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Will of George Clarke
This is the last will and testament of me George Clarke of Conception Bay Newfoundland Planter.
First. I give devise and bequeath unto my wife Susannah all my shares of the farm land that myself and brother Moses Clarke purchased from the estate of Walter Whelan for her sole use and benefit during the remainder of her life and at her death to be equally divided between my sons Isaac Clarke and Robert Kerr Clarke share and share alike for ever.
Second I give devise and bequeath unto my wife aforesaid for the support of herself and our children that are at present living with us, the interest or dividend arising from the stock that I hold in the Commercial Bank at St. John’s. And at the death of my wife this stock shall be equally divided between all my surviving children share and share alike. Provided that this stock shall not be distributed untill the youngest child shall have attained the age of twenty one years or is married- Also the monies that I have in the Savings Bank I give devise and bequeath unto my wife to be used by her for the same purpose and in like manner as that which is in the Commercial Bank- And at her death it is to be distributed in like manner and in the same proportions
Third. All other monies that I may be possessed of after my lawful debts and funeral expenses are paid shall be placed in the savings Bank or some Government security as my executors may deem best and to be used and appropriated only in like manner as directed by the second clause of this will. Provided that my son Isaac may have the sum of two hundred pounds cy of this money to build or purchase a shop premises to carry on the trade, should he elect to do so, within one year after my death, if not then it is to be placed at interest as already directed-
Fourth- All the landed property that I own belonging to the Clarke Estate including the property that I purchased from George Brown or others in that locality as also the waterside property belonging to me (and also of Clarkes Estate) shall be sold as soon after my death as convenient, and the money placed at interest with the others named in the second clause.
Fifth- I also direct that the schooner “Fleetwing” shall be sold as soon after my death as convenient and all the fishing craft and gear that I may have belonging to me at time of my decease, and all these monies be placed at interest as above directed.
Sixth. I give bequeath and devise unto my son Isaac Clarke and Robert Kerr Clarke for ever the house that I at present occupy with all the property belonging and attached thereto including the waterside property with wharf, stores and all erections whatsoever thereon- Provided always that my wife Susannah shall live in the said dwelling house during the remainder of her life.
Seventh. I give, devise and bequeath unto my son Robert Kerr Clarke the new watch I purchased last year, and also the Pew that I myself occupy in the Wesleyan Church-
Eight- I give bequeath and devise unto my son Isaac Clarke all my present stock in trade viz shop & store, goods and lumber to carry on the trade I am at present engaged in, provided that he shall pay out of the said trade to his mother, for the support of my children that are at present living with her and untill they or any of them shall be married, two thirds of the nett proceeds at said trade, and in the event of the death or marriage of all my daughters Then the trade to belong to my sons George and Robert Kerr share and share alike-
Ninth Should my son Robert Kerr Clarke die before he attains the age of twenty one years or of legal age to dispose of his property by will then his share of all my property before devised is to become the property of my son Isaac Clarke- In witness whereof I have hereunto set my hand and seal at Brigus Conception Bay Newfoundland this seventh day of January A.D. one thousand eight hundred and seventy eight- I appoint my son Isaac and my bro Caleb Clarke, joint executors.
George Clarke. Signed sealed and delivered by the said testator who in our presence and in the presence of each other have hereunto set and affixed his hand and seal at Brigus aforesaid and at the time above written, Charles Ladner, Geo. Gushue.
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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