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Will of Edward Davey
This is the last will and testament of me Edward Davey of St. John’s, Builder. First- I desire that the sum of six hundred pounds now in my name in the Commercial Bank of Newfoundland be invested in Government securities or freehold mortgages and appropriated as hereinafter provided and the interest paid annually until such appropriation to my wife Susan Davey until my youngest son attains the age of twenty one years provided she remains a widow and provides a home for her unmarried sons during that time.
Second- It is my will and desire that on my youngest son Frederick T. Davey attaining the age of twenty one years the said sum of six hundred pounds is to be divided equally between my said wife Susan Davey and my five sons, viz Edward H. Davey, George A. Davey, Charles A. Davey, John Davey and Frederick T. Davey or the survivor or survivors of them and if either or any of my said sons shall have previously died leaving a family then the share of such son is to be paid to her children share and share alike.
Third- All the monies, except the above named sum of six hundred pounds, in my possession or due to me at the time of my decease and all monies to become due thereafter on any contract or work in hand and unfinished at that time to be collected by my executors and from the same to pay all my debts and funeral expenses.
Fifth- I give devise and bequeath to my said wife Susan Davey for the residue of the term of the house I now reside in on Gower Street for her natural life while she remains a widow, the same to be free of rent to her, the ground rent and other charges to be paid out of the income arising from my estate and should the lease of the ground be renewed or extended she is to enjoy the benefit of it during her widowhood-
Sixth- I give to my said wife Susan during her lifetime or widowhood the sum of seventy-five pounds currency per annum payable out of the income of my estate-
Seventh- I give devise and bequeath the residue of the annual interest or rents arising from my property equally to my said sons or the survivor of them and in the event of the death of either of them his share of said annual income is to be paid to his child or children if any the share of such sons as are minors to be held in trust for them by my executors until they become of age.
Eighth- It is my will and desire that on the death or marriage of my said wife Susan Davey if my youngest son shall then have attained the age of twenty one years, my property shall be realized and the proceeds divided equally between my said five sons or the survivor or survivors of them; and in the event of either of them having previously died leaving a family then the share of the deceased son shall be paid to his child or children share and share alike provided that if my said sons agree between themselves to defer the sale and division of my property and estate they may do so the net annual income being in the meantime divided as provided for the principal and should either of my sons marry a Romanist he shall forfeit all claims under this will-
Ninth- It is my will and desire that whichever of my sons continues the business he is to have the use of the workshop and yard by paying a rent of twenty-five pounds currency per annum to my estate for the same- my eldest son Edward H. Davey is to have the first privilege of taking it and then the others according to seniority.
Tenth- I hereby appoint my sons Edward H. Davey and George A. Davey executors of this my last will and testament with permission to charge the estate two pounds ten shillings currency each per annum for managing the same- In witness whereof I have hereunto set my hand at St. John’s in the Island of Newfoundland this twentieth day of December A.D. one thousand eight hundred and eighty three. Edward Davey. Signed published and declared by the said Edward Davey in the presence of us who in his presence at his request and in the presence of each other at one and the same time have hereunto subscribed our names as witnesses the same having first been read over and explained. The words “their and each of their heirs executors and administrators” having been first erased, G.T. Rendell. Augustus 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 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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