Description Will of Dame Mary Edgar Little of Montreal, Quebec

(Handwritten)

Will Codicil of Mary E. Little,

Certified Copy for Reg of Deeds

In this twenty third day of June in the year of our Lord one thousand eight hundred and ninety eight between the hours of six and seven o'clock in the afternoon before us Misters Robert A Dewton and John Fair the undersigned Notaries Public for the Province of Quebec practicing at the City of Montreal.

Appeared Dame Mary Edgar Little residing at No. 33 Lorne Quebec in the said City of Montreal, widow of the late Jacob Jodrey in his life time of Pictou in the Province of Nova Scotia Ship Builder

Who being in good health of body and of sound mind as appeared to said Notaries has requested us to receive her last will and Testament which she has made as follows,

First - . I give and bequeath all my property moveable and immoveable of which my Successor may be Composed at the time of my death without exception to Reverend James Barclay D.D. Minister of St. Pauls Church Montreal, Colin McArthur Manufacturer and William E Deeks Physician all of Montreal aforesaid upon trust for the uses interest and purposes following viz.

1st. To employ the resources thereof and also the Capital in so far as may be necessary for the maintenance of my son Frederick E Jodrey during his life time.

2nd. If on the death of the said Frederick E Jodrey ** of my estate remains unexpended in the hands of my said trustees, they shall pay the same to my nephew William O Hara otherwise called William O Hara Jodrey of Canoe Lake Clerk.

3. In the event of the said William O Hara Jodrey dying before my said son the residue of my estate if any shall be divided equally between my two nieces Dame Isabella Little wife of Simon H Holmes and Miss Millie Little both of Halifax in the Province of Nova Scotia.

4. The bequests herein contained are thus made on condition that the same shall be executed from seizure for the debt of the said Legatees being included for their al***tary support.

Second I name and appoint my said Trustees the Reverend James Barclay Colin McArthur and William E Deeks to be the executors of this my Will and I extend their powers as such beyond the year and day divided by law and until the full accomplishment of the Provisions Court. I constitute them the administrators of my property with power to alleviate this which or any part thereof moveable or immoveable for such ** and on such conditions as they may think proper and to vary and transfer instruments from time to time as they may see fit.

I further order that their number shall never be less than three and that whenever any vacancy shall occur in their number the surviving or continuing executor and administrator shall successively and for as long a time as the execution of my will shall last appoint by natural deed a substitute or substitutes to fill such vacancy.
In the event of a disagreement between the Trustees and executors the majority shall have the power to act and their action shall be binding on the whole.
The Trustees shall have the right to value an agent or agents to manage the affairs of the Trust they shall not be obliged to make investments in the securities to which Trustees are by law restricted but they may invest in any security they deem right and shall only be responsible for wilful default or intentional wrong
Each Trustees shall only be responsible for such funds as may come into his hands even though he should join  * devel*** with the other Trustees.
If at any time my said Trustees consider that my said son Frederick E Jodrey is capable of managing his business affairs judiciously they may hand over to him all the property hereby bequeathed to him at such junction thereof as may remain in their hands and upon such delivery the said trustees shall be discharges from all further liability under the present will. This provision shall be exercised entirely at the discretion of the said Trustees and shall not give my said son any right to claim the said property from them under an circumstances whatever.

And lastly all wills and codicils heretofore made by me the Present will has been thus made by the said Testatrix and has been by said John Fair in the presence and hearing of the other Notary been read to the Testatrix who declared that this same contains her will and that the same has been prepared in accordance with her instructions and that she understands the same well and ** in the descriptions herein contained.

Done and passed at the said City of Montreal at the residence of said Testatrix and of  record under the Number Seven thousand four hundred and seventy five of the Montreal deeds of record in said Office and the said Testatrix has signed in the presence of said Notaries who in her presence and in the presence of each other have also signed.

Signed      Mary E Jodrey

 "           R.A Dewton N.P.
 "           John Fair  N.P.

A true copy of the original hereof remaining of reason in my office.
John Fair  N.P.

This is a codicil to the last will and Testament of one Mary Edgar Little of the City of Montreal widow of the Jacob Jodrey which was executed before John Fair and Colleague Notaries at Montreal on the twenty third day of June eighteen hundred and ninety eight.

First I revoke cancel and annul the appointment of William E. Deeks of Montreal Physician as a Trustee and executor of my said will.

Second I name and appoint my nephew William O Hara commonly called William O Hara Jodrey of Montreal as a Trustee and executor of my said will in the place and stead of said William E Deeks and John Fair of Montreal Notary as a Trustee and executor of my said will in the place and stead of Colin McArthur Deceased and he said new Trustees shall have all the powers conferred upon those named in my said will.

Third I all other respects I confirm the provisions of my said will.

Signed at Montreal this twentieth day of September nineteen hundred and two.

Signed by the said Mrs Jodrey as a codicil to her will in the presence of the undersigned witnesses who have signed in her presence and in the presence of each other

Signed      Mary E Jodrey

(Signed)       J A Callehoun
               Montreal Notary
      "        John Fair   Montreal Notary   

Province of Nova Scotia
County of Pictou S.S.
In the Court of Probate of Wills

I John D. McLeod Registrar of said Court do hereby certify that the foregoing written document is a true copy of the last Will and Testament and Codicil of Mary Edgar Little late of the City of Montreal Widow deceased  and Certified Copies of which will  and codicil have this day been duly filed and registered in the Registry of said Court at Pictou in said County

Witness my hand at Pictou aforesaid this 9th. day of April AD 1908.
John D. MacLeod  Registrar

Stamp

PROVINCE OF NOVA SCOTIA, REGISTRAR OF DEEDS
Office, County of Pictou,  MAY 28  1908  I certify that the within instrument was duly registered at 12:30 PM of the above day in Book 4, page 269  on the certificate of John D. MacLeod Reg

John Yorston  Registrar.