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A Collection of Newfoundland Wills
(C)
Gilbert Clapp

 

Will of Gilbert Clapp
from Newfoundland will books volume 6 pages 492-495 probate year 1899

Last will and Testament of
Gilbert Clapp of St. John’s
Gentleman deceased

      This is the last will and Testament of me Gilbert Clapp of St. John’s in the Island of Newfoundland, Gentleman. I appoint my sons John Squarey Clapp, Robert Clapp and William Clapp to be Executors and Trustees of my will for all the purposes thereof I direct that my Trustees shall permit my dear wife Mary Clapp she continuing my widow, personally to occupy as her residence the messuage or dwelling house and premises wherein I now reside situate in Cochrane Street in St. John’s aforesaid with the appurtenances and to use therein my household furniture, pictures, prints, plate, linen, china glass and other household stores and effects she keeping the said messuage and premises in repair and paying the taxes insurance and other outgoings affecting the same. And I give devise and bequeath the said messuage or dwelling house and premises household furniture, pictures, prints, plate linen, china, glass and other household effects whereof the use and enjoyment are hereinbefore given and bequeathed to my said wife (subject to her interest in the said messuage or dwelling house and premises, household furniture and effects under such gift and bequest) unto my said sons John Squarey Clapp and William Clapp in equal shares as Tenants in common.

I give and bequeath to my daughter Mary Bulley Clapp only one hundred pounds of sterlg. money considering that she has been already provided for.
I give to my said wife Mary Clapp for her life if she shall continue my widow the yearly sum of one hundred and fifty pounds of sterling money payable by equal quarterly payments and issuing as a rent charge out of all my lands dwelling houses shops warehouses offices stores wharves platforms waterside hereditaments and premises in St. John’s or elsewhere in Newfoundland aforesaid the first payment to be made at the expiration of three calendar months from my decease and to be recoverable in like manner with rents reserved on common demises I declare that the provision hereinbefore made for my said wife is in satisfaction of the dower or thirds if any to which she shall be entitled out of any estate of mine.

I give to my daughter Margaret Clapp during her life the yearly sum of one hundred and fifty pounds of sterling money payable by equal quarterly payments and issuing as a rent charge out of all my lands dwelling houses shops warehouses offices stores wharves platforms waterside hereditaments and premises in St. John’s or elsewhere in Newfoundland aforesaid the first payment to be made at the expiration of three calendar months from my decease and to be recoverable in like manner with rent reserved on common demises.

I give devise and bequeath all the property in St. John’s Newfoundland aforesaid which I have derived from my Father Gilbert Clapp from my uncle Thomas Clapp from my Brother John Squarey Clapp and from my Sister Mary Frances Bulley Clapp consisting of lands dwelling houses shops warehouses offices stores wharves platforms and waterside (but subject and charged with the payment of the hereinbefore mentioned annuities) unto my sons John Squarey Clapp Robert Clapp and William Clapp in equal shares as Tenants in common their Heirs Executors administrators and assigns respectively.

I give devise and bequeath the following property namely all my waterside property hereditaments and premises at Maggotty Cove in St. John’s aforesaid together with all and every sum and sums of money or other compensation that may become payable or be received from the Government or the Railway Company on account of the Railway passing through the same property or on account of the said property being affected thereby Also all that plot or piece of land and premises opposite thereto and on the North side of the Road leading to the Chain rock Battery Also all that plot or piece of land and premises near to Burtons Pond at or near St. John’s aforesaid also all that plot or piece of land near to Branscombe’s Pond and the old Topsail Road together with all and every sum and sums of money and other compensation which may become payable or be received from the Government or the Railway Company on account of the Railway passing through the same property or on account of the said property being affected thereby (but as to all the said property lands hereditaments and premises subject to and charged with the payment of the hereinbefore mentioned annuities) unto my said sons John Squarey Clapp and William Clapp as Tenants in common their Heirs Executors administrators and assigns respectively

I give devise and bequeath the residue of all the real and personal estate to which I shall be entitled at the time of my decease unto my said sons John Squarey Clapp Robert Clapp and William Clapp in equal shares as Tenants in common their heirs Executors administrators and assigns respectively I direct that none of my property shall be sold or mortgaged or otherwise acquestered or aliened without the consent in writing of all the members of my family then living and taking any Estate or interest therein under this my will and that any person or persons taking any estate or interest under this my will who shall act in contravention of this injunction shall forfeit his or her claim to any property or income given devised or bequeathed to him or her by this my will
I declare that a new Trustee or new Trustees of this my will may on the death or incapacity of the Trustees hereby appointed or any of them or of any Trustees or Trustee to be appointed under this clause, from time to time be appointed by the competent Trustees or Trustee for the time being, if any, whether retiring from the office of Trustee or not, or if none, by the Executors or administrators or either or any of the Executors or administrators of the last surviving Trustee And I declare that the previous clauses so far as they concern my Trustees hereinbefore named shall extend and be applied to the Trustees and Trustee for the time being of my will.
Lastly I hereby revoke all other testamentary writings and declare that this writing contains the whole of my will. In witness whereof I have hereunto set my hand and seal this fourteenth day of May in the year of our Lord one thousand eight hundred and eighty eight (sgd) Gilbert Clapp (LS)    Signed by the said Testator Gilbert Clapp as and for his last will and Testament in the presence of us, present at the same time, who at his request, in his presence and in the presence of each other have subscribed our names as witnesses
(sgd) W. R. Hall Jordan, Solicitor, Teignmouth, Devon.
(Sgd) Wm Fredk Cartwright Jordan, Solicitor, Teignmouth, Devon England

      I certify the foregoing to be a correct copy of the last will and Testament of Gilbert Clapp deceased

D. M. Browning
Registrar

(Listed in the margin next to this will the following)
Fiat
G. H. Emerson
J.
Probate
granted to
J. S. Clapp
& Wm Clapp
the Exors.
Dated
May 6: 1899
Estate
sworn under
$103,000.00

 

 

Page Contributed by Sheila Tiberio, Judy Benson & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)

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