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A Collection of Newfoundland Wills
(B)
David Buchan

 

Will of David Buchan
from Newfoundland will books volume 1 pages 326 to 329 probate year 1840

In re
     David Buchan       deceased.

This is the last will of me David Buchan of Groons End Woolwich in the County of Kent Gentleman
First   I direct that all my just debts and funeral and testamentary charges be paid by my executors as soon as may be after my decease And I give and bequeath unto my dear wife Mary Pattison Adye all my household goods and furniture books plate linen china wines and other liquors and household effects of every kind to and for her own use and benefit and I give and bequeath all the rest residue and remainder of my estate and effects whatsoever and wheresoever and of what nature or kind soever the same shall or may consist at the time of my decease unto my said dear wife and John Willett Willett of Grosvenor Square in the County of Middlesex Esquire and George Wood of Broad Street Buildings in the city of London Esquire their executors administrators and assigns upon trust that they my said wife and the said John Willett Willett and George Wood and the survivors and survivor of them and the executors and administrators of such survivor shall and do as soon after my decease as conveniently may be sell and dispose of and convert into money all such parts thereof as shall not consist of money and do and shall invest the whole thereof in the names of them my said wife and the said John Willett Willett and George Wood or the survivors or survivor of them or the executors or administrators of such survivor in or upon Government securities at interest and stand and be possessed thereof upon and for the trusts intents and purposes hereinafter declared of and concerning the same that is to say In case I shall leave no issue by my said wife born in my lifetime or in due time after my decease then the whole of the said residue shall be in trust for my said wife to and for her own use and benefit And in case I shall leave issue by my said wife one or more child or children then I direct that if there be but one such child one full and equal third part or share of the said residue or of the stocks funds and securities whereon the same shall be invested shall vest in and be paid transferred or assigned to such one child if a son at his age of twenty one years and if a daughter at her age of twenty one years or day of marriage with consent of my said wife which shall first happen and the interest dividends and yearly proceeds of the remaining two third parts or shares of the said residue or of the stocks funds or securities whereon the same shall be invested shall continue to be paid to my said wife for her life and at her decease the same shall go and belong and be paid transferred or assigned to such one child whether son or daughter and his or her executors administrators or assigns to and for his her or their own use and benefit And if there shall be two or more such children then and in such case one moiety or equal half part of the said residue or of the stocks funds or securities wherein the same shall be invested shall go and belong to and shall be equally divided between or among such two or more children and the share or respective shares of such of them as shall be a son or sons shall vest in and be paid assigned or transferred to them respectively when and as they shall respectively attain the age of twenty one years and the share or shares of such of them as shall be a daughter or daughters shall be paid assigned or transferred to them respectively when they shall respectively attain the age of twenty one years or shall be married with such consent as aforesaid which shall first happen And the interest dividends and yearly produce of the remaining one full equal moiety or half part of the said residue or of the stocks funds or securities whereon the same shall be invested shall continue to be paid to my said wife for her life and at her decease the said remaining moiety shall go and belong to and be equally divided between such two or more children and their respective executors administrators and assigns for their own use and benefit Provided always and I do hereby direct that in case I shall leave any child or children by my said wife the share or shares of each and every such child of and in the said interest dividends and yearly produce shall until the same shall vest in him her or them respectively be paid to and received by my said wife for and towards her own support and maintenance and the support maintenance and education of such child or children And if my said wife shall happen to die before any such child or children shall have acquired a vested interest or vested interests in the bequests hereinbefore contained for his her or their benefit then from and after the death of my said wife I do hereby authorise and empower the said John Willett Willett and George Wood their executors or administrators to pay and apply the interest and yearly produce of the said residue of my personal estate or of the stocks funds and securities whereon the same shall be invested or such part or parts thereof as shall belong to such child or children as last aforesaid in for and towards the maintenance and education of such child or children as last aforesaid until the same shall vest and become payable And in case any part of parts of such interest dividends or yearly produce shall not be so applied the savings thereof shall be added to the principal and invested for the benefit of the child or children out of whose share or shares the same shall arise and shall be subject to all the same trusts as are herein invested for the benefit of the child or children out of whose share or shares the same shall arise and shall be subject to all the same trusts as are herein declared of and concerning the share or shares out of or in respect of which the same shall arise

And I appoint my said wife and the said John Willett Willett and George Wood executors of this my will and I declare that they their executors administrators and assigns shall not be answerable or accountable the one for the other of them nor charged or chargeable or answerable for the acts receipts neglects or defaults of the other of them but each of them for her and his own acts receipts neglects or defaults only And they shall not nor shall any of them be answerable or accountable for any money but such only as they shall respectively actually receive by virtue of this my will and for any loss that shall or may happen in the placing out of all or any of the Trust monies aforesaid or any such securities as aforesaid or by depositing the said Trust monies or any part thereof in any Bank or Bankers hands or elsewhere for safe custody nor for any other loss or damage that shall or may happen in or about the execution of the trusts aforesaid without their respective wilful default And that they respectively shall be allowed and shall and may retain to and reimburse themselves all their costs charges damages and expenses to be occasioned by the execution of the trusts reposed in them by virtue of this my will
And I do hereby revoke all former and other wills by me heretofore made and declare this to be my last will and testament

In witness whereof I the said David Buchan have to this my last will and testament contained in this and the two preceding sheets of paper hereunto annexed set my hand and seal (to wit) my hand to the bottom of each of the said two preceding sheets and my hand and seal to this last sheet the third day of March in the year of our Lord one thousand eight hundred and three. David Buchan (LS)
Signed sealed published and declared by the said testator as and for his last will and testament on the day of the date in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses, Jas. Bogue, Fenchurch Street.    Saml Rigg of the same place.

Certified Correct
D. M. Browning
Registrar

 

 

Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written 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 and Ivy F. Benoit

Page Revised by Ivy F. Benoit (October 30, 2002)

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