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Will of John Daw
In the name of God Amen. I John Daw of Port de Grave, Conception Bay in the Northern District of the Island of Newfoundland Planter, being weak in body but of sound mind and memory (blessed be God) do, this twenty fifth day of March in the year of our Lord one thousand eight hundred and sixty three make and ordain this my last will and testament in manner following, that is to say, principally and first of all I commend my soul into the hands of Almighty God who gave it me and my body to the earth from whence it came in hopes of a joyful resurrection through the merits of my Lord and Saviour Jesus Christ- and as for the worldly estate wherewith it hath pleased God to bless me, I dispose of as follows I give and bequeath to my beloved wife Mary Daw during the term of her natural life (if she remain a widow) one half of the dwelling house formerly occupied by me in Ship Cove, together with garden in front thereof but if she marries again she forfeits all claim thereto. I give and bequeath the other half of the said house together with the stores flakes & remainder of land possessed by me in Ship Cove to my son Samuel on his coming to the full age of twenty one years; until that period arrives any rents or profits arising therefrom shall go towards the support of my said wife (if she remains a widow to require it) after her decease or forfeiture of claim, the whole of the said house, lands &c. shall belong to my son Samuel aforesaid (whether of age or not) and his male heirs &c. for ever. In the event of my wife aforesaid wishing to return to the house in Ship Cove aforesaid she shall have full power and authority to take with her from our present residence all the household furniture which was in the Ship Cove house formerly belonging to me to have and to hold the same during her lifetime or widowhood after which the said furniture shall and must remain for my son Samuel and his male heirs but if she does not require to remove the said furniture it shall at her decease or marriage belong to my aforesaid son Samuel & his male heirs. I give and bequeath also to my aforesaid son Samuel and his male heirs &c. forever a piece of land measuring twenty feet from east to west, at the west end of my property in Port de Grave, the said land is bounded on the north by main road leading towards Ship Cove, on the west by land belonging to my brother Samuel, on the south by the sea and on the east by land hereinafter bequeathed to my sons Henry and Thomas. I give and bequeath to my three sons Henry, Thomas and Samuel and their male heirs for ever all my right title and interest in and to my portion of the land at Hay House Point bequeathed to me by my late father’s will the said portion of land to be equally divided between them. I give and bequeath to my two sons Henry and Thomas their male heirs &c. the dwelling house now occupied by me in Port de Grave the half of store and wharf &c. together with all lands belonging to me not hereinbefore named my two sons before named to have and hold the same conjointly for themselves their male heirs &c. for ever. But should either of my sons Henry, Thomas or Samuel die without lawful male issue the property herein bequeathed to him shall then be divided between the remaining brothers, their male heirs &c. and should all my sons die without male heirs the whole of the properties herein bequeathed shall then be equally divided among my four daughters or such of them as may be alive to claim the same. It is also my earnest wish and desire that all my right title and interest in and to the Brigantine Orion together with all the fishing boats, seines, nets, and all other fishing utensils whatsoever, shall be appropriated as follows- If my sons deem it advisable and proper to continue to use the said vessel and the fishing utensils they shall and must divide the proceeds of the earnings thereof into three equal parts; my three sons Henry, Thomas and Samuel to have two parts thereof equally divided between them and the other part to be for the maintenance and support of my wife Mary Daw and my three daughters Patience, Sarah and Mary Ann; in the event of my said wife marrying again or of her decease the said third part shall be equally divided between my three sons aforesaid they taking and providing for one sister each, Henry to take Mary Ann, Thomas to take Sarah and Samuel to take Patience and in the event of my said daughters marrying or dying the brother to whose care they are entrusted shall have and enjoy his portion free of any other encumbrance. But should the said vessel be sold or lost the proceeds of the sale or insurance money shall be divided among them in the manner before described about the earnings thereof. If the said vessel is taken from them by the supplying merchants I request and desire that they (my sons aforesaid) shall and must still provide for their sisters as before described and also support their loving mother while she may require it to the best of their ability and power. And I hereby make and ordain my beloved brother Robert Daw and my good friend Mr. John Miller Maddock to be the executors of this my last will and testament, to take care and see the same performed according to my true intent and meaning. John his X mark Daw (LS) Signed sealed published and declared by the said John Daw as and for his last will and testament, in the presence of us who in his presence at his request and in the presence of each other have hereunto set our hands as witnesses, Jno M. Maddock, Samuel Daw.
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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