James E. Burgess NL GENWEB

Transcribed by Judy Benson & Ivy Benoit. While I have endeavored to be as correct as humanly possible, there could be some typographical errors

Newfoundland will books volume 9 pages 74-76 probate year 1910

Will of James E. Burgess


This is the last will and Testament of me James E. Burgess of Burin in the Electoral District of Burin Merchant (but at present of St. Johnís)

First I nominate and appoint my wife Lydia Burgess, Hon John Harvey and James Augustus Clift Solicitor to be the executors of this my said last will and Testament

Second - I give devise and bequeath unto my said executors all and singular whatsoever my lands property and effects of every description and where soever situate to hold the same in trust for the purpose of applying the rents issues and profits thereof to the full use and benefit of my said wife Lydia Burgess, during the term of her natural life and so long as she remains unmarried

Third after the death or remarriage of my said wife I give and devise the same unto and to the use of my four children namely Earle Monroe, Laura, Alice May and Arthur to hold the same equally absolutely and for ever

Fourth I hereby empower my said Executors to carry on the mercantile business now conducted by me; should they in their discretion think it wise to do so and with power in them to discontinue the same or any branch thereof either immediately after my death or at any time subsequent thereto, should they in their discretion think it wise so to do, and with full power to my said executors to appoint a manager or managers of my said business or any branch thereof And I expressly declare that my said Executors shall in no case be held liable or accountable for any losses that may arise by reason of their conduct of the said business but that my estate shall be firmly bound by all the acts of my said executors in their management of the said business and that their discretion in so doing shall be absolute and unquestioned. It is my desire that my said executors in the event of their deciding to continue the said business. Should take steps to convert the same into a company with Limited liability with power to allot shares in the said Company to such persons as they shall think fit on the conversion of the said business into a limited liability Company as aforesaid the shares belonging to my Estate in the said Company, shall be subject to the same distribution, after my wifes death or remarriage as I have hereinbefore made I expressly declare that this provision for converting my business into a limited liability Company is made to my said Executors only by way of suggestion and not at all as a command. The appointment of the said James Augustus Clift as my executor shall in no wise prevent him from acting as Solicitor for my estate or for the Company aforesaid and should he act as such Solicitor he shall be entitled to be paid his Solicitors fees on the same footing as if he were not my executor.

In witness whereof I the said James E. Burgess have hereunto set my hand at St. Johnís aforesaid this Twenty-first day of December Anno Domini one thousand nine hundred and nine James E. Burgess. Signed by the said Testator as and for his last will and Testament in the presence of us who present at the same time in his presence, as well as in the presence of each other, and at his request have hereunto subscribed our names as witnesses. The words "I give and devise" having first been inserted at the beginning of the nineteenth line on the first page. the word "unmarried" being inserted at the end of the seventeenth line and the words "or remarriage" being inserted on the Eighteenth line of the first page and the words "or remarriage" being inserted on the Twentieth line of the Second page S. K. Bell Herbert Knight.

Certified correct,
D. M. Browning
(Listed in the margin next to this will the following) Fiat Feb 1/10 Emerson J. Probate Feb 1/10 granted to Lydia Burgess & J. A. Clift the rights of John Harvey being reserved Estate sworn at $31819.00

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