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Will of Peter Carter
I Peter Carter of Fogo in the island of Newfoundland Mercantile Agent being now of sound mind and memory but knowing the uncertainty of this life do make this my last will and testament hereby revoking all former wills and testaments by me made.
First, I give and bequeath to my dear wife Cinderella all my household furniture and wearing apparel plate and trinkets except my two watches-
Secondly I give and bequeath to my daughter Mary Susannah my gold watch.
Thirdly I give and bequeath to my daughter Eliza my silver watch.
Fourthly I give bequeath and devise all other property both real and personal of which I shall die possessed or entitled to whatsoever and wheresoever to my executors hereinafter named in trust for my executors to realize and convert the same into money and out of the proceeds thereof first to pay all my just debts and funeral expenses which funeral expenses I wish to be moderate suitable to my condition having regard to the wants of my family secondly to pay the expense of erecting a suitable headstone with inscription to memory. Thirdly for my executors to invest the residue of such proceeds at interest upon good and undoubted security and to pay the rents issues and profits thereof to my dear wife so long as she shall continue sole and unmarried for the purpose of being applied by her for the maintenance of herself and for the maintenance and education of my unmarried children by my said wife but in case of my said wife marrying or dying then such rents issues and profits shall be applied by my said executors for the purpose of maintaining and educating my said unmarried children in such manner as my said executors shall think fit subject to the proviso that upon each of my said unmarried children arriving at the age of twenty one years my wife being alive the share of such rents issues and profit of such said unmarried child shall be paid to him or her the whole being divided into equal shares among my wife and said unmarried children my wife being alive and unmarried or in equal shares between my said unmarried children my wife being married or dead And after the marrying or death of my wife upon each of my children arriving at the age of twenty four years to divide the trust estate hereby created into equal shares among my said children and to pay to each upon is or her arriving at the said age of twenty four years his or her share of the same- It is my wish also that all property and monies which may after my death become the property of my wife and children or any of them by virtue of any bequest made to me or coming to them through me from any other person dying after me shall be made a part of the trust estate hereby created and be disposed of and managed by my said executors in manner aforesaid in that behalf provided
I appoint my brother Kenneth Carter and my friend Edwin Duder Esqr executors of this my last will and testament In witness whereof I have hereunto set my hand and seal at Fogo aforesaid this seventeenth day of November Anno Domini one thousand eight hundred and sixty-four. Peter Carter. Signed sealed published and declared in presence of us who have respectively signed the same as witnesses in the presence of the said Peter Carter and in presence of each other, Kenneth Carter, Thomas Crawford.
Codicil to my last will and testament. Being feeble in body and not knowing how soon I may depart this life. I make this my last wish and request that my executors do after my death take my family to St. John’s and provide for them in accordance with my foregoing will. My family to reside at St. John’s, Peter Carter. Signed at Fogo this 17th Decr 1866, in the presence of Chas. Edmonds, Hay Findlater.
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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