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A Collection of Newfoundland Wills
(D)
Ellen Davis

 

Will of Ellen Davis
from Newfoundland will books volume 4 pages 402-403 probate year 1885

In re
      Ellen Davis deceased.

In the name of God Amen     I Ellen Davis of Saint John’s in the Island of Newfoundland Widow do make publish and declare this paper writing to be my last will and testament and I hereby annul all former wills by me made or executed-    First I give devise and bequeath unto my daughter Ellen Davis free from the debts and control of any husband she may have the house situate on the Kings Road occupied by Mrs. Malone and Luke Martin for her sole use and benefit I also give devise and bequeath unto my said daughter Ellen Davis free from the debts and control of any husband she may have the house situate on Kings Road occupied by Dregan and Ryan for her sole use and benefit.    I also give devise and bequeath unto my said daughter Ellen Davis the house situate on Kings Road occupied by William Waddleton and Richard Walsh for her sole use and benefit free from the debts or control of any husband she may have.    I also give devise and bequeath unto my said daughter Ellen Davis one bed and bed clothing, my iron bedstead, my cooking stove, one clock, the two pictures in my bedroom and the two large pictures in the kitchen and all other household furniture of every description I may be possessed of save and except what is hereinafter named and bequeathed.    The foregoing bequests are made to my said daughter Ellen Davis upon the express condition that she pays yearly and every year unto my grandchildren Ellen Davis and Mary Joseph Davis children of my son Patrick Davis the clear year sum of twelve dollars each during the time she my said daughter Ellen Davis holds and occupys the property hereinbefore bequeathed to her or during the life time of my said grandchildren. Ellen Davis and Mary Joseph Davis.
I give devise and bequeath unto my daughter Mary Davis the house situate on Kings Road occupied by Ivany and Mrs. Marshall and also the small piece of land adjoining the same free from the debts and control of any husband she may have for her sole use and benefit    I also give devise and bequeath unto my said daughter Mary Davis the house on Kings Road occupied by Kenna and Mrs. Garrett free from the debts and control of any husband she may have for her sole use and benefit    I also give devise and bequeath unto my said daughter Mary my own bed and bedding
I give devise and bequeath unto my son William Davis the house situate on Kings Road occupied by my said son William Davis and James Whealan and after his death I give devise and bequeath the said house to my grandchildren Ellen and Mary Davis children of my said son William Davis share and share alike for their sole use and benefit.    It is my will and express desire that no part of the property bequeathed under this my last will and testament be sold or mortgaged
I give devise and bequeath all other property that I may be possessed of at the time of my death (except as is hereinbefore bequeathed and except six chairs which I hereby bequeath to my said daughter Ellen Davis) unto my daughter Ellen Davis and Mary Davis share and share alike for their sole use and benefit
Lastly I hereby nominate and appoint David Sullivan Pilot of Her Majesty’s Ships and Peter Wall executors of this my last will and testament    In witness whereof I have hereunto my hand (by affixing my mark) and seal subscribed and set at Saint John’s aforesaid this 26th day of August A.D. 1885, Ellen her X mark Davis (LS)     Signed (by affixing her mark) sealed published and declared by the said Ellen Davis as and for her last will and testament in presence of us and each of us who have hereto at the request of the said Ellen Davis in her presence and in presence of each other subscribed our names as witnesses the words (for her sole use and benefit free from the debts or control of any husband she may have” being first interlined (being first read over and explained) the words “I also give devise and bequeath unto my said daughter Ellen Davis” having been first lined through on first page, M.J. O’Mara, Robert Graham.

Certified correct,
D. M. Browning
Registrar

 

 

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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