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Will of Samuel Daw
In the name of God Amen. I Samuel Daw of Bay Roberts, Conception Bay in the Island of Newfoundland, Master Mariner being weak in body but of sound mind and memory (blessed be God) do, this second day of July in the year of our Lord one thousand eight hundred and seventy two make and ordain this my last will and testament in manner following, Principally & 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 that worldly estate wherewith it hath pleased God to bless me I dispose of as follows - I give and bequeath to my beloved wife Fanny Daw, during her natural life (if she remains a widow but if she marries again she forfeits all claims whatever) full power and authority over all and every part and parcel of my property &c. (save and except what is otherwise herein specially disposed of) the same to be used and worked for the benefit and support of herself and all my children, to the best of her judgment and ability, and by and with the advice and consent of my executors to be hereafter nominated- and in the even of any of my sons filling my situation in the management or working of the said property or properties including vessel &c. &c. they are to be paid a fair proportion of wages for the same according to the station they may fill, the said rate of wages to be decided by my executors. The shop &c. in Bay Roberts now let to Mr. Geo. Elmsly of St. John’s I wish to be continually let (if possible) and the proceeds thereof to go, the general fund for the support of my said wife and children there being sufficient room for the business done, or to be done, by my family without interfering with the said shop and that part of the store now in the occupancy of the said Mr. Geo. Elmsly.
The dwelling house and garden belonging to me in Port de Grave which is now occupied by Mr. Robt Hampton I wish and desire shall be sold for the benefit of my said wife and children as soon as convenient after lawful notice shall have been given to the present occupier or tenant. I also wish and desire that my executors shall and will at such times as they deem advisable (if required for the support of my said wife & family) dispose of or sell whatever other land and property was purchased or erected by me in Port de Grave, the proceeds thereof to go for the above purpose named. The materials forming the dwelling house belonging to me and which I formerly occupied in Port de Grave I give and bequeath to my two eldest sons John Charles and Henry George with the express desire that they shall cause the said materials to be removed to Bay Roberts and there to have a dwelling house or houses erected on the east part of the land now occupied by me, the said house or houses to be in direct line with the one I now occupy. The furniture beds &c. now in my possession shall and must remain for the use of all my family until such time as the general distribution of the rest of the property be made equally as hereafter declared reserving for my beloved wife the power to select for herself a bed & other furniture sufficient for one room expressly for her own private use which furniture &c. after her decease shall be equally divided among my surviving daughters- and the dwelling house I now occupy and possess hall then become the joint property of my three youngest sons Samuel, Robert & Albert, or such of them as may be living at the time-
My two eldest sons having been provided with a watch each I now give and bequeath to my son Samuel the watch I now use- and to my son Robert the watch formerly belonging to my late father known as grandfather’s watch- the said watches to be kept for them by their mother until such time as she and my executors shall think proper to give them possession thereof-
The amount which will become due at my decease form the Union Mutual Life Assurance Company of Boston whereof Mr. W. H. Thompson of Harbor Grace is the agent shall be placed by my executors in the Union Bank at St. John’s for and in behalf of my said wife and daughters of which sum twenty five pounds shall be given to my eldest daughter Sarah Ann on her marriage, and the rest or remainder shall remain in the said Bank (unless my executors shall find it really necessary to draw the same or any portion of it for the support of my wife and daughters) until such time as my said daughters are eighter married or otherwise provided for when the balance shall be equally divided among them-
I will and devise that after the death of my said beloved wife (or in the event of her marrying again) the Brigantine Rescue with all her materials thereto belonging including boats, lines &c. or their value at the time together with all the rest of the landed property possessed by me wheresoever it may be situated, shall be equally divided among my five sons, their heirs, executors &c. and in the event of either of them dying without heirs before that time the said property or properties shall be equally divided among the surviving brothers and their heirs &c. and I hereby will and devise that in the event of either of my sons being dissatisfied with these my express arrangements, and withdrawing from the rest of the family, he or they shall forfeit all claim to or on any and every portion of my aforenamed property or properties, lands, or erections, until all my sons (if living) shall have attained the full age of twenty-one years. And I hereby made and ordain my friends the Revd Wm. C. Shears of Bay Roberts and Mr. John M. Maddock of Port de Grave 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- And I do hereby utterly disallow, revoke and disannul all and every other former testaments, wills, legacies or bequests by me in any ways before named, willed and bequeathed ratifying and confirming this and no other to be my last will and testament- In witness whereof I have hereunto set my hand and seal the day and year above written,
Samuel Daw (LS) Signed, sealed, published and declared by the said Samuel 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 to the due execution thereof- Jno. M. Maddock, Charles Dawe.
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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