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A Collection of Newfoundland Wills
(D)
Henry John Duder

 

Will of Henry John Duder from Newfoundland will books volume 5 pages 287-291 probate year 1888.
This will is also recorded on pages 181-185 in this volume. The wills are similar, with only a few minor differences, and the comments of the registrar.
They left out John in the heading of this will, called him a butcher in the other will and a victualer in this one, the second item in the second section is not the same as the other version, and again the registrars comments

Last will and Testament of
Henry Duder of St. John's Victualler
Deceased
-

This is the last will and Testament of me Henry John Duder of St. John's in the Island of Newfoundland Victualler revoking any will or wills by me heretofore made.

Imprimis I will devise and bequeath to my executors hereinafter named all the estate lands homes money goods debts effects stock debentures or securities of what nature or kind soever of which I may die possessed and of which before my decease I shall not have made disposition or which I may be entitled to upon the trusts hereinafter contained and set forth.

1st. For my executors to pay all my just debts and funeral and testamentary expenses.

2nd. To collect all debts due to me and to realize so much of my property as does not subsist in land or other good investments and to invest the proceeds of such collection and realization in some good and substantial security and securities.

3rd. To permit and suffer my beloved wife Jane Sophia Duder to use occupy and enjoy all my household furniture and effects landed property and the rents issues and profits thereof during the term of her natural life and without impeachment of waste.

4th. To pay to my said wife in equal half yearly payments during the term of her natural life all the interest rents issues and profits arising from the residue of my estate invested as aforesaid.

Secundo. Upon the decease of my said wife I will devise and ordain the following dispositions and distribution of my estate goods debts and effects:

1st.. The interest in my dwelling house and premises on Water Street in St. John's I give devise and bequeath to my children Thomas Congdon Duder William Henry Duder Charles Robert Duder Emma McPherson Mary Anne LeMessurier and Jane Sophia Harvey and the survivor and survivors of them share and share alike as tenants in common and not as joint tenants.

2nd. I give devise and bequeath to my daughters Emma McPherson Mary Anne LeMessurier and Jane Sophia Harvey that portion of the farm situate on the Old Portugal Cove Road and lying to the south of land purchased by my son Thomas Congdon Duder from me (in the year Eighteen hundred and eighty five) being bounded on the north and west by said land sold to Thomas Congdon Duder south by land of one Stafford and east by said Old Portugal Cove Road the same to be divided amongst them in equal shares.

3rd. I give devise and bequeath to my son Charles Robert Duder that portion of the farm lying immediately to the north of and adjoining land sold to my son Thomas Congdon Duder (including farm house and old barn) having a frontage on Old Portugal Cove Road of not less that two hundred feet from northern boundary of land sold to Thomas Congdon Duder but extending so far north as to take in water tank and trough now in farm yard and extending in the rear until it meets Rennies River.

4th. I give devise and bequeath to my son William Henry Duder that portion of the farm lying between portion already bequeathed to my son Charles Robert Duder and land occupied at present by one Walsh having a rearage from Old Portugal Cove Road of six hundred feet.

5th. I give devise and bequeath to my sons Thomas Congdon Duder William Henry Duder and Charles Robert Duder the balance or remainder of the farm being land to the west of portion bequeathed to my son William Henry Duder and commonly called the marsh as tenants in common on condition that they pay to my son George William Duder (should he survive me and my beloved wife Jane Sophia Duder) the sum of eight hundred dollars as his full and complete share and interest in my estate he having already received advancement from me and should my said sons Thomas Congdon Duder William Henry Duder and Charles Robert Duder fail to pay my son George William Duder the sum of eight hundred dollars as above then I direct my executors to sell and dispose of the said balance or remainder of my farm by Public auction or private sale or sales and should the proceeds of such sale or sales exceed the sum of eight hundred dollars then to pay to my son George William Duder the said sum of eight hundred dollars and to divide the balance if any between my sons Thomas Congdon Duder William Henry Duder and Charles Robert Duder share and share alike but should the proceeds of such sale or sales not amount to eight hundred dollars then to pay the sum so realized by such sale or sales whatever it may be to my son George William Duder as his full and complete share and interest in my estate.

6th. I give devise and bequeath to my sons Thomas Congdon Duder William Henry Duder and Charles Robert Duder one moiety or half share of land situate near the Rope Walk near St. John's as tenants in common and not as joint tenants. I give devise and bequeath to my son Charles Robert Duder one third undivided part or share of the remaining moiety or half share of said land situate near the Rope Walk and the remaining two thirds undivided parts or shares of the said remaining moiety or half share of said land situate near the Rope Walk I declare is the property of my son Charles Robert Duder he having purchased the same from me and paid me is entitled to the same and to a conveyance thereof should he desire it.

7th. I give devise and bequeath to my son Thomas Congdon Duder one moiety or half share of certain land situate near Waterford Bridge in St. John's aforesaid and formerly in possession of one Reilly and I declare that the remaining moiety or half share has been purchased from me by my son Thomas Congdon Duder for which he has paid me.

8th. All the rest residue and remainder of my estate to be realized if need be by my executors and converted into cash I give devise and bequeath to my said children Thomas Congdon Duder William Henry Duder Charles Robert Duder Emma McPherson Mary Ann LeMessurier and Jane Sophia Harvey share and share alike

9. All bequests to my above named daughters to be to their sole and separate use and free and independent of the debts liability or control of any husband they now have or may hereafter have.

10. It is my will and direction that should my executors deem it advisable at the time of my decease to carry on the business for a year or less to work off all stock which may be then on hand they shall be at liberty so to do.

Tertio. I appoint my beloved wife Jane Sophia Duder, my son Thomas Congdon Duder and my son-in-law Campbell McPherson to be the joint executors of this my last will and Testament - Henry J. Duder - Signed by the said Testator Henry John Duder as and for his last will and Testament in the presence of us present at the same time who at his request in his sight and presence and in the presence of each other have subscribed our names as attesting witnesses this fourth day of January A.D. eighteen hundred and eighty seven.
George LeMessurier & William Campbell.
Dated 20th February 1888
I hereby certify that the foregoing is a correct copy of the last will and testament of Henry J. Duder
D.M. Browning

Chief Clerk & Registrar

 

 

Page Contributed by Judy Benson & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Saturday June 29, 2013)

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