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A Collection of Newfoundland Wills
(C)
Pierce Currie

 

Will of Pierce Currie
from Newfoundland will books volume 9 pages 55-61 probate year 1910

In re
      Pierce Currie          deceased.

      I Pierce Currie of Britannia Cove in the island of Newfoundland do hereby make this my last will and testament. I hereby revoke all wills made by me at any time heretofore    I give devise and bequeath to my son    Fenwick Rees Currie the house that I now occupy together with all the furniture that it contains: the stable and all other outhouses adjoining the said house.     the garden or gardens and yard adjoining the said house: my horse, carriage carts, slides, sleigh, harness, and agricultural implements.

I give devise and bequeath to my son Moses Currie the water side from his wharf to a point in line with the side of the road leading to Hickmans Harbor that marks his boundary, both inclusive together with all the land adjoining his house as arranged by me with him in the presence of his brothers Allan, Thomas, and Fenwick.

I give devise and bequeath to my son Allan the land adjoining his house as arranged by me with him in the presence of his brothers Moses, Thomas, and Fenwick.

I give devise and bequeath to my son Thomas Llewellyn all that part of the meadow near my house that lies between the parts bequeathed to my sons Moses and Allan as arranged by me with him in the presence of his brothers Moses, Allan, and Fenwick.

I give devise and bequeath to my son Fenwick Rees the garden opposite the old Methodist Church that is known as belonging to the house which said garden extends from the land already bequeathed to my sons Moses, Allan, and Thomas, to the junction of the roads near the Methodist school house.

I give devise and bequeath to my sons Charles, Moses, Allan, David Atkinson, Thomas Llewellyn, and Fenwick Rees all that piece or portion of land upon which I cut grass and make hay that is known as the meadow to be divided between them equally share and share alike.    a slate deposit exists under this meadow, if this deposit should ever be opened up and a quarry opened and operated the said brothers shall share and share alike in all the profits that may arise, and any damage or loss that may be sustained by the brother or brothers upon whose land the quarry may be operated shall be made good to him or them by the brothers, each to share and share alike in the said damages or loss. In all bequests of land under this will I hereby direct that each brother must keep his fences in good repair, and that the said land shall not be sold to a stranger but must remain in the name of Currie.     I give devise and bequeath to my son Fenwick Rees all that piece or portion of land known as the pasturage.

I give devise and bequeath to my children, Charles, Ann Ellen, Moses, Allan, David Atkinson, Thomas Llewellyn, and Fenwick Rees the uncultivated forest land which is to be divided into lots of about two chains each in width and extends to the pond at the back of my property said division to be made in accordance with the arrangement made between me and my aforesaid children. The share of Charles is to include the land adjoining his house, and the share of David Atkinson is also to include the land adjoining his house as already agreed between us.

I give devise and bequeath to the Newfoundland Conference of the Methodist Church a strip of land at the back of the present boundary in the rear of the parsonage said strip of land to be twenty feet in width and to extend from a point in line with the side boundary of the Conference land to the brook. I also direct that the well and the house that covers it that is situated on my land just outside the parsonage land and known as the parsonage well and well house shall be the property of the said Methodist Conference and that the occupants of the Methodist parsonage shall always have a right of way to the said well and well house without let or hindrance on the part of my son or sons or of any other person who may become possessed of the land on which the said well and well house are situated and over whose land the right of way exists or may exist.

I give devise and bequeath to my son-in-law Norman Pelley the water side in front of his house from my boundary line to the small cove near by together with all the land between the water and the land deeded by me to the Methodist conference. The land thus bequeathed to the said Norman Pelley is that which he now holds under agreement made with me.

I give devise and bequeath to my sons. Charles, Allan, David Atkinson, Thomas Llewellyn, and Fenwick Rees, the water side between that bequeathed to the aforesaid Norman Pelley and the wharf (exclusive) of my son Moses together with the land between the water and the road. My aforesaid sons are to have common rights to and on this property. I also give devise and bequeath to these aforesaid sons all the water side between the boundary already set for the water side of my son Moses as his eastern boundary and the boundary of my land at the brook as per government grant together with the land between it and the meadow. These aforesaid sons are to have common rights to and on this land and waterside also. It is not my will that the two pieces of property described and bequeathed in this paragraph shall be divided the brothers aforesaid are simply to have rights in common with each other.

I give devise and bequeath to my son Charles the house now occupied by Constable John Beckham together with the land adjoining it.

I give devise and bequeath my property at Black Duck Cove, Random Sound, to my children in the following manner:- my sons Charles, Allan, David Atkinson, Thomas Llewellyn and Fenwick Rees are to have a full share, my son Moses is to have a half share, but upon the sale of the said property my daughter Ann Ellen is to be paid the sum of one thousand dollars before the division is made between my sons as herein provided. And I further order that if the property be sold before my decease and the money obtained from the said sale be still at my credit in any bank the said amount shall be divided between my children as herein provided.

I give devise and bequeath to my wife Lucy all the money that may be found to be standing to my credit in the Bank of Montreal St. John’s, provided that if any of that amount be that which has arisen through the sale of the Black Duck Cove property the amount resulting from the said sale shall be divided amongst my children as provided in the clause immediately preceding this clause. My wife Lucy is to have the money thus bequeathed to her in her own right and shall have the sole disposal of it.    It is my will that my son Fenwick Rees shall allow my wife Lucy to live with him provided she so desires.

I give devise and bequeath to the children of my late brother John Currie the whole of land that I own at Lower Lance Cove, each child to share and share alike.

I give devise and bequeath to my son Charles the mill which I own which is situated at Popes Harbor, but all my other sons are to have the privilege of using the said mill if they need to use it.

I give devise and bequeath to my nephew Thomas Charles Currie a piece of land to build a house upon should he decide to settle down in Britannia Cove said piece of land to be situated on or about the site of the old mill to extend from the road to the brook in width and to have a frontage along the road of sixty feet more or less.

I appoint further in regard to the property at Black Duck Cove that if it be rented all my children, namely, Charles, Ann Ellen, Moses, Allan, David Atkinson Thomas Llewellyn, and Fenwick Rees, are to share and share alike in said rent or royalty, but upon the sale of said property the amount derived from the said sale is to be distributed as already provided for in this will.

I give devise and bequeath to my son Charles that part of the pasture land that is situated in front of the Methodist parsonage, said part or portion of the pasture land to be bounded by the fence in front of the parsonage and by the road leading from the gate to the corner of said fence and by the bank.

I appoint my son Moses Currie and my nephew John T. Currie to be my executors. In witness whereof I the said Pierce Currie have to this my last will and testament set my name this tenth day of March in the year of our Lord one thousand nine hundred and five. Pierce Currie
Signed by the Testator and acknowledged by him to be his last will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have subscribed our names as witnesses    John T. Currie John E. Peters

This is a Codicil to the foregoing Last will and testament of me Pierce Currie of Britannia Cove aforesaid. I hereby ratify and and confirm my last will and testament and hereby make the following alteration The 3rd paragraph of my said will which refers to my dwelling house that I now occupy is hereby cancelled and repealed, and instead thereof I do give and bequeath the said Dwelling house with all and every its contents, including furniture between my sons Charles and Fenwick Rees - the part now occupied by me I will unto my son Charles, the other part now occupied by Fenwick, after my decease, I give unto him, Fenwick, to be his own private property, the stable and all other outhouses, adjoining the said dwelling house, the garden, or gardens, and yard adjoining the sail house equally between my sons Charles, and Fenwick Rees, the horse and carriage - carts, slides, Sleigh harness, agricultural implements, I desire that they shall be held equally between all my sons when needed. Pierce Currie
Signed by the said Testator as and for a Codicil to the last will and testament referred to in the presence of us present at the same time who at his request in his presence, and in the presence of each other have subscribed our names as witnesses on this Twelfth day of December A.D. 1907    G. R. Lilly     Benjamin E Day

This is a second Codicil to the foregoing Last will and Testament of me Pierce Currie of Britannia Cove aforesaid. I hereby cancel the first Codicil signed by me and witnessed to by G. R. Lily and Benjamin E Day and declare said codicil to be null and void, and I do now ratify and confirm the third paragraph which refers to my dwelling house outhouses and adjoining land etc. in this my last will and testament which is signed by me and witnessed to by John F Currie and John E. Peters. And I hereby make the following alteration in the sixteenth 16th paragraph of my aforesaid last will and testament, which refers to my property at Black Duck Cove    That said property be divided as follows, between my children Charles, Allan, David Atkinson, Thomas Llewellyn, and Fenwick Rees and my daughter Ann Ellen to share & share alike. Moses to have half a share as aforesaid    Pierce his x mark Currie witness Robert Currie    Signed by the said testator as and for a second Codicil to the last will and testament referred to in the presence of us present at the same time who at his request who at his request in his presence of each other have subscribed our names as witnesses on this 10th day of May 1909    John Leawood     John T Currie

Certified correct,
D. M. Browning
Registrar

(Listed in the margin next to this will the following)
Fiat
Dec 23/09
C.J.
Probate
Jan 5/10
granted to
Moses
Currie
and
John T.
Currie
Estate
sworn at
$2179.70

 

 

Page Contributed by Judy Benson & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)

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