and the Bishop of St. Georges, the sum of two hundred dollars for Masses for the repose of my soul, and I direct that each of them shall give such money to a priest or priests in his diocese who shall need it most, leaving the choice of such priest or priests to the discretion of the aforesaid Archbishop or Bishops.

Sixth. I give and bequeath to the Christian Brothers of Mount St. Francis the sum of Five hundred dollars to be invested by the said Christian Brothers and the income therefrom to be taken by them and be regarded as being a perpetual annual subscription from me,
to Mount Cashel Orphanage the sum of three hundred dollars,
to Belvidere Orphanage the sum of three hundred dollars,
to the Church of England Orphanage the sum of two hundred dollars,
and to the Methodist Orphanage the sum of two hundred dollars.

Seventh I give and bequeath to the the Benevolent Irish Society the sum of two hundred dollars to be invested by the said society and the income therefrom to be taken by it and regarded as a perpetual subscription from me.

Eight I give and bequeath to the Roman Catholic Episcopal Corporation of St. John's the sum of one thousand dollars in the bonds of that Corporation of which I am now a holder.

Ninth I hereby forgive release and discharge the debt due me by my brother Thomas McGrath which is ensured by Mortgage on his messuage and premises and all interest, premium of insurance and other charges and claims in connection therewith and I order and direct my executors and Trustees to release to my said brother the aforesaid mortgage at the cost of the estate and to reconvey to him the said messuage and premises freed and discharged from all principal money and interest secured by and from all claims and demands under the said mortgage.

Tenth I order and direct that within a reasonable time after my death in the discretion of the executors and trustees which time shall not exceed one year my house and furniture shall be sold.

Eleventh I give and bequeath the residue of my estate to my executors and trustees upon trust until the death of the last survivor of my sisters Bessie Taylor and Josephine Blackie and my brother Thomas R. McGrath out of the income arising therefrom,
(1) To pay to my sister Josephine Blackie during her lifetime or until re-marriage the sum of eighteen hundred dollars per year,
(2) To pay to my brother Thomas R. McGrath during his life the sum of one thousand dollars per year.
(3) To pay to my sister Bessie Taylor during the joint lives of her and her husband Charles F. Taylor fifteen hundred dollars per year when they live apart (my executors and trustees to have absolute authority and discretion to apportion same as circumstances may appear to them to require. Should my said sister Bessie Taylor survive her said husband to pay to her the said sum of Fifteen hundred dollars during her life or until her re-marriage.
(4) Should any of my four nephews Claude, Sidney, and Bruce Fraser, and Charlie Blackie decide to study for any business, profession or calling which shall be approved by my executors and trustees to pay each year in advance if necessary or from time to time or otherwise as may be required towards their education and maintenance during the period of study (which period for the purpose of the payments in this sub-paragraph provided shall not in any case extend beyond the age of twenty five years) a sum not to exceed one thousand dollars per year each as in their opinion and absolute discretion my executors and trustees shall consider reasonable, but such payment shall cease and determine upon any of my said nephews marrying before attaining the age of twenty three years in so far as such nephew or nephews is concerned.
(5) To pay to my respective nephews and nieces hereinafter named during their respective lives the balance of the income arising from the residue of my estate (including such amounts as shall from time to time be added thereto by the failure or termination of any of the payments under this paragraph) until the death of the survivor of my sisters and brother aforesaid as follows that is to say
(a) to my nephew John McGrath eight-fortieths,
(b) to my nephews Evan Fraser, Sidney Fraser, Bruce Fraser and Claude Fraser and Charlie Blackie five-fortieths each,
(c) to my nieces Ellen Ryan, Dorothy, Margery, Mary, Cathleen, Bessie and Emma McGrath one-fortieth each.
Upon the death of any of said nephews or nieces I will and direct that the share or shares of said balance of said income of any of my said nephews or nieces so dying shall be dealt with as directed in paragraph Thirteen below.

Twelfth Upon the death of the last survivor of my sisters and brother aforesaid I give and bequeath the said residue of my estate to my executors and trustees upon trust to divide the same between my said nephews and nieces as shall then be living in the proportions in which the income is divided between them in the next preceding paragraph and I will and direct that the share or shares of any of my said nephews or nieces as shall then be dead shall be dealt with as directed in the next succeeding paragraph.

Thirteenth Should any of my nieces or nephews die before the last survivor of my said sisters and brother I will and direct the (a) If he or she shall die unmarried or married but without leaving a child or children him or her surviving the share of income and capital which he or she would have taken had he or she lived shall form part of my residuary estate so that the share of my then surviving nieces and nephews shall be increased in proportion to their interests inter se hereunder (b) If he or she shall die leaving one child him or her surviving the said child shall take one-half of the interest or share which his or her parent would have taken had such parent lived and the other half interest or share shall form part of my residuary estate so that the share of my then surviving nephews and nieces shall be increased in proportion to their interests inter se hereunder. ( c) If he or she shall die leaving two or more children the said children shall take the parents share in equal proportions.

Fourteenth The first payment on account of the annuities and other periodical payments in the nature of income bequeathed in paragraphs Eleven and Twelve hereof shall be made six months after my death or at a date as near thereto as the nature of the securities in which my residuary estate shall be invested and the time at which dividends arising therefrom will permit and subsequent payments shall be made half yearly thereafter.

Fifteenth All annuities and other periodical payments in the nature of income bequeathed in this my will shall be considered as accruing from day to day and shall be apportionable in respect of time accordingly.

Sixteenth My executors and trustees shall not be obliged to give security for administration anything to the contrary in any law of this or any foreign country notwithstanding.

Seventeenth In all cases where any doubt exists or may exist as to whether any asset should be treated in the administration of my estate as belonging to capital or revenue, the opinion of my executors and trustees shall prevail and shall be conclusive and in like manner if any question shall exist as to how far payments made to any Government by way of legacy or succession duties are to be borne by capital or by revenue the opinion of my executors and trustees shall be final and conclusive.

Eighteenth My Trustees shall have power to make any necessary partitions amongst beneficiaries in such manner as my trustees may deem best, without any process of law, and to settle any legacy, share or interest in my estate either by paying the same in cash or at the discretion of my trustees by conveying to the party entitled to such legacy, share or interest investments belonging to my estate, or made for the purpose of my Trustees. In case of dispute between any two or more persons claiming under this my Will as to the value of any assets constituting any such legacy share or interest the decision of my trustees shall be final and conclusive.

Nineteenth My Executors and Trustees shall have power in their discretion to invest reinvest and alter investments in such securities as they may deem best without being restricted by any law of Newfoundland or elsewhere in regard to investments and without responsibility for anything but good faith in their administration.

Twentieth The Royal Trust Company is to have custody of all securities and documents of my estate and is to keep the accounts of my estate.

IN WITNESS WHEREOF I, the said Patrick T. McGrath have hereunto my hand subscribed at St. John's aforesaid this 3^rd day of March Anno Domini one thousand nine hundred and twenty eight.

P. T. McGRATH.
Signed by the said testator as and for, his Last Will and Testament in the presence of us both being present at the same time who at his request, in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
L. E. Emerson.
Geo M. Emerson.
THIS IS A CODICIL TO THE LAST WILL AND TESTAMENT of me Sir Patrick McGrath of St. John's in the island of Newfoundland, Journalist, which bears date the third day of March Anno Domini one thousand nine hundred and twenty eight.
First I revoke the tenth clause of my said will and substitute therefore the following namely
"Tenth (a) I order and direct that my executors and trustees shall permit my sister Josephine Blackie to live in my dwelling house on Gower Street in St. John's aforesaid and to have the full use thereof together with my household furniture, good, chattels and effects free of charge for any time she may desire but not exceeding one year after my death (b) At the end of such year or such earlier time as my said sister shall cease to live in my said dwelling house I order and direct that my household furniture, goods, chattels and effects shall be sold and that the proceeds thereof fall into the residue of my estate (c) Subject to the provisions of sub-clause (a) of this clause I give and bequeath my said dwelling house to my nephew John McGrath absolutely".

Second I revoke the eleventh clause of my said will and substitute therefor the following namely
"Eleventh. I give and bequeath the residue of my estate to my executors and trustees UPON TRUST until the death of the last survivor of my sisters Bessie Taylor and Josephine Blackie and my brother Thomas R. McGrath out of the income arising therefrom, (1) to pay to my sister Josephine Blackie during her lifetime or until re-marriage the sum of Eighteen hundred dollars per year. (2) To pay to my brother Thomas R. McGrath during his life the sum of one thousand dollars per year. (3) To pay to my sister Bessie Taylor during the joint lives of her and her husband Charles F. Taylor fifteen hundred dollars per year when they live apart (my executors and trustees to have absolute authority and discretion to apportion same as circumstances may appear to them to require) Should my said sister Bessie Taylor survive her said husband to pay to her the said sum of Fifteen hundred dollars per year during her life or until her re-marriage. (4) Should any of my four nephews Claude, Sidney, and Bruce Fraser, and Charlie Blackie decide to study for any business, profession or calling which shall be approved by my executors and trustees to pay each year in advance if necessary or from time to time or otherwise as may be required towards their education and maintenance during the periods of study (which period for the purpose of the payments in this sub-paragraph provided shall not in any case extend beyond the age of twenty five years) a sum not to exceed one thousand dollars per year each as in their opinion and absolute discretion my executors and trustees shall consider reasonable, but such payment shall cease and determine upon any of my said nephews marrying before attaining the age of twenty three years in so far as such nephew or nephews is concerned. (5) To pay to my respective nephews and nieces hereinafter named during their respective lives the balance of the income arising from the residue of my estate (including such amounts as shall from time to time be added thereto by the failure or termination of any of the payments under this paragraph) until the death of the survivor of my sisters and brother aforesaid as follows that is to say (a) to my nephew John McGrath seven thirty-ninths (b) to my nephews Evan Fraser, Sidney Fraser, Bruce Fraser and Claude Fraser and Charlie Blackie five thirty-ninths each, (c) to my nieces Edith Ryan, Dorothy, Margery, Mary, Cathleen, Bessie and Gemma McGrath one thirty-ninth each. Upon the death of any of my said nephews or nieces I will and direct that the share or shares or said balance of said income of any of my said nephews or nieces so dying shall be dealt with as directed in paragraph Thirteen below".

In witness whereof I, the said Patrick T. McGrath have hereunto my hand subscribed at St. John's aforesaid this 10^th day of August Anno Domini one thousand nine hundred and twenty eight.

P. T. McGRATH
Signed by the said testator as and for a Codicil to his last will and testament in the presence of us both being present at the same time who at his request, in his presence and in the presence of each other have hereunto subscribed our names as witnesses
Geo M. Emerson
L. E. Emerson.

THIS IS A FURTHER CODICIL TO THE LAST WILL AND TESTAMENT AND FIRST CODICIL. to the said last will and testament of me Sir Patrick McGrath of St. John's in the island of Newfoundland Journalist, (the said will bearing date the third day of March A.D. 1928 and the first codicil bearing date the 10^th day of August A.D. 1928).

First I give devise and bequeath to my nephew John McGrath the land and house on Gower Street recently purchased by me from Capt George Whiteley, and I order and direct that my executors shall convey same to him upon my death.

Second I amend paragraph marked "second" in my first codicil in relation only to sub-paragraph (5) thereof, which shall read as follows: - (5) To pay to my respective nephews and nieces hereinafter named during their respective lives the balance of the income arising from the residue of my estate (including such amounts as shall from time to time be added thereto by the failure or termination of any of the payments under this paragraph) until the death of the survivor of my sisters and brother, aforesaid as follows, that is to say (A) to my nephew John McGrath six thirty-eighths (b) to my nephews Evan Fraser, Sidney Fraser, Bruce Fraser and Claude Fraser and Charlie Blackie five thirty-eighths each, (c) to my nieces Edith Ryan, Dorothy, Margery, Mary, Cathleen, Bessie and Gemma McGrath one thirty-eighths each. Upon the death of any of my said nephews or nieces I will and direct that the share or shares or said balance of said income of any of my said nephews or nieces so dying shall be dealt with as directed in paragraph Thirteen below.

IN WITNESS WHEREOF I, the said Patrick T. McGrath have hereunto my hand subscribed at St. John's aforesaid this twelfth day of June Anno Domini one thousand nine hundred and twenty-nine.

P. T. McGRATH
SIGNED by the said testator as and for a second codicil to his last will and testament in the presence of us both being present at the same time who at his request, in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
H. A. Saunders.
L. E. Emerson.

CORRECT
William F. Lloyd
Registrar of the Supreme Court of Newfoundland

(Listed in the margin next to this will the following)
Fiat
W. J. Higgins
Judge
July 3/29.
Probate granted
The Royal Trust
Co on the 3^rd
day of July
A.D. 1929.
Value of Estate
$304,944.14.