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Will of Joshua Curtice
In the name of God Amen. I Joshua curtice of Brigus in the Island of Newfoundland, Planter, being of sound mind memory and understanding but considering the uncertainty of human life do make this my last will and testament in manner following that is to say: I give devise and bequeath unto my three sons John William and Isaaiah their executors administrators and assigns in equal parts or proportions all and every my messuages lands and tenements whether in fee simple or terms of years situate at Brigus aforesaid or near thereto with appurtenances: the share or part of either of them dying without leaving a widow or lawful issue to revert to the survivors or survivor as the case may be.
I give and bequeath all my sixty four sixty fourth shares in the Brigantine Jane of which ship or vessel I am sole owner together with all and singular her boats oars tackle anchors furniture and appurtenances to my two sons John and William aforesaid share and share alike
I give and bequeath to my said son Isaaiah the sum of one thousand and ninety one pounds four shillings and eight pence currency lodged by me separate from my current account with Messieurs Job Brothers and Company of St. John’s being principal sum and interest thereon for this year and bearing annual interest at three per centum and I direct that the said sum shall remain with the said Messieurs Job Brothers and Company at the discretion of my executor hereinafter named and without any liability on his part until my said son shall attain the age of twenty one years when the balance of said principal sum together with accruing interest (if any) shall be paid him. And in the meantime or for so long a time as the same may be required the interest arising from such sum shall be appropriated by my said executor towards the maintenance education and support of my said son with full authority and power for my said executor to draw and appropriate from time to time so much of the principal sum as shall be necessary for the purposes should the said interest money not be sufficient therefor or for expenses incidental thereto. And further it is my desire and I hereby direct hat my said son shall be educated at some school or seminary in England in such place, at and for such time, and under such directions as my said executor shall appoint and give who shall also be guardian of my said son and have his custody and tuition. Provided that should my said son die before attaining the age of twenty one years the balance then due of said principal and interest after deducting all expenses incurred on account of my said son Isaaiah shall be paid in equal shares to my said sons John and William or the whole to the survivor in the event of the death of either and the third part or share of my said son Isaaiah in the lands and tenements first above devised shall in the event of his death before attaining the age of twenty one years revert in like manner to his said brothers or the survivor of them or to the lawful issue of either before then dying with such survivor
I give and bequeath to my daughter Susannah wife of John Wilcox the sum of fifty pounds currency for her sole and separate use exclusive of her said husband and exonerated from his obligation I give and bequeath to my daughter Ann the sum of one hundred pounds currency I give and bequeath to my daughter Elizabeth the sum of one hundred pounds on her attaining the age of twenty one years but should she die before then and not leave lawful issue or should my aforesaid daughter Ann die before me and not leave lawful issue the legacy hereby bequeathed to either shall in any such event be divided between the survivors and the aforesaid Susannah Wilcox and if only one of them survive the whole to her:
I give and bequeath the sum of twenty five pounds currency to my brother Thomas Curtice in trust for the benefit of his children and not to be subject to his debts and obligations and as to all the rest and residue of my personal estate monies and effects whatsoever which shall remain after payment of my debts funeral and testamentary expenses and the aforesaid pecuniary and specific legacies I give and bequeath the same to my two sons John and William aforesaid share and share alike but should either die before me then the whole of such residue to the survivor or if either of them die after me and before a division thereof and without leaving lawful issue then in that case to the survivor also: as shall also be the case as respects the share of either in the Brigantine Jane aforesaid-
And it is also my further will and pleasure and I hereby direct that my aforesaid daughters Elizabeth and Ann shall have full permission to reside in my present dwelling house at Brigus without disturbance while they respectively remain unmarried- And lastly I hereby nominate and appoint Stephen Rendell Esquire sole executor of this my last will and testament with power to reimburse himself for all costs charges and expenses which may be incurred by him whether in the employment of an agent which he is hereby authorized to do or otherwise howsoever in the execution of and carrying out of this my last will and testament. And I hereby revoke all former wills by me at any time made and do hereby declare these presents to be and contain my last will and testament. In witness whereof I the said Joshua Curtice have hereunto set my seal and subscribed my name at St. John’s Newfoundland this twenty second day of November Anno Domini 1855.
Joshua his X mark Curtice (LS) Signed sealed published and declared by the testator Joshua Curtice as his last will and testament who in his presence and the presence of each other have hereunto subscribed our names as witnesses, George Rowland, Thos. R. Job.
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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