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A Collection of Newfoundland Wills (A)
Joanna Armstrong

 

Will of Joanna Armstrong
from Newfoundland will books volume 1 pages 375 to 377 probate year 1841

In re
     Joanna Armstrong       deceased.

St. John's, December 15th, 1839. In the name of God Amen, I Joanna Armstrong of St. John's Widow, being weak in body but of sound mind and memory do make and publish this my last will and testament,
First in consideration of the kindness and attention which I have received during my illness from my daughter Theodora Sophia the wife of John Canning, I forgive to her and to her husband the debt of forty seven pounds or thereabouts which they owe to me and if it shall hereafter appear that the said sum so lent to them was part of the estate of my late husband and the said John Canning be in consequence thereof compelled to pay the same, then I will and direct that my said daughter shall receive an equal sum to be raised and levied in the manner hereinafter directed with respect to the sum hereinafter bequeathed to Dr. Fleming.
Secondly I give and bequeath to the Right Reverend Doctor Fleming the sum of fifteen pounds currency being ten pounds for Masses and five pounds for the poor to be raised and levied out of my estate hereinafter devised. The rest and residue of my property being one third of the estate of my late husband and of which I am now possessed I dispose of as follow
I give devise and bequeath to Thomas Armstrong and his wife Isabella and the survivor of them for the term of their natural lives and the life of such survivor one fifth part or share of and in my said third part of the said estate in trust to dispose of the rents and profits thereof to the maintenance and education of their children until such children shall respectively attain the the age of fifteen years then to and for their own use and benefit and the use and benefit of the survivor for the remainder of the term aforesaid and after the death of such survivor then I give devise and bequeath the said fifth part to their surviving children and their heirs and the children of such child or children as may happen to die before the death of the survivor of the said Thomas Armstrong and Isabella his wife and their heirs to be equally divided among them per stirpes and not per capita.
I give devise and bequeath to my son William Armstrong for the term of his natural life one other fifth part or share of and in my said third part on and for the like trusts for his children and for himself as are hereinbefore limited with respect to the one fifth part devised to the said Thomas Armstrong and his wife and after the death of the said William Armstrong I give devise and bequeath the said fifth part or share to his surviving children and their heirs and and the children of such child or children as may happen to die during his life and their heirs to take per stirpes as aforesaid.
I give devise and bequeath to my daughter Theodora Sophia and her husband John Canning and the survivor of them for the term of their natural lives and the life of the survivor one other fifth part or share of and in my said third part on and for the like trusts for their children and for themselves as are hereinbefore declared with respect to the one fifth part devised to the said Thomas Armstrong and his wife; and after the death of the said John Canning and his wife I give devise and bequeath the said fifth part to their surviving children and their heirs and the children of such child or children as may happen to die before the death of the survivor of them the said John Canning and his wife and their heirs to take per stirpes and as aforesaid.
I give devise and bequeath to my daughter Catherine Matilda and her husband James Christian Ochlschlagen and the survivor of them for the term of their natural lives and the life of the survivor another fifth part or share of and in my said third part on and for the like trusts for their children and for themselves as are hereinbefore declared of and concerning the one fifth part devised to the said Thomas Armstrong and his wife; and after the death of the said James Christian Ochlschlagen and his said wife I give devise and bequeath the said fifth part to their surviving children and their heirs and the children of such child or children as may happen to die before the death of such survivor and their heirs to take per stirpes as aforesaid.
I give devise and bequeath to my son Andrew Armstrong one other fifth part or share of and in my said third part of the said estate for the term of his natural life, and after his death to such of his next of kin as would be entitled to the same under the statute of distributions.
Lastly it is my will and intention that wherever I have used the word children in this my will as referring to my grandchildren, the children of a second marriage are not to be included and I hereby appoint Patrick Kough and Patrick Doyle Esquires executors of this my last will and testament. Joanna her x mark Armstrong (LS)
Signed sealed published and declared by the said testatrix she making her mark as and for her last will and testament in the presence of us who in her presence and in the presence of each other have hereunto subscribed our names as witnesses the words "the said fifth part" being first written between the 8 & 9th lines in the fourth page and the words "being ten pounds for Masses and five pounds for the poor" being inserted over the first line of the second page, H. W. Hoyles, Not. Pub    John Hanley.   Joanna Richardson.

I, Joanna Armstrong of St. John's Widow by this codicil to my last will and testament bearing date the thirteenth day of December last past do revoke and annul all such part of my said will and testament as relates to the appointment of executors thereto; and I do hereby nominate and appoint my son in law John Canning, Mr. Richard Perchard Junior, and Patrick Kough Esquire, executors of my said will. St. John's. January 4th A.D. 1840. Joanna her x mark Armstrong (LS)
Signed and published by the said testatrix in our presence (she making her mark) who in her presence have hereto subscribed our names as witnesses, H. W. Hoyles, Not. Pub.   John Hanley.    Joanna Richardson.

Certified Correct,
D. M. Browning
Registrar

 

 

Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written 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 and Ivy F. Benoit
Page Revised by Ivy F. Benoit (April 13, 2003)

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