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Will of Sidney Spear Carter
In the name of God Amen I Sidney Spear Carter of Saint John’s in the Island of Newfoundland wife of Peter Weston Carter of the same place Esquire being of sound and disposing mind and memory do by virtue of a power to me in that behalf before my intermarriage with my said husband make and publish my last will and testament in manner following that is to say I hereby give and devise to my sons Peter Hart Carter and Frederic B.T. Carter and their heirs whom I also appoint executors hereof all my lands tenements and hereditaments to which I am in anywise entitled wheresoever situate upon the several trusts hereinafter expressed that is to say in trust to pay unto or empower and permit my said husband to receive the rents issues and profits thereof during his natural life and from and immediately after his decease upon further trust that they the said trustees or the survivors of them and his heirs shall and do thenceforth pay and apply the rents issues and profits thereof towards the support and maintenance of such of my daughters as may remain unmarried during the terms of their respective natural lives the share of either contracting marriage or dying to be divided amongst the survivor or survivors of them in equal proportions and upon the marriage of all my said daughters or their deaths whichever may first happen then upon this further trust to convey release and assure the said lands messuages and hereditaments to all my children then surviving (or their representatives taking per stirpe and not per capita) save as hereafter excepted) as tenants in common, my said trustees retaining their shares, the shares of my daughters not to be subject to the debts control or engagements of their respective husbands but should either of my said children die leaving no child or children him or her surviving the share of him or her so dying shall be divided amongst the survivors or their representatives in equal proportions, it is also my especial will and desire that the share to my son William is upon this express condition that if he marry during the lifetime of the said Peter Weston Carter without his consent in writing first had and obtained or if after the decease of my said husband without the consent of my trustees or the survivor of them or his heirs aware as they are of my reasons for imposing this restraint and feeling convinced he or they will not capriciously refuse their consent, then the share intended for my said son shall be divided equally amongst my other children and their respective representatives upon the conditions aforesaid after the decease of my said son who shall have a life interest thereon only.
And I further empower my said trustees or the survivor of them during the intervening trusts and before the final release aforesaid to demise lease or grant any part of the premises aforesaid upon such terms as they or the survivor of them aforesaid may think most conducive to the interests of all (during the lifetime of the said Peter Weston Carter first having his approbation) and I hereby authorize my said Trustees to reimburse themselves for all advances made and all expenses incurred incidental to the execution of the said trusts and they or
Sidney Spear Carter. Signed sealed published and declared in our presence who in the presence of the testatrix and of each other have hereto subscribed our names the words “he or” in 2nd page first interlined) Samuel Carson, Mary Ewing.
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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