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Will of Thomas Coyell
In the name of God Amen. I Thomas Coyell of St. John’s in the Island of Newfoundland Gentleman being old and infirm in body but of perfect and sound mind memory and understanding do make this my last will and testament as follows,
First, I desire and my wish is that my body be interred in a respectable and becoming manner and that my funeral and testamentary expenses and all my just and lawful debts be first paid out of my estate-
Second I give devise and bequeath to my Trustees hereinafter named all my property landed or otherwise monies and effects that I may be possessed of at the time of my death in trust for the benefit of my wife Elizabeth Coyell and for her support and maintenance as long as she shall live, provided nevertheless that her support and maintenance shall not annually exceed the sum of forty five pounds currency, and whatever money remains over and above said sum shall be deposited in the Union Bank of this Town by my Trustees hereinafter mentioned.
Third, I give devise and bequeath (after the death of my said wife) to Ann Coyell the widow of my son William one of the houses on the gallery belonging to me situate on the South Side (except the one occupied by Edward Cozens) together with thirty feet of ground in the garden above my dwelling house to her and her children free from the control of any future husband she may have.
Fourth, I give devise and bequeath to my daughter Elizabeth Warren (widow of Edward Warren) the house and land she now lives in having a frontage along the street of forty feet, together with the coopers’ Shop and Firing house occupied at present by Messrs. Stabb, Row & Holmwood and also a part of the garden at the back of said Coopers shop and after her death to be divided equally between the children (boys and girls) of the said Elizabeth Warren share and share alike, but not subject to the control of any future husband or wife she or her children may have but the parties that shall have the portion of the house that is finished are to pay the boys their share of the seventy pounds that has been expended thereon or pay their share on the part that is not finished as the boys have an equal right to their part or portion of said money that has been so expended.
Fifth, I give devise and bequeath to my daughter Mary Coyell widow of my late son Christopher the dwelling house at present occupied by Henry Gifford for her use and support only as long as she remains a widow together with any share of monies that may be due her and should she again marry and at her decease to my Trustees hereinafter named in trust for the children of the said Mary and Christopher Coyell.
Sixth, I give devise and bequeath to my daughter Sarah Warren one of the houses on the gallery together with the ground and dwelling house occupied by Nicholas Cronwers and also room to build another between Cronwers house and the fence adjoining the fence of the garden for a Coopers’ shop for her son Edward, and also the land in Freshwater Bay leased to Sylvester Witty and part of the ground in front of the street below Elizabeth Warren’s house fronting the street fifteen feet and extending to the rear twenty feet none of which shall be subject to the control of any future husband- And it is also my wish that the said Sarah Warren shall have the care of her mother after my decease And after the death of the said Sarah Warren I bequeath the said property to my Trustees hereinafter named in trust for the children of the said Sarah Warren share and share alike.
Seventh, I give devise and bequeath to my daughter Henrietta Colton the house she now lives in together with fifteen feet of land fronting the street and extending to the rear twenty feet and room to the back of the large house for a coopers shop but not to exceed thirty feet for her use during her natural life but not subject to the control of her present or any future husband together with the garden she now occupies and also half of the rent of the house occupied by Thomas Brawders and after her decease to my Trustees hereinafter named in trust for the children of the said Henrietta Colton share and share alike-
Eighth, I give devise and bequeath to my daughter Maria Cozens the house she now occupies together with fifteen feet of ground fronting the street and extending in the rear twenty feet and also the Coopers shop now in her husbands possession for her use as long as she shall live, but not subject to the control of the present or any future husband and after her decease to be divided equally among the children of the said Maria and Edward Cozens share and share alike.
Ninth, I give devise and bequeath to my daughter Jessie Coyell the parlor end of the house I now live in together with the whole of the cellar under the house for a kitchen and also the house above Campbell’s say the one occupied by Pynn, and also half of the rent of the house occupied by Thomas Brawders, but which shall not be subject to the control of any future husband and the house occupied by Fitzpatrick I give to my daughter Sarah Warren but not subject to the control of any future husband and also a piece of land on the western side of the house I now live in to be divided between the said Jessie Coyell and Sarah Warren.
Tenth, I give devise and bequeath to my youngest son Thomas Coyell the kitchen part of the house I now occupy together with the part to the end that is not finished and the remaining house that is left on the gallery but not subject to the control of any wife he may have- Also the whole of the shed above Elizabeth Warren’s house, and also room to build or erect a Coopers’ shop to the back of John Dawler’s house.
Eleventh, I give and bequeath to my Trustees hereinafter named in trust for the children of said Sarah Warren namely, Edward, Charles and Egbert, the land on which Dillons old house now stands adjoining the land in front at present occupied by Dillon.
Twelfth, I give devise and bequeath to my worthy friend Richard Cooke his heirs and assigns all that piece of land situate between John Colton’s house and the shed on the top of the wall.
Thirteenth it is my will and desire that the land fronting the water as well as that to the rear and any other property that may not be herein mentioned as well as any monies Bank shares or effects that I may be possessed of at the time of my death as can be seen on reference to my bank books as well as the ground rent payable by C.F. Bennett Esquire shall be divided equally between my sons and daughters and daughters-in-law share and share alike; all which said matters and things shall be settled by my Trustees hereinafter named and any reasonable expenses my Trustees may incur, or for any trouble that they may be put to either in the settling arranging or distributing my property as aforesaid and carrying out the intention of this my will shall be first paid out of my estate and in case any dispute shall arise between any of the parties above named or between my Trustees the same shall be left to the decision of the Reverend John Pearson whose decision shall be final and binding on all the parties
Fourteenth- And it is my further wish and desire that my executors within named do immediately after my decease erect or cause to be put up in St. Mary’s Church on the South side, a painted window to my memory which shall not cost or exceed the sum of fifteen pounds currency.
Eighteenth, I appoint my friends William Blackler and Richard Cooke Trustees and executors under this my will and I hereby revoke all former wills by me at any time made and declare this to be my last will and testament. In witness whereof I have hereunto set my hand and seal at St. John’s aforesaid this twenty first day of February Anno Domini one thousand eight hundred and sixty one Thos. Coyell (LS) Signed sealed published and declared by the said testator who in his presence in the presence of us and in the presence of each other have hereunto subscribed our names as witnesses, A.O. Hayward, William Blackler, Richard Cook.
16th, It is my further will and desire that the house at present occupied by David Rodgers shall be left to Jessie Coyell within mentioned, and the one occupied by James Aylward to be divided after the death of my said wife between the said Jessie Coyell and my daughter Sarah Warren within mentioned These last legacies to be considered and deemed part and parcel of the within will. February 21st 1861, Thos. Coyell (LS) Signed sealed as above by me in the presence of A.O. Hayward.
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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