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Will of Jane Borland
This is the last will and testament of me Jane Borland of No. 117 Kennington Park Road in the County of Surrey Widow I nominate and appoint my friend John Clutton of No. 10 Serjeants Inn Fleet Street Gentleman to be trustee and executor of this my will I desire to be buried in the same grave with the remains of my late husband in the Cemetery at Norwood Surrey I direct that all my just debts funeral and testamentary expenses may be paid as early after my death as conveniently may be
I give devise and bequeath all the property I now possess or am entitled to under the will of my grandfather Robert Bulley Esquire situate and being in Saint John’s Newfoundland of what nature and kind soever unto my two nephews Daniel William Carroll (son of my late half brother William Daniel Carroll who was the son of my mother by her second husband) and Vincent Patrick Franklin (son of my late half sister Mary Ann Franklin who was the daughter of my mother by her said second husband) and to their heirs executors administrators and assigns according to the several natures and properties thereof to and for their own use and benefit for ever share and share alike as tenants in common but should my said nephew Daniel William Carroll die in my lifetime then I give and bequeath his moiety in the said property unto my said nephew Vincent Patrick Franklin absolutely
I give and bequeath the following legacies free of legacy duty that is to say
And as to all the rest residue and remainder of my estate and effects both real and personal I give devise and bequeath the same unto the said John Clutton and his wife Mary Ann Clutton, Emma Otway the widow of my esteemed friend Charles William Carrol Otway and my said nephew Vincent Patrick Franklin and their respective heirs executors administrators and assigns to be equally divided between them as joint tenants but I authorize and empower the said John Clutton for the purpose of enabling him the more effectually to make such equal division of my said residuary estate to sell all or any part thereof either by public auction or private contract at such time or times and in such manner in all respects as the said John Clutton in his uncontrolled discretion may deem advisable and proper
I declare that every interest hereby given to any person being a female shall be for her sole separate and absolute use and benefit free from the debts control interference or engagements of any person to whom she shall have been or may be married and so that her receipt alone shall be a good and effectual discharge for the same
I devise all estates vested in me as trustee or mortgagee unto the
said John Clutton his heirs executors administrators
and assigns subject to the trusts and equities affecting the same
hereby revoking all other wills In witness
whereof I have hereunto set my hand this thirteenth day of January
one thousand eight hundred and seventy-nine. Jane
and declared by the said testatrix Jane Borland as
and for her last will and testament in the presence of us present
at the same time who at her request and in her presence and in the
presence of each other have hereunto subscribed our names as witnesses-
This is a codicil to the last will and testament of me Jane Borland of No. 117 Kennington Park Road in the County of Surrey Widow which will bears date the thirteenth day of January one thousand eight hundred and seventy nine I give and bequeath the following pecuniary legacies clear of legacy duty
I give also the following legacies to Emily Johnson of Russell Square
the case of stuffed birds in my drawing room and the engraving of the marriage
of Her Majesty Queen Victoria and to Susanna Harris the two pieces of china presented
to me by her aunt Mrs. Bullock and also the clock
in my dining room
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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