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Will of William Daw Senior
The last will and testament of William Daw of Ship Cove Port de Grave in the Island of Newfoundland Planter I give and bequeath to my son Nathanael Daw all that piece of land on which his house is built and which he now possesses as marked out to him for his lifetime and should his wife survive him it shall be left her for her support while she lives unless she should marry another man if so she shall leave all said property At her marriage or at her decease should the said Nathanael Daw my son have no son It the said property shall belong to William Daw my grandson eldest son of my son Zacharias Daw I also give to my son the said Nathanael Daw an equal share with his brothers of all back gardens if he will assist in keeping up the fences of same said gardens back of the hills I also give to my son the said Nathanael Daw an equal share with his brothers in the use of my store stage and flakes while he the said Nathanael Daw will assist in keeping the same in repair should he refuse to do so he shall have no farther claim on said store stage or flakes but if required he shall build on his own land as before pointed out to him. I give and bequeath to my son William Daw all that piece of land on which his house is built and which he is now in possession of to be his of his lifetime but after his decease it shall belong to my grandson Zacharias Daw son the said William Daw my son I also give to my son William Daw an equal share of all my back gardens but he must do his equal part in keeping up the fences of the said gardens at the back of the hills I also give to my son William Daw an equal share with his brothers in the use of my store stage & flakes while he the said William Daw will assist in keeping the same in repair Should he refuse to do so he shall have no farther claim on said store stage or flakes
I give and bequeath to my three sons Zacharias Daw Henry Daw & Isaac Daw to be equally divided between them all that piece of land on which stands my dwelling house and the house of my son Zacharias (the garden known as Damson Tree Garden excepted which I reserve for the use of my widow) to my son Zacharias I give that part on which his house stands to my son Henry I give my dwelling house but my widow is to have the eastern end containing parlour downstairs & bedroom over it and storeroom on the garret if required for her life time after her decease it shall belong to my son Henry Daw My son Isaac Daw shall build his house at the western end of my said dwelling house and shall have his portion of land in front and back of the same but should there not be an equal share for him clear of my dwelling house he shall not claim any part or portion of said house but shall have the deficiency made up to him on another part of the land where my executors shall think proper to give him. I also give to my three sons aforesaid an equal share with their brothers in all my back gardens provided each will do his part in keeping up the fences of the same said gardens back of the Hills. I also give to my three sons Zacharias Daw Henry Daw & Isaac Daw each an equal share in the use of store stage & flakes with their brothers Nathanael Daw & William Daw as aforesaid but my three sons as aforesaid shall each do their part in keeping the same in repair either of the said three refusing to do so shall have no further claim on either store stage or flakes-
I give and bequeath to my widow Frances Daw for her support all that piece of land which I bought of Mr. Pinsent including dwelling house & shop with the use of part of the store if required for her lifetime the said dwelling house now held on leasehold by James Keeping with all the land from the public road to the back of the same said property that I purchased from Mr. Pinsent. My widow if driven to any extremity during her lifetime shall make the same known to my executors and if no other relief can be obtained she shall be at full liberty to sell the same said property to relieve her. But if not driven to any extremity she shall be at liberty to give to any or either of my sons or grandsons the above stated house and land But to none else I also give to my widow for her use for her lifetime that garden known by the name of the Damson Tree Garden After the decease of the said Frances Daw my widow the same Damson Tree Garden shall belong to my son Henry Daw before named. I also give and bequeath to my widow to do as she pleaseth with all furniture put in my dwelling house by herself All else in it shall belong to my son Henry after my widow’s decease. I also give to my widow for her support all old twines and old rope with a chain which she shall have full liberty to sell at any time that may be advantageous to her. All my casks I leave for the use of my sons. I do hereby appoint and authorize John Daw and John Andrews as my two executors and do endow them with full authority to execute this my last will and testament and do sign the same in the presence of these my witnesses. William his X mark Daw. This the 28th day of February in the year of our Lord 1862, Edward Killigrew, Joseph 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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