Index

Will of George Jarvis Dibble

made in Fredericton in 1862

IN THE NAME OF GOD, AMEN. This is the last Will and Testament of me George Jarvis Dibblee, of Fredericton in the County of York and Province of New Brunswick, Esquire, Barrister-at-Law. In the first place I will and direct that all my just debts, funeral and testamentary expenses be paid by my Executrix and Executors appointed as soon as can be after my decease. And I hereby nominate and appoint my wife Jane Dibblee, my brother David Lewis Dibblee of Woodstock in the County of Carleton, Barrister-at-Law, my sons Frederick L. Dibblee of Fredericton aforesaid, Civil Engineer and Thomas W. Dibblee Richibucto, in the County of Kent, Barrister-at-Law, to be the Executrix and Executors of this my last Will and Testament.

I do hereby give, devise and bequeath unto the said Jane Dibblee, David Lewis Dibblee, Frederick L. Dibblee and Thomas W. Dibblee, the survivors and survivor of them and the heirs and assigns of such survivor all and singular my real estate whatsoever and wherever, and of what tenure and quality whatsoever, whether in possession, reversion, remainder or expectancy, and whether at Law or in Equity, and also all my personal estate, effects, goods and chattels of what kind or nature soever. To Have, Hold, Receive and Take the said Real and personal estate and premises respectively, unto and to the use of the said Jane Dibblee, David Lewis Dibblee, Frederick L. Dibblee, and Thomas W. Dibblee, and unto and to the use of the survivors and survivor of them and the heirs and assigns of such survivor. But upon and for the trusts interests and purposes following, that is to say, - Upon trust that they my said Executrix and Executors and the survivors and survivor of them shall hold the same to be used, after the payment of my just debts, funeral and testamentary expenses, for the support and maintenance of such of my daughters as shall remain single and unmarried after my decease. And I hereby give my said Executrix and Executors full power, if they deem it necessary, to sell and dispose of all my personal estate, and also to sell, lease or otherwise dispose of all my real estate, at such times and in such manner, either by public or private sale, as they, or a majority of them, shall see fit. And the proceeds arising from such sales or leases, I will and direct shall be, after the payment of my just debts, funeral and testamentary expenses, invested in such a manner as my said Executrix and Executors or a majority of them shall see fit; and the interests or proceeds of such investments shall be applied by said Executrix and Executors towards the support and maintenance of my wife and such of my daughters as shall remain single and unmarried after my decease. And I do hereby give my said Executrix and Executors full power and authority if they or a majority of them shall deem it necessary to use and apply the principal monies arising from such sales or leases of such personal or real property for the support and maintenance of my wife and aforesaid unmarried daughters; and I hereby will and direct that all my said real and personal estate, effects, goods and chattels, or the proceeds arising from the sales or leases thereof shall be held by my said Executrix and Executors or the survivors or survivor of them or the heirs or assigns of such survivor in trust, and for the uses and purposes aforesaid as long as any of my daughters shall remain single and unmarried. And in the event of all of them marrying or dying, I will and direct that all the said real and personal estate of the monies arising from the sales or leases thereof which at that time shall be remaining under the control, or in the hands of my said Executrix and Executors, or the survivors or survivor of them shall, after the death of my wife Jane Dibblee, be divided equal share and share alike, among all my children or their heirs or representatives, deducting however, from any share which may be allotted to my daughter Sophia I. B. Robinson the sum of Fifty pounds advanced to her by me on her marriage with her present husband.

IN WITNESS WHEREOF I have hereunto set my hand and seal this ninth day of August, in the year of our Lord One thousand and eight hundred and sixty two.

Geo, J. Dibblee

Signed, Sealed, published and declared by the said George J. Dibblee as and to be his last Will and Testament in the presence of us, who in his presence and in the presence of each other have signed our names hereto as witnesses, the word "to" having been struck out of the 27th line of the 1st page, and word "applied" from the 7th line, and the words "at the time" from the 14th line of the second page, all previously. [This has been retyped, so these positionings will be different.]

Henry I. Thorne.

Charles H. Smith.

A. Rankin Bedell.




THis is a Codicil to be added to the last Will and Testament of George J. Dibblee in the County of York and province of New Brunswick, Esquire, Barrister-at-Law (which Will bears date the nineth day of August in the year of our Lord One thousand eight hundred and sixty two)

First, - I do ratify and confirm my Will in all respects, save so far as any part thereof shall be revoked or altered by this present Codicil which I direct may and does form a part of my said Will and Testament, and in particular as the same relates to the appointment of Executors. As my son Frederick L Dibblee has now gone a second time to the east Indies, in the discharge of his professional duty as a Civil Engineer, and may never live again in this province, I do therefore in his palce and stead hereby nominate and appoint my daughter Elizabeth Maria to be with my wife Jane Dibblee an Executrix of my last Will and Testament. And whereas in the month of January, in the year of our Lord One thousand and eight hundred and sixty six, or some time previously I borrowed from my wife Jane Dibblee the sum of Five hundred pounds for the purpose of settling all matters in dispute with the Central Bank of New Brunswick, and as she at the time of making this loan declined taking an assignment of a Bond and Mortgage I held against my brother Frederick B. Dibblee of Woodstock for the sum of Five hundred pounds by way of security for the repayment of that sum and interest; and the same remaind unpaid at this day: Now therefore I charge all my Estate and effects with the repayment of the said sum of Five hundred pounds, and the interest thereon from the said first day of January, in the year of our Lord One thousand eight hundred and sixty six, until paid, should my said wife Jane Dibblee require and exact the said principal sum or the interest thereon as above stated.

And furthermore in the case of the marriage of all my daughters, and after the decease of my wife Jane Dibblee I desire the residue of my Estate to be divided among my daughters and their heirs, share and share alike, in which I direct my late son Thomas W.'s two children to be included.

IN WITNESS WHEREOF I have hereto set my hand and seal this fourth day of March, in the year of our Lord One thousand and eight hundred and seventy two.

Geo. J. Dibblee

Signed, sealed, published and declared by the said George J. Dibblee as and to be a Codicil to his last Will and Testament in the presence of us, who in the presence and at his request and in the presence of each other, have signed our names as Witnesses.

A.B.Yerxa. and A. Rankin Bedell.




This is the will of George Jarvis Dibblee. The codicil has disinherited his son, Frederick Lewis Dibblee senior, just because he's moved abroad! In fact, not all the daughters did get married, so no money was available until the last of them had died. So perhaps this was a practical consideration since trying to track heirs abroad possibly a long time in the future might cause problems. The codicil is also rather loosely worded. Do Thomas' children get equal shares with George's daughters, or do they divide an equal share?