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A Collection of Newfoundland Wills (B)
David Bailey

Disclaimer: The wills for volumes 1 and 2 are not made from the original will books, but rather from a set of books written up from the originals about 100 years later. The 1846 hand written will book that we are putting up along with the wills from the volume 1 will book, is not the original will book. It was made, probably within a decade of the death of the testators, but it is not an exact replication from the original will book.

 

Will of David Bailey
from Newfoundland will books volume 1 pages 489 & 490 probate year 1846

In re David Bailey      deceased.

In the name of God Amen. I David Bailey of Old Bonaventure in the Island of Newfoundland, Planter, being of sound mind & memory but mindful of my mortality do make and publish this my last will and testament in the form and manner following that is to say

  • First     I desire that my funeral expenses the expenses attending the proving of this my last will and testament and all my just debts be fully paid & satisfied
  • Secondly     I give and bequeath to my son George Waterman Bailey on my decease the room belonging to me in Cat Cove together with the boats nets and fishing gear thereunto belonging to be enjoyed by him and his heirs for ever but not to be sold out of my family
  • Thirdly     I give and bequest unto my beloved wife Elizabeth or Betty Bailey the interest of the sum of one thousand four hundred and twenty pounds sterling now in the hands of the executors of the late Robert Slade Senior Esquire of Poole in the County of Dorset in Great Britain or whatsoever sum may be in their hands, more or less, at my decease during the term of her natural life,
  • Fourthly     I give and bequeath unto my beloved wife aforesaid the interest of one thousand and five pounds stock, in the three and a half p. cents (but whether the "Reduced" or New I at present do not know) now standing in my name on the books of the Governor & Company of the Bank of England during the term of her natural life,
  • Fifthly     After the death of my beloved wife I bequeath to each of my daughters hereinafter named, viz Patience Miller, Honor Grant, Betty stone, Mary Miller, Hannah Vivian, Susannah Miller and Esther King the sum of one hundred pounds sterling each, to be paid to them by the executors of this my last will hereinafter to be named, and to be enjoyed by them in their own right, free from the control of their husbands. And if either of my aforesaid daughters shall be dead at the time of my decease then the legacy of one hundred pounds aforesaid shall be paid to her children lawfully begotten.
  • Sixthly,     After the expenses of my funeral will & debts shall have been paid, and after the payment of the aforementioned legacies on the decease of myself & wife, then I do give & bequeath unto my son George Waterman Bailey the residue of all monies that may be in the hands of the executors of the late Robert Slade Esq. already mentioned
  • And lastly I appoint my son George Waterman Bailey and my wife Elizabeth or Betty Bailey and William Kelson Esq. of Trinity Magistrate my executors & executrix and I hereby revoke any other will & testament by me at any time made.

In witness whereof I have hereunto subscribed my name and affixed my seal this fifteenth day of May in the year of our Lord one thousand eight hundred and forty three. David the mark of X Bailey (LS)
In presence of us the day & date aforesaid James Fitzgerald, M.A. Clk.    James Pitcher.    James his X mark Ivamey.

Certified correct
D.M. Browning
Registrar


Will of David Bailey
from Newfoundland will book labeled, "REGISTRY OF WILLS 1846," pages 5 to 8 probate year 1846.

In the name of God Amen. I David Bailey of Old Bonaventure in the Island of Newfoundland, Planter, being of sound mind and memory but mindful of my mortality, do make and publish this my last Will and Testament in the form and manner following - that is to say,

  • First,    I desire that my funeral expenses, the expenses attending the proving of this my last Will and Testament and all my just debts be fully paid and satisfied ~
  • Secondly,    I give and bequeath to my son George Waterman Bailey on my decease, the room belonging to me, in Cat Cove, together with the boats, nets, and fishing gear thereunto belonging to be enjoyed by him and his heirs for ever, but not to be sold out of my family.
  • Thirdly,    I give and bequest unto my beloved wife Elizabeth or Betty Bailey, the interest of the sum of one thousand four hundred and twenty pounds Sterling, now in the hands of the executors of the late Robert Slade, Senior, Esquire, of Poole in the County of Dorset in Great Britain, or, whatsoever sum, may be in their hands, more or less, at my decease during the term of her natural life,
  • Fourthly,    I give and bequeath unto my beloved wife aforesaid the interest of one thousand and five pounds stock, in the three and a half per cents (but whether the reduced or new I at present know not) now standing in my name on the books of the governor and company of the Bank of England, during the term of her natural life.~
  • Fifthly,    After the death of my said beloved wife I bequeath to each of my Daughters hereinafter named, viz. Patience Miller, - Honor Grant - Betty Stone - Mary Miller - Hannah Vivian - Susannah Miller - and Esther King the sum of one hundred pounds Sterling each, to be paid to them by the executors of this my last will hereinafter to be named, and to be enjoyed by them in their own right, free from the control of their husbands. And if either of my aforesaid daughters shall be dead at the time of my decease, then the legacy of one hundred pounds aforesaid shall be paid to her children lawfully begotten.
  • Sixthly,    After the expenses of my funeral will and debts shall have been paid, and after the payment of the aforementioned legacies on the decease of myself and wife, then I do give and bequeath unto my son George Waterman Bailey the residue of all monies that may be in the hands of the executors of the late Robert Slade Esquire already mentioned as well as the residue of the stock in the three and a half per cents already mentioned.
  • And lastly    I appoint my son George Waterman Bailey and my wife Elizabeth or Betty Bailey and William Kelson Esq. of Trinity Magistrate my Executors and Executrix and I hereby revoke every other will and testament by me at any time made.

In witness whereof, I have hereunto subscribed my name and affixed my seal this fifteenth day of May in the year of our Lord one thousand eight hundred and forty three. David the mark of X Bailey L.S.
In presence of us the day and date aforesaid Henry James Fitzgerald, M.A. Clk.   James Pitcher.   James his X mark Ivamy.

Northern District Newfoundland Trinity to wit.
Personally appeared before me Benjamen Sweetland J.P. Stipendiary magistrate and commissioner approved by the Supreme Court of Newfoundland for taking affidavits James Pitcher and James Ivamy both of Bonavista, Planters, and make oath that they were present with the other subscribing witness to the annexed Will and did see David Bailey sign seal and deliver the same as his last Will and Testament and these deponents furthur saith that the said David Bailey was at the time of signing and sealing and delivering the said annexed will as his last Will and Testament of sound mind and memory.
James Pitcher   James his X mark Ivamy.
Sworn before me this seventh day of August 1846
B. Sweetland J.P. Commissioner

 

 

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 Benoit (August 8, 2002)

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