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These transcriptions may contain human errors.
As always, confirm these, as you would any other source material.

A Collection of Newfoundland Wills
(C)
Moses Clarke

 

 

Will of Moses Clarke
from the Newfoundland will books volume 12 page 182 probate year 1922

In re MOSES CLARKE.      DECEASED.

This is the last Will and Testament of me Moses Clarke of St. John's.

  • FIRST. I appoint my son Wilson Clarke to be sole executor and trustee of this my will
  • SECOND. I give devise and bequeath all the property of which I die possessed to my said executor and trustee upon the following trusts:
    1. To pay all my just debts funeral and testamentary expenses and death duties.
    2. To hold all the balance of my said property in trust for my wife during her lifetime and I order and direct my executor and trustee that in carrying out the said trust during her lifetime he shall do so upon the following terms and conditions;
      1. Out of whatever money is in bank or otherwise owned by me at the time of my death he shall from time to time out of either capital or income pay such sums as he shall in his discretion consider necessary for the support and maintenance of my wife;
      2. My wife shall have the use and occupation of the house and furniture owned by me and being No. 85 Gower Street for so long as she shall so desire, but she shall not during her occupancy thereof use or permit to be used the said house or any part thereof for the keeping of a boarder or boarders. Should my said wife, however, at any time desire that the said house and furniture shall be sold, my executor and trustee shall sell the said house and furniture and shall invest the proceeds of said sale and pay the income arising therefrom to my said wife for the balance of her life.
    3. Upon the death of my said wife my said executor and trustee shall sell the house and furniture (if the same be not already sold) and divide the proceeds together with whatever money remains in the said executor's possession belonging to me in equal shares amongst my five children including the said executor.

In witness whereof I, the said Testator, have hereunto subscribed my hand this 24th day of June Anno Domini One thousand nine hundred and twenty one. MOSES H. CLARKE.
Signed Published and declared by the said Testator in the presence of us, both being present at the same time, who at his request, in his presence and in presence of each other have hereunto subscribed our names as witnesses. Hugh Garland.     L.E. Emerson.

CORRECT.
William F. Lloyd
Registrar of the Supreme Court of Newfoundland

(Listed in the Margin next to this will the following)
Fiat April 5/22
Horwood C.J.
Probate granted
to Wilson Clarke
April 6/22
Estate sworn
at $2400.00

 

Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written 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.

This page contributed by Judy Benson and Ivy F. Benoit

REVISED BY: Ivy F. Benoit June 24, 2002

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