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Will of Samuel Daw
In the name of God Amen. I Samuel Daw son of the late John Daw of Port de Grave in Conception Bay in the Northern District of the Island of Newfoundland, Planter, being of perfect mind and memory (blessed be God) but calling to mind the mortality of the body knowing that it is appointed unto all men once to die do make and ordain this my last will and testament in manner following principally and first of all I commend my soul into the hand of Almighty God who gave it me; and my body I commend to the dust out of which it was taken to be buried with decent Christian burial in hopes of a joyful resurrection at the last day through the merits of our Lord and Saviour Jesus Christ. And as touching such worldly estate as it has pleased God to bless me with I give demise and bequeath the same as follows. First I give and bequeath to my beloved son John and his heirs for ever all and singular the land he at present occupies the same being bounded on the east by land belonging to my brother Nicholas; on the west by land hereinafter bequeathed to my son Robert together with the dwelling house and all erections thereon and all appurtenances thereto belonging. I give and bequeath to my beloved son Robert and his heirs for ever all and singular the land now in his possession bounded on the east by land hereinbefore bequeathed to my son John and on the west by the road leading to the church; together with the dwelling house and all erections thereon and all appurtenances thereto belonging. I give and bequeath to my beloved son Samuel and his heirs forever all and singular the land he now occupies conjointly with me together with all my right title and interest in and to the dwelling house now occupied by us together with all goods chattels &c. in the house on the premises or belonging thereto all erections appurtenances &c. thereto belonging being included. I give and bequeath also to my beloved son Samuel & his heirs for ever all my right title and interest in and to the Brig Brisk and all her materials together with all my right title and interest in and to the business &c. now carried on by me and him under the firm of Samuel Daw and Son, on the following conditions, viz. that he the said Samuel Daw shall pay or cause to be paid unto Patience Daw daughter of my late son Charles, the sum of fifty pounds current money of this Island when she comes of age (twenty one years) the said sum of fifty pounds being in lieu of any claim she or any other person claiming on behalf of my deceased son Charles may be supposed to have on any portion of the afore named property and should it please God to take me to himself before she (the said Patience Daw) shall attain the age of twenty one years my son Samuel aforesaid or his heirs shall provide for her good and sufficient board lodging clothing &c. until she be married- And at my decease he the said Samuel Daw (my son) or his heirs shall pay or cause to be paid unto my daughters Susan Stephens and Mary Taylor the sum of one pound cy each.
The fishing stage store and landing place lying between my son Robert’s flake and John Daw (of William’s) ground together with one half of the fishing stage now in the occupancy of my brother Nicholas Daw I give and bequeath to the joint use of my three sons John, Robert & Samuel and their heirs for ever. The land & gardens in the rear of the Church shall be equally divided between my three sons aforesaid and their heirs for ever. Also the land now in my possession and held by me under a Grant from Government situated on the south side of Southern Gut shall be equally divided between my three sons aforesaid and their heirs for ever. And I do hereby constitute appoint and ordain my two friends Mr. John M. Maddock Schoolmaster & my son Samuel to be my sole executors to this my last will and testament with full power and authority to transact arrange & settle all my affairs according to my true intent and meaning herein declared. And I do hereby utterly disallow, revoke & disannul all and every will or testament in any ways executed by me ratifying and confirming this to be my last will and testament. In witness whereof I have hereunto set my hand and seal at Port de Grave this twenty second day of August in the year of our Lord one thousand eight hundred and sixty two. Samuel his X mark Daw (LS) Signed sealed published and declared by the said Samuel daw as 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 names as witnesses, Jno. M. Maddock, Henry 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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