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Will of James Bayly
This is the last will and testament of me James Bayly of Saint John’s Newfoundland Gentleman being of a sound mind memory and recollection whereby I direct as follows after my decease
Firstly That my just debts and plain funeral expenses shall be paid and discharged- then
Secondly I bequeath unto my beloved daughter Jessie Emerson to assist in her own support and that of her three daughters living with me, vizt May, Minna and Jessie until the marriage of one or either of them or death as it may be when each of their individual right and interest shall cease and terminate- All my estate chattels and effects whatever of which I may die possessed and of the yearly rent of my property at Harbor Grace held at present under lease to George Howell-
Thirdly Upon the marriage or death of Jessie Emerson my daughter and her three daughters as aforesaid, should it so happen, then it is my will and pleasure that my said estate and every part thereof shall revert to and belong in equal proportions to my married children Edwin Augustus Cawley, Selina, Frances Charlotte, Eliza Lavinia and their respective children or the survivors of them until marriage, being girls, who are always less able to provide and support themselves than boys And here I must express that I possess equal affection for all my other children in Australia and their offspring, with their respective partners, but regret that I have not the means of bequeathing them any substantial gift, but doubt not they will be all provided for (their children) by the goodness of Almighty God and their own energy and that of their respective parents.
Fourthly I bequeath my large family Bible to my eldest daughter Frances Charlotte Brown- my annotated Bible to my son Augustus as aforesaid with such of my printed books as he may desire to have. My bedroom clock to my daughter Eliza Lavinia and my clock by cross to my daughter Selina and all my other household furniture to my daughter Jessie Emerson in trust for her benefit and that of her three fatherless daughters to be sold or realized as my said daughter shall think fit. It is my desire that I should be buried in a very plain way and with as little expense as possible. This will is fully intended to bequeath and convey as aforesaid all my estate and effects whatsoever of which I may die possessed both real and personal whether in possession, reversion, remainder or expectancy.
And I do hereby appoint Thomas Clift and William Boyd both of Saint John’s Merchants (or the survivor of them) to be my executors.
In witness whereof I have hereunto set my hand and affixed my seal at Saint John’s aforesaid this twenty third day of September in the year of our Lord one thousand eight hundred and seventy one.
James Bayly (LS) Signed sealed and acknowledged by the said James Bayly the testator as and for his last will and testament in the presence of us being present at the same time also at his request in his presence and in the present of each other have hereunto subscribed our names as witnesses, John Stewart, J.T. Nevill.
This is a codicil to my will written on the first and second pages of this sheet of paper for the better explanation of my intention as regards the second clause of said will. I declare that if my daughter Jessie Emerson shall die or marry again my estate and effects shall be appropriated for the support and maintenance of her three daughters equally (and should either of them die or marry, the survivors or survivor or any unmarried shall be alone entitled to the same during their or her lifetime: provided that the other clauses of my said will shall not be construed to be effected by this codicil and I hereby confirm the same,
Saint John’s Newfoundland 4th July 1872, James Bayly.
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)
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