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Will of John Banks
In the name of God Amen. I John Banks, Planter of Back Cove, Fogo, Newfoundland, being through the goodness of Almighty God of sound mind and memory thus publish and declare my last will and testament. Revoking and annulling all former dispositions of my property, I give and bequeath as follows. Of the money which I have at interest in Bank in St. John’s and in England I give and bequeath to my dear wife Susan Banks, the sum of two hundred pounds, cy, to her sole and separate use. The remainder, I give and bequeath in equal moieties to my five children. Whatever money may be in the hands of Messrs. W. Waterman & Co. at the time of my decease, I wish to dispose of as follows. To my grandchildren I give and bequeath the sum of five pounds cy each, that is to say, to Nathaniel’s five children the sum of five pounds each- to Marcellas three children, five pounds each, and to Anne’s child (Edith Frances) five pounds- These sums to be placed in the Savings Bank St. John’s until each child arrives at the age of twenty one years- The remainder of this money to be left in the hands of Messrs. W. Waterman & Co. in the name of Archibald Banks for the carrying on of the business, except the sum of five pounds cy, which I give & bequeath to my sister Mary Torraville. I give and bequeath my fishing room and gardens to my two sons Nathaniel and Archibald share and share alike. In the event of Archibald’s death, without issue, I desire that his portion of the Room shall revert to Nathaniel’s sons. I give and bequeath to my grandson George (son of Nathaniel) on his coming of age the property which I bought from John Etheridge to be held till that time by my son Archibald. I further give and bequeath to my dear wife the use of my dwelling house & furniture for the remainder of her life. It is also my wish that my daughter Emily shall have an equal right as long as she remains unmarried. I give and bequeath to my daughter Anne my large Bible & my watch- All the remainder of my property consisting of boats, nets, cod-trap &c. I give & bequeath to my two sons, Nathaniel and Archibald to be equally divided between them. I appoint Mr. Stone of Fogo, together with my wife Susan Banks as executors to this my last will and testament- Dated this fourteenth day of November in the year of our Lord, one thousand eight hundred and eighty-two. John Banks his X mark (LS) Signed, sealed, acknowledged and declared by the said John Banks as and for his last will and testament in the presence of us, who being present at the same time in his presence and in the presence of each other have hereunto subscribed our names as witnesses, Christopher Meek, John T. Croucher.
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 and also no paragraphs. 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. However, in some of the very long wills, we have tried to insert paragraphs to make it easier for the researcher to read the document.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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