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Will of Cornelia Rachel Colton
This is the last will and testament of me Cornelia R. Colton of Saint John’s in the Island of Newfoundland widow I revoke all former wills and codicils by me at any time made. I direct that all my just debts funeral and testamentary expenses shall be first paid by my executor and trustee hereinafter named I give devise and bequeath unto the Honorable Stephen Randell his executors and administrators all moneys and all moneys to be produced from realization by him as such executor and trustee of any securities, stocks, chattels, goods and effects that I may die possessed of or entitled unto upon trust to distribute the same among each of my sons Edward Colton John Colton (subject as hereinafter mentioned as regards my said son John) and Samuel Colton and daughters Ellen Bain and Mary Ann Hoods as legacies in equal proportions and in equal shares. And in the event of the death of any of my said sons and daughters before my decease I direct that the share to which he or she would be entitled to under this my will shall be payable to his or her issue (subject as hereinafter mentioned as regards my said son John) share and share alike and in the event of he or she dying without issue then to the survivors or survivor of my said children share and share alike (subject as hereinafter mentioned as regards my said son John): It is my will and desire and I hereby direct that the share bequeathed as aforesaid to my said son John and any further interest that he might have by right of survivor ship shall in the event of his surviving me be payable either to him or be hold in trust by my executor and trustee for the benefit of my said sons children by his first wife and in the event of the death of my said son before my decease then absolutely for the benefit of the said children in either of which contingencies the said legacy or any further interest as aforesaid to be applied in such manner as my said trustee in his discretion may deem best for the said children’s advantage. In the event of my said executor and trustee electing to pay the said share unto my said son John I direct that the same shall be retained until such time as my said executor in his discretion shall deem proper. I hereby declare that all things done by my said executors and trustee in the exercise of his discretion in carrying out the provisions of this my will shall be as binding as if I had given specific directions therein. In witness whereof I have hereto set my hand at Saint John’s aforesaid this eleventh day of February A.D. one thousand eight hundred and seventy six. Cornelia Rachel Colton. Signed and declared by the said testatrix as and for her last will and testament in our presence (present at the same time) who have hereto signed our names as witnesses thereto in the presence of the said testatrix and in the presence of each other, Geo. Rowland, James H. Martin.
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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