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A Collection of Newfoundland Wills
(O)
John C. Oke

 

Will of John C. Oke, from Newfoundland will books volume 15 pages 453 to 455  probate year 1931

IN RE.                         DECEASED

JOHN C. OKE.

THIS IS THE LAST WILL AND TESTAMENT of me John C. Oke of St John's, in the Island of Newfoundland, Carriage Manufacturer.
First, I revoke all former wills and testamentary dispositions by me at any time made and I appoint my dear wife and son Gordon J. Oke the Executrix and Executor of this my will.
SECOND. I give and bequeath to my said son Gordon J. Oke all my right title and interest in and to all my lands and premises situate on the juncture of Prescott and Duckworth Streets in St. John's, aforesaid, together with the goodwill of my business of carriage manufacturer and undertaker (and in which business my said son has an interest as a partner having advanced to the said business a sum of money amounting to approximately Four thousand dollars) and I declare that this gift shall include all my trademarks and all goods manufactured and unmanufactured and all stock in trade, machinery plant and affects belonging to me in connection with or used for the purpose of the said business and the benefit of all contracts subsisting in relation thereto at my death and also all book debts which shall then 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.
Third. My said son shall hold my said lands, premises and business subject to the following trusts and provisions;
(1) My said son shall pay, during the lifetime of my said wife but no longer the sum of Ten dollars per week to my said executors who shall hold the same in trust to apply such amounts as they from time to time and in their sole discretion shall think fit towards the payment of taxes and insurance premiums and repairs to my property situate on Quidi Vidi and Forest Roads in St. John's, aforesaid, and to pay the balance, if any, quarterly or at such other times as they may desire to my said wife.
(2) Subject as aforesaid my said son shall be entitled to the said lands and premises and business and the income thereof for his own absolute use and benefit.
Fourth. I give and bequeath my said lands and premises situate on the said Quidi Vidi and Forest Roads to my said executors to hold the same in trust for my said wife during her lifetime.
Fifth. On the death of my said wife I give and bequeath to my daughter Maude all my land and premises situate on the said Quidi Vidi Road and bounded as follows, that is to say, commencing at a point on the said Quidi Vidi Road and running along the said Road Twenty eight feet two inches to property belonging to Messrs Wood and Kelly, thence along the said property of the said Messrs Wood and Kelly to other property of the said Wood and Kelly in the occupancy of one Rodgers and measuring thereby one hundred and two feet more or less, thence along the said property in the occupancy of one Rodgers in an irregular line twenty five feet five inches more or less, thence in a straight line to the place of commencement in which said piece or parcel of land is known as Lot 1 on a plan or diagram in my possession and is more particularly therein described.
To my daughter Mary I give and bequeath all my land and premises situate on the said Forest Road and bounded as follows, that is to say,
Commencing at a point on the said Road being the North Eastern boundary of property belonging to Messrs Wood and Kelly running along the said road in an easterly direction in an irregular line to a point on a line dividing the house in which I reside from my house in which one Churchill now resides (which house and land is hereinafter bequeathed to my daughter Lillabelle) thence along the said line dividing my said house in which I now reside from the said house occupied by the said Churchill to land belonging to my said son Gordon, thence along the Northern boundary of land belonging to my said son Gordon to the South Eastern boundary of my garage, thence along the South Eastern boundary of my said garage to the boundary of other land of my said son Gordon and measuring thereby nine feet four inches, thence in a Westerly direction along the boundary of the property of my said son Gordon, thence in a southerly direction along the North Western boundary of the said property of my said son in a southerly direction [B.S.P. J.C.O. J.J.] to property hereinbefore bequeathed to my said daughter Maude, thence in a Westerly direction along the boundary of the said property bequeathed to my said daughter Maude to the boundary of land belonging to the said Wood and Kelly, thence along the boundary of the said property belonging to Wood and Kelly in a Northerly direction to the place of commencement, which said piece or parcel of land is marked Lot 2 on the said plan. To my daughter Lillabelle I give and bequeath all my land and premises situate at the juncture of the said Quidi Vidi Road and Forest Road and bounded as follows, that is to say;- Commencing at a point on a line dividing the house in which I now reside from my said house in the possession of one Churchill running along the said Forest Road to the said Quidi Vidi Road, thence along the said Quidi Vidi Road in a Southerly direction to property of my said son Gordon and measuring thereby Seventy-one feet, thence along the property of my said son Gordon in a westerly direction Twenty-four feet, thence in a Northerly direction to the place of commencement, which said piece or parcel of land is marked Lot 3 on the said plan.
Should, however, any of my said children die during my lifetime or during the lifetime of my said wife without leaving any child or children at my or my said wife's death the said bequest in favour of my said child so dying shall lapse and shall go to my said wife for her absolute use and benefit for ever.
SIXTH. It is not my intention to disinherit my son Harris but I feel that I have provided for him during my lifetime as far as my means will permit by making advances to him from time to time and I now bequeath to my said son Harris all moneys owing to me from him.
Seventh. All the rest, residue and remainder of my estate of whatsoever nature and wheresoever situate after paying all my just debts, testamentary and funeral expenses, death duties and legacy duties, I give and bequeath to my said wife for her absolute use and benefit forever.

IN WITNESS WHEREOF I have hereunto subscribed my hand this 30th day of October A.D. 1926

John C. Oke.

SIGNED by the Testator as and for his last Will and Testament in our presence, who in his presence, and in the presence of each other have hereunto subscribed our names as witnesses.
Jessie Jocelyn
R.S. Pinsent
.

Correct.

William F. Lloyd
Registrar of the Supreme Court of Newfoundland

Written in the top right-hand margin:
Fiat
W. H. Horwood
C.J.
July 26/31
Probate granted
Florence(?) Oke
and Gordon J
Oke
on the 26th
day of July 1931
Value of Estate
$21,480.00

 

 

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

Page Revised by Ivy F. Benoit ( Tuesday July 23, 2019 )

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