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Will of John Eales
This is the last will and testament of me John Eales of Saint John's butcher
Firstly I give devise and bequeath to my daughters Emma Cole and Jessie Eales to their sole and separate use and behoof as tenants in common the fields property situate on Richmond Hill in St. John's also a field on the Topsail Road bought by me of James Fitzgerald together with the rents and profits thereof
Secondly I give devise and bequeath to my son William Eales that piece of land adjoining my present dwelling house on the West with all buildings thereon and the rents and profits thereof subject nevertheless to a charge of one hundred and twenty pounds currency which I make thereon to be paid to my executors hereafter named by the said William Eales within one year from my decease and to be held by my executors upon trust to pay to Emma Cole and Jessie Eales the sum of one hundred pounds to their sole and separate use and to pay the residue of twenty pounds to my daughter Ann Mearns.
Thirdly I give devise and bequeath to my daughters Elizabeth Scott and Sarah Jane Taylor the field near Angels foundry or the new foundry with the rents and profits to have and to hold the same to their sole and separate use and behoof as tenants in common.
Fourthly I give devise and bequeath to my son Samuel Eales the farm on the north side of the Topsail Road with all buildings thereon and all the rents and profits of the same upon trust to pay to my said daughters Emma Cole and Jessie Eales or the survivor of them the sum of forty pounds currency in instalments of four pounds a year for ten years or in any other sum or sums before the expiration of the said period the said property to be security to them for the payment of the said sum or instalments until fully paid and discharged
Fifthly To my son William Henry Eales I give devise and bequeath all my farm lands and houses situate on the Pearl Town Road known as "Green Bank Hill" with all farm utensils thereon and all the rents and profits of the same upon trust to pay to the said Emma Cole and Jessie Eales Forty pounds currency in eight years by instalments of five pounds a year or in any other sums within the said period provided the said land and others shall be security for the payment of the said sum or whatever may remain unpaid until the whole be paid and discharged also to my said son I give devise and bequeath the young colt the Farm horse the Wagon and all farming utensils and I hereby direct and desire that my said son shall not marry a Roman Catholic and I annul and revoke this bequest in event of his doing so.
Sixthly Whereas my son John Eales is indebted to me in the sum of fifty three pounds I hereby release and discharge the said John Eales from the payment thereof and of every part
Seventhly I give devise and bequeath to my said daughters Emma Cole and Jessie Eales or the survivor of them Four cows the small red horse the carriage bought by me from Woodly and the harness. Also all monies in the Bank of which I shall die possessed and the proceeds of all debts due to me also the house in which I am now living together with the household furniture therein and all and singular the chattels thereunto appertaining. It is my will and desire that my said daughters Emma Cole and Jessie Eales should possess occupy and enjoy the parlour and bedroom of Green Bank Hill and the new garden until their death or coverture
Ninthly It is my will that all legacies hereby devised to my daughters should be held by them to their sole and separate use free from the debts or control of their present or any future husbands and that as to any legacies devised to my said daughters Emma Cole and Jessie Eales or the survivor of them either of my said daughters shall have power to sever the jointure and dispose of her share by will or appointment Provided that should any of my said daughters who are legatees under this will desire to dispose of any of the property hereby bequeathed my sons William and Samuel above named shall have the first offer of the purchase thereof if prepared to pay the value of the same as may be reasonably estimated. And I hereby appoint Alexander Taylor of Saint John's and Jeffrey Lash of same place executors of this my last will and testament. Signed sealed published and declared by the said testator as and for his last will and testament in presence of us who in his presence and in presence of each other have hereto subscribed our respective names as witnesses the words "or the survivor of them" on the third line from the bottom of the second page, the words "Henry" on the second page and "any of" on the third page having first been interlined, also the words "and the new garden" on the tenth line of said third page. Dated this eighteenth day of February Anno Domini eight hundred and seventy three,
John Eales. In presence of M. Harvey, Alexr J. W. McNeily
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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