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A Collection of Newfoundland Wills
(C)
Isaac Clarke

 

Will of Isaac Clarke Senior
from Newfoundland will books volume 4 pages 107 to 109 probate year 1880

In re
Isaac Clarke deceased.

This is the last will and testament of me Isaac Clarke of Brigus Conception Bay Newfoundland Planter and I hereby revoke all former wills by me heretofore made and declare this to be my only last will and testament,

First I give and bequeath to my son John Clarke his heirs and assigns the dwelling house he now occupies and all my proportion of the land belonging to me of my late fathers estate and situate on the south side of Brigus, also the fourth part of my farm on the Bell Cove Road that I purchased from James Norman also the fourth part of my waterside premises including wharf and stores being the western part of the said premises that I purchased from George Gushue also one half of pew No. 57 in the Wesleyan Church, the whole of the said before named property to be his for his natural life, and then to become the property of my grandson Thomas Job Clarke (son of Isaac) with the proviso that the wife of my said son John Clarke shall live on the before named bequeathed property and enjoy the profits thereof while she remains a widow but in the event of her marrying again she loses all interest in the said property.

Second, I give and bequeath to my son William Clarke on fourth part of my farm on the Bell Cove Road also one fourth part of my waterside premises before mentioned, being the eastern part of the same, also the piece of ground called the Marsh garden together with the stable attached, with the proviso that my other sons may have a joint use of the stable until they can provide themselves otherways also the sum of two hundred pounds cy to be expended by him in building a dwelling house.

Third, I give and bequeath to my son Stephen Clarke his heirs and assigns all that piece of land situate on Meeting house Hill adjoining the Wesleyan Church ground that I bought from Jonathan Percy also a fourth part of my farm on the Bell Cove Road also one fourth part of my waterside premises stores and wharf his part to be next adjoining my son William also one pew (No. 9) in the Wesleyan Church with the condition that my daughter Mary Ann Hayn and granddaughter Susannah Hayn have a seat in it while they require it also the sum of two hundred pounds to be expended in building a dwelling house.

Fourth, I give and bequeath to my son Isaac Clarke his heirs and assigns the dwelling house I now reside in all land and outhouses belonging to the same on the south side of the road, also the furniture in it that remains there belonging to me, excepting my bed and bedding which I give and bequeath to my grandson Thomas Job Clarke (son of Isaac) and my writing desk which I give to my son Stephen Clarke- also the fourth part of my farm on the Bell Cove Road also one fourth part of my waterside premises stores wharves &c. being the part next adjoining my son John Clarke’s, also one half the pew No. 57, in the Wesleyan Church, also a piece of ground on the Bell Cove Road known as my middle farm-

Fifth I give and bequeath to my grand daughter Susannah Hayn the sum of fifty-five pounds cy to be paid him the first interest becoming due after my death-

Sixth, I order and desire that the interest arising from my Government Debentures, now in care of the Commercial Bank (after paying the fifty-five pounds to my granddaughter Susannah Hayn) shall be annually and equally divided between my four sons John, William, Stephen & Isaac & my four daughters Mary Ann, Elizabeth Maria & Susannah share & share alike- for them, their heirs and assigns- It is my desire that the said debentures shall remain unsold and until they expire and are paid off by the Government which will be in or about the year 1898 when I order & request they shall be equally divided (or the money arising from them) among my before named four sons & four daughters their heirs or assigns- share and share alike-

Seventh, I hereby nominate and appoint my brother Moses Clarke and Robert Wilcox both of Brigus as my executors-     In witness whereof I have hereunto set my hand and seal this 2nd day of February A.D. 1880.    Isaac his X mark Clarke (LS)     Signed, sealed, published and declared as for his last will and testament in presence of us who in his presence and in the presence of each other have set our hands as witnesses thereto on the day of date thereof the said will having been first read over in our presence to the testator before he signed it and which appeared to be fully understood by him.    John Wilcox, James Gushue, Moses Clarke.

Certified Correct,
D.M. Browning
Registrar.

In re
    Isaac Clarke deceased. Codicil to will p.107

    Codicil executed same day February the 2nd 1880 by the afore named Isaac Clarke.     IN case that I do not pay the amount of the two hundred pounds to my son William also the sum of two hundred pounds to my son Stephen mentioned in this will to enable them to build houses during my life which is my present intention, I order and direct my executors to ascertain what has been paid towards these amounts and any balance due to them shall be first paid to them from the proceeds of my debenture bonds when sold before an equal division of them between my sons & daughters as provided for in this will.     In case my son John Clarke should have children by his present or any future wife I desire to revoke and annull the bequest made in favor of my grandson Thomas Job Clarke in the first section of this will & do so in favor of any child or children of the said John Clarke.     Isaac his X mark Clarke. (LS)    Witness to above codicil on the date above J. Wilcox   James Gushue, Moses Clarke.

Certified correct,
D. M. Browning
Registrar

 

 

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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