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A Collection of Newfoundland Wills
(A)
Jane Angell

 

Will of Jane Angell
from Newfoundland will books volume 2 pages 294 to 299 probate year 1858

In re
     Jane Angell      deceased.

I Jane Angell of Saint John's in the Island of Newfoundland Widow declare this to be my last will and testament. I direct that out of such real and personal estate of which I may die possessed or entitled to my just debts funeral and testamentary expenses shall be paid and subject thereto I give devise and bequeath all my real and personal estate to my executors hereinafter named and to the survivor of them his executors and administrators in trust that my said executors or the survivor of them his executors and administrators do and shall stand and be possessed thereof to for and upon the several trusts hereinafter mentioned and declared of and concerning the same that is to say upon Trust to raise by sale mortgage or otherwise of my said estate or any part thereof as may appear to them or him most expedient such sum or sums of money as may be necessary for the payment of my said debts funeral and testamentary expenses and so soon as convenient may be, consistently with this my will after such payment being made upon Trust to convey the several portions of my said estate hereinafter mentioned to my several children sons and daughters as follows, that is to say upon Trust to convey to my son Samuel Angell one undivided moiety or half part of my undivided moiety or half part of those messuages and premises at Lower Pie Corner in this Town being property as tenants in common between myself and my late sister Elizabeth English under lease to the late Patrick Morris and at present in the occupation of Messieurs Hounsell and Company. Also one dwelling house on my premises at Upper Pie Corner with garden or yard in the rear and all appurtenances now in the occupation of Catherine Breen. Also one dwelling house of tenement at present in the occupation of my said son Samuel with one fourth part of the garden ground thereunto belonging extending from the said house down to the north side of Water Street near Upper Pie Corner Also the eastern half part the whole into two equal parts to be divided of my garden situate at Pokeham Path bounded on the north and west by Dambrill's land and on the east by Guswell's To hold the said respective premises to my said son Samuel during the term of his natural life and immediately after his decease to his children lawfully begotten share and share alike the share of any daughter or daughters to be for her or their sole use and benefit and not subject to the control debts or engagements of any present or future husband and in the event of the death of either without leaving lawful issue the share of him or her so dying to vest in the survivors or survivor and the lawful issue of any before deceased such issue taking the share to which his her or their parent would be entitled to if living.
And I further bequeath to my said son Samuel the one fifth part or share of a Government Debenture for three hundred and seventy five pounds sterling with proportionate amount of interest upon trust as aforesaid for his separate use and benefit And upon Trust to convey one undivided fourth part or share of my undivided moiety of the aforesaid premises at Lower Pie Corner under lease to the late Patrick Morris Also the Western third part the whole into three equal parts to be divided of my garden situate on the south side of Lazy Bank Road bounded on the west by Hutchings land and on the east by Brazils also that dwelling house on my premises at Upper Pie Corner which stands on the north west corner thereof fronting on the Public Cove and water Street and now in the occupation of ______________ Maccassey unto two or more Trustees to be named by my daughter Elizabeth Finn wife of Laurence Finn and approved by my said executors or the survivor of them his executors or administrators Upon trust for my said daughter Elizabeth Finn during her natural life for her own sole use and benefit and not subject to the controul debts or engagements of her present or any future husband and after her death in trust for her children share and share alike the share of any daughter or daughters to be for her or their sole use and benefit and not subject to the controul debts or engagements of any present or future husband And in the event of either of said children dying without leaving lawful issue the share of him or her so dying to vest in the survivor or survivors and the lawful issue of any before deceased; such issue taking the share of his her or their deceased parent but should there be no child or children of the said Elizabeth Finn then for my next of kin according to the Statute of Distributions.
And I further bequeath to my said daughter Elizabeth Finn the one fifth part or share of the Government debenture aforesaid for three hundred and seventy five pounds sterling with proportionate amount of interest upon trust with my said executors for her sole use and benefit and not subject to the controul debts or engagement of her present or future husband.
And upon trust to convey one undivided moiety fourth part or share of my undivided half part or moiety in those premises aforesaid at Lower Pie Corner under lease to the late Patrick Morris- being the residue of my interest not before devised in the said premises- Also that dwelling house or tenement at present in the occupation of my daughter Jane Bolt with one fourth part of the garden ground thereto belonging extending from the said house down to the north side of water Street near Upper Pie Corner Unto two or more Trustees to be named by my said daughter Jane Bolt and approved by my said executors or the survivor of them his executors or administrators in trust for my said daughter Jane Bolt during her natural life for her sole use and benefit and not subject to the controul debts or engagement of any husband with whom she may intermarry and after her decease for her child or children lawfully begotten share and share alike or should there be no such child or children then for my next of kin according to the Statute of Distributions.
And I further bequeath on Trust aforesaid to my said daughter Jane Bolt the fifth part or share of the debenture aforesaid for three hundred and seventy five pounds sterling with proportionate amount of interest for her sole use and benefit and not subject to the controul or engagements of any husband
And upon trust to my said executors and the survivor of them his executors and administrators the following respective premises for the purposes hereinafter declared concerning the same that is to say the middle third part of my garden with erections thereon and now under lease to Clement Carew situate on the south side of Lazy Bank Road, also those two dwelling houses on my premises at Upper Pie Corner fronting upon Water Street with gardens or yards in the rear of the same and now severally occupied by Patrick Prendergast and Peter Pack Also the dwelling house or tenement now unoccupied and over the dwelling house or tenement of my said son Samuel with one fourth part of the garden ground belonging thereto extending from the said house down to the north side of Water Street near Upper Pie Corner also all the waterside and water privileges in the rear of my said premises at Upper Pie Corner fronting upon Water Street under lease to Charles Fox Bennett Also the western half part of my said garden on Pokeham Path and also the one fifth part or share of the debenture aforesaid for three hundred and seventy five pounds sterling to hold the said respective premises and share of the debenture aforesaid to my said executor and the survivor his executors and administrators aforesaid Upon trust to receive pay and apply the rents issues and profits of the said respective premises and interest from the share of the debenture aforesaid (which shall be invested by them or him on good security) unto and towards the support of and maintenance of my son John Angell during the term of his natural life without power on his part to encumber sell or otherwise dispose of the same or any part thereof And after the decease of my said son John should he die without lawful issue then upon trust to convey the said respective premises and share of the debenture aforesaid to my said son Samuel Angell and his lawful issue upon the trusts terms and conditions in all respects as are attached to the devise or bequest heretofore made in this my will to my said son Samuel and children Provided that should my said son John marry and have lawful issue then upon trust after his decease to convey the said respective premises and pay or apportion the share     of the debenture aforesaid to and for the use of his child or children as provided with respect to the children of the said Samuel Angell as aforesaid with exemption from the claims of the husband or any daughter and should the said child or children be under the age of twenty one years in such manner as my said executors or the survivor his executors or administrators may deem most advisable for the benefit and protection of such child or children.
And Upon trust to convey the eastern third part of my said garden and erections thereon now under lease to Daniel Hearn situate on the south side of Lazy Bank Road Also those two dwelling houses on my premises at Upper Pie Corner one fronting water Street and the other the public Cove now in the occupation of Thomas White and _________ Kenna respectively with garden or yard in the rear of the latter house- there being no yard or garden attached to the other Unto my daughter-in-law Sarah Angel widow of my deceased son Thomas Angell during the term of her natural life and while she shall remain a widow and in the vent of her death or again marrying whichever may first happen Then upon Trust to convey the said respective premises to Trustees for the use and benefit of my said daughter Elizabeth Finn and her children in like manner as hereinbefore provided with respect to the devise or bequest to her and them and subject to the terms and conditions thereto attached and exemption from the claim of the husband of the said Elizabeth Finn and the husbands of daughters.
And I further bequeath upon trust aforesaid to the said Sarah Angell the remaining fifth part or share not hereinbefore bequeathed of the debenture aforesaid for three hundred and seventy five pounds sterling with proportionate amount of interest for her sole use and benefit and not subject to the controul or engagement of any husband with whom she may intermarry.
And as to the residue of my estate not herein devised and bequeathed I give the same upon trust aforesaid for all my children share and share alike. And that the interests of any of the said legatees may not be injured where a life estate only is bequeathed I hereby authorise and empower my said Trustees in such a case to demise any part of the premises so given for a term not exceeding twenty one years at the best rent that can be had for the same and which demise shall bind those coming after but my Trustees are not to exercise this power without due caution and from a conviction that it will be most beneficial for the interests of all concerned: And as regards the property the rent of which is to be paid to my said son John during his life I leave it optional with my said Trustees or the survivor aforesaid to cause insurance to be effected on the same or any part thereof for the security of my said son Should such insurance be effected and premises destroyed the interest of any monies derived thereby shall be paid to my said son and the principal disposed of as hereinbefore provided with regard to the estate after his death but my said Trustees shall not be personally liable in not effecting such insurance as I leave it to their or his discretion so to do.     And I hereby declare that my said Trustees shall have full power and authority to employ such agents and others and to make them such just and reasonable allowances as they shall think fit and to retain all charges and expenses that may be incurred in the execution of the trusts and also that upon the death of either of my said Trustees the survivor of them shall have full power to appoint another or others in his stead who shall have like power with him originally appointed and as if herein named and I appoint Thomas Coyell of St. John's Trader and Henry Renouf of the same place Teacher executors and Trustees of this my will and I do hereby revoke and make void all former wills and declare these presents to be and contain my last will and testament
In witness whereof I the testatrix Jane Angell have to this my last will written upon nine pages of paper to the last page of the two first sheets set my hand and to this the ninth page and last sheet set my hand and seal this twelfth day of February Anno Domini one thousand eight hundred and fifty six
Jane Angell (LS)
Signed sealed published and declared by the said Jane Angell as her last will and testament in presence of us who in her presence and request and in the presence of each other have hereunto subscribed our names as witnesses the words "dying" in the fourth last line of the third page and "February" in the last page having first been interlined.
F.B.T. Carter,     G.T. Thompson.
This is a codicil to the last will and testament of me Jane Angell of St. John's widow made and published on the twelfth day of February in the year of our Lord one thousand eight hundred and fifty six. Whereas since the making of my said last will and testament my son John Angell to whom I bequeathed a life interest in certain of my premises has departed this life and consequent thereon I am desirous of making some alterations in the bequests contained therein in my said last will- I do therefore give and bequeath to my daughter Elizabeth Finn and children upon the like trusts and conditions contained in my said last will as regards the premises therein bequeathed to her and them the rent of the house and premises occupied by Peter Pack at Upper Pie Corner during the lifetime and widowhood of my daughterinlaw Sarah Angell and in the event of her death or again marrying the said premises and rent shall revert to my son Samuel and children as heretofore provided for.     I further devise and bequeath as was my intention by my said last will to my said daughter-in-law Sarah Angell the tenement she now occupies with one fourth of the garden attached extending to the north side of Water Street to hold the same during her lifetime or widowhood upon the trusts as regards other property bequeathed to her for life and after her death or again marrying to the said Elizabeth Finn and children upon like trusts as regards her or them mentioned in my said last will and as to the sum of seventy five pounds sterling fifth part of the Government debenture bequeathed to my said deceased son John it is my will and desire and I do hereby bequeath the same as follows that is to say to my said son Samuel and to my daughters Elizabeth Finn and Jane Bolt in equal shares and proportions upon the conditions and trusts as regards the share of said debenture bequeathed to them by my said last will.
I further devise and bequeath to my said daughter Jane Bolt and child or children upon the like trusts and considerations contained in my said last will as regards the premises bequeathed to her and them the rent of the house and premises occupied by Clement Carew on the Lazy Bank Road till the year one thousand eight hundred and sixty two after which term or in the event of her death before then the said premises and rent shall revert to my said son Samuel Angell and children upon the trusts hereinbefore provided by my said last will and except as respects the alterations of my said last will and substitutions herein contained I do hereby confirm and ratify my said last will and testament and the appointment of my Trustees and executors Thomas Coyell and Henry Renouf
In witness whereof I the said Jane Angell have to this codicil of my said last will and testament hereunto subscribed my hand and set my seal this seventh day of February in the year of our Lord one thousand eight hundred and fifty seven.
Jane Angell (LS)
Signed sealed published and declared by the said Jane Angell as codicil to her last will and testament in her presence and the presence of each other the word said beginning the seventh line being written on the margin.
James H. Cousens     G.T. Thompson.

Certified correct,
D. M. Browning
Registrar

 

 

Note: The wills in those will books are NOT actual wills. They are either hand-written copies or in later years typed copies of a, "last will and testament," written or typed by the court clerk, after the death of the testator, when the executor presented them to the court for probate. The court clerk didn't list the signatures at the bottom, he (or she) just put them in the book in whatever order they were in, on the original document, no spacing most of the time, no punctuation. The originals were kept by the executor.

We who have typed these wills, have made every effort to include all the errors that were on the microfilm, in order to avoid destroying the integrity of the originals, where ever they may be.

Page Contributed by Judy Benson & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013 AST)

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