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Will of Mary Barnard
This is the last will and testament of me Mary Barnard of Saint John's Newfoundland, Spinster, I give devise and bequeath to my friend James B. Wood of Saint John's Merchant whom I appoint sole executor of this my will all my lands estate and effects whatsoever and wheresoever upon the following trusts that is to say, First to pay all my just debts including funeral and testamentary. Secondly to pay to Ann Neary the sum of thirty pounds currency when realized from my estate. Thirdly, to erect headstones to my late father and mother my sister Mrs. Francis Daw, my brother William Barnard and myself. Fourthly, to hold the rest and residue of my estate and effects upon trust and to apply the same (whether rents or interest on investment should my said executor think proper to sell and realize my property or any part thereof and who in this and other respects may exercise his own discretion as he may think proper) for the benefit of my sister Patience Killygrew during her lifetime free from the controul debts and engagements of her present or any other husband whom she may marry. And I authorize my said executor should he think proper in the event of my said sister requiring the same to allow her part of the principal of my residuary estate aforesaid, but my said executor as regards any such allowance shall not be in any manner controuled, nor shall my said sister demand the same as of right and should my said executor survive my said sister he and his heirs shall take the said residue absolutely, but should my said sister survive him then she and heirs shall have and possess the said residue.
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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