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Will of Louisa Ann Whiteley
from Newfoundland will books volume 9 pages
242-244 probate year 1911
In re
Louisa A. Whiteley deceased.
This is the last will and Testament
of me Louisa Ann Whiteley of St. John’s Newfoundland, widow, and
I revoke all former wills by me made. I appoint my son William
Henry Whiteley and my daughter Margaret Edith Whiteley to
be the executors of this my will
1. I give devise and bequeath absolutely
to my said daughter Margaret Edith the land and dwelling house at present
occupied by me and known as No. 5 Military Road together with the household
furniture and domestic effects of every description contained therein
2.
I give devise and bequeath to my said executors in trust all the land
together with the two dwelling houses thereon situate on the north side
of Gower Street Nos. 18 and 20 at present occupied respectively by Revd.
L. Curtis and Mrs R. B. Job upon trust
(a) until the death of my said daughter Margaret
Edith to pay out of
the net income of profits from said land and dwellings an annuity of
one hundred dollars to my sister Helina Donaldson during her life and
during the payment of the said annuity to pay the balance of the said
net income or profits to my said daughter Margaret Edith: and if my said
sister die before the death of my said daughter to pay the whole of the
said net income or profits to my said daughter Margaret Edith
(b) on the death of my said daughter Margaret
Edith to pay the said annuity
as aforesaid, if my said sister be then still living, and the balance
as aforesaid pay to my said son William Henry and my son John
Joseph in equal shares
( c) On the
death of my said daughter Margaret Edith and on the death of my said
sister to convey the land and dwelling house No. 18 now occupied by Revd.
L. Curtis unto my said son John Joseph for ever and the land and dwelling
house No. 20 now occupied by R B. Job unto my said son William
Henry forever Provided that my executors shall have power to sell one or both
of the said dwelling houses together with the land appurtenant thereto,
and the net proceeds (hereinafter called the principal) arising from
such sale or sales shall be invested so as to produce an income which
income (when both houses are sold) together with the income from the
unsold house, shall be paid as hereinbefore provided for payment of the
income or profits from the said dwelling houses, and on the death of
both my said sister and said daughter if both my said houses and lands
are then sold, the principal shall be divided and paid over to the said
William Henry Whiteley and John Joseph Whiteley in equal shares: but
if only one house with the land appurtenant be then sold then the house
and land remaining unsold shall be conveyed as aforesaid, that is to
say if it be the land and dwelling No. 18 to my son John Joseph, but
if it be the land and dwelling No. 20 to my son William Henry and the
said principal (net proceeds of one house and the land appurtenant) shall
be paid over to the other.
3. I give to the children of my
deceased son Arthur L Whiteley the sum of nine hundred dollars share
and share alike
4 The residue of my Estate I give to my said
daughter Margaret Edith.
In witness whereof I have hereunto
set my hand at St. John’s aforesaid this tenth day of May Anno
Domini nineteen hundred and ten - Louisa A. Whiteley Signed by the above
named Louisa Ann Whiteley as her last will in the presence of us, both
being present at the same time, who in her presence and in the presence
of each other have hereunto subscribed our names as witnesses Jas.
J. McGrath Albert H. Martin
Certified correct,
D. M. Browning
Registrar
(Listed in the margin next to this will the following)
Fiat
April 19/11
C.J.
Probate
April 20/11
granted to
Margaret
E. Whiteley
reserving the
rights of Wm
H. Whiteley
Estate sworn
at $13,282.75
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