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Will of James Brown
This is the last and sole will and testament of me James Brown of Harbor Grace in the Island of Newfoundland Master Mariner I will that my just debts funeral and testamentary expenses be paid out of my personal estate by my executrix and executors hereinafter named. I will devise and bequeath to my beloved wife Lavinia all my real property consisting of dwelling house and premises in which I now live and land attached thereto and all my personal property (except my monies) for and during the term of her natural life so long as she keep my name and do not marry again If she should marry again the said real and personal property and all my money is to be divided equally among my children. My said wife shall not have the power of selling or otherwise disposing of the said property or any part thereof I will that out of all monies of which I am now or may be possessed or which may accrue after my decease my said wife shall have power to draw yearly the sum of forty pounds for the support of herself and my children. Upon the decease of my said wife the said real and personal property and all the residue of my said monies shall be equally divided among my children Ann Elizabeth and George Robert upon their respectively attaining the age of twenty one years I request that my executors will hold the said property to and for this purpose for the benefit and advantage of my said children until they attain the said age when the same is to be equally divided among them to each and heirs forever. I desire that my said children shall not at any time after their acquisition of the said property sell, grant, convey or otherwise dispose of the said property or any part thereof so as to take the same out of the family which would be contrary to my wish. The monies which I now have consist of the sum of eleven hundred pounds currency cash in Savings Bank and Debentures. I hereby appoint my said wife Lavinia executrix, and Captain John Munn and Hugh W. Trapnell Esqr executors of this my last and sole will and testament I hereby revoke disannul and make void all former and other wills testaments or testamentary writings or codicils ever heretofore made by me and do declare the same to be utterly void and of no effect. And do solemnly and further declare that this is my last and sole will and testament In witness whereof I have hereunto my hand and seal subscribed and set at Harbor Grace aforesaid this twenty second day of August Anno Domini one thousand eight hundred and sixty seven. James Brown (LS) Signed sealed published pronounced and declared by the said testator as and for his last and sole will and testament in the presence of us who in his presence and in the presence of each other have hereunto subscribed our names as witnesses, Henry A. Clift. George Brown. This is a codicil to the above last will and testament of me James Brown I do will that my said wife Lavinia shall not have the power of leasing any part of the said property mentioned in my said will and that if she should leave the said property then all her right and title to the same shall for ever cease. Harbor Grace 22 August 1867. Witness my hand and seal. James Brown (LS) Witnesses, Henry A. Clift, George Brown.
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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