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A Collection of Newfoundland Wills (A)
Nicholas Ash


Will of Nicholas Ash
from Newfoundland will books volume 1 pages 404 & 405 probate year 1842

In re
     Nicholas Ash       deceased.

In the name of God Amen. I Nicholas Ash of Carbonear in Conception Bay in the Island of Newfoundland being of sound mind and memory do make and ordain this my last will and testament and require it to be received by all as such
First my landed property with all erections that are or may be thereon at the time of my decease I give and bequeath to my three sons Robert William and Richard and their heirs after them not to sell bargain or transfer any part of said property but to descend hereditary from heir to heir keeping it always in the surname of Ash the said property to be equally divided between them excepting forty feet east and west north of the public street adjoining the premises of William Powell and as far north as my premises extend the same width in back as front I give and bequeath to my daughter Teresa but in case she should die before her coming of age or after to have no heir or heirs then the said spot of land is to be divided between my sons before mentioned equally the whole to be delivered them on their coming to age.
Secondly I ordain that after the children shall arrive at age and receive their several shares of the property as before mentioned they shall jointly and equally allow and give to their mother as long as she shall remain in a state of widowhood and acting discreetly the sum of twenty pounds per annum but if she acts otherwise the sum of one shilling.
Thirdly, I give and bequeath to my brother William the one third of my schooner and materials.
Fourthly What monies shall remain after my lawful debts are paid I give and bequeath to my three sons mentioned before equally to be divided between them and in case of either's death then to be divided between the surviving brothers or to descend wholly to the surviving brother if but one should be left as also the property before bequeathed to be dealt with in the same manner on their coming to age.
Fifthly the remaining two thirds of my schooner I give and bequeath to my sons Robert William and Richard to be under the care and direction of my brother William Ash and the gain to be kept exclusively for her benefit till they shall arrive to age they paying their proportionate part of expenses in repairing &c. &c till that time.
Sixthly All rents gains of lands and interest of monies I ordain to be allow'd for the support of my wife and family jointly till the children arrive to age excepting she should marry before that time then to the support of the children. And I do nominate constitute and appoint Francis Ash and William Ash my brothers both of Carbonear aforesaid to be executors of this my last will and testament.
In witness whereof I have hereunto set my hand and seal this tenth day of March in the year of our Lord one thousand eight hundred and thirty four. Nicholas Ash (LS)
Signed sealed and delivered where no stamps are used as the testator's last will and testament in presence of Samuel C. Rumson,   Jonathan Taylor,    George Rumson.

Certified Correct,
D. M. Browning



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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