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Will of Dinah Elliott
In the name of God Amen. I Dinah Elliott of
Saint John’s in the Island of Newfoundland Widow, being of sound disposing
mind memory and understanding do hereby make this my last will and testament
in manner and form following that is to say- I give and
bequeath to my executor and executrix hereinafter named all my freehold property
(held by me in fee simple) consisting of houses lands tenements and hereditaments
situate in this town namely a certain farm and plantation with the appurtenances
situate lying and being on the Western side of a certain lane commonly called “Carter’s
Lane” at present in the occupancy
of one Denis Nowlan and comprised in a certain Indenture of
lease from my late husband George Elliott to one Luke
Maddock also a certain dwelling house and
plantation situate upon the eastern side of the said lane at present in the
occupancy of Peter Carter Esquire and comprised in the said
Indenture of lease Also that dwelling house and land adjoining
situate on the western side of the Kings Road under lease from me to one John
Neill and that
certain farm or plantation situate at or near Flower Hill leased by me to one
John Shallow and at present in the occupancy of one Matthew
Stewart Esquire Upon Trust to pay and hand over to my daughters Diana
Elliott and Matilda Elliott all the rents issues
and profits after deducting expenses (if any) incident to the collection of
the same, which may arise from time to time from the above mentioned lands
tenements and premises in equal proportions share and share alike: Provided
nevertheless that should my said daughter Matilda marry then
and in such case the said lands tenements and premises to be apportioned and
allotted to my several daughters as follows- That my said daughter Diana shall
receive and take possession of as her portion or share of my estate all that
messuage dwelling house and plantation (above mentioned and referred to) situate
on the western side of Carters
And lastly I give and bequeath all my money household goods and furniture which I may die possessed of to my said daughters Diana and Matilda conjointly and to and for their sole use and benefit provided that should either of them marry or separate then the same to be equally divided share and share alike and if either of them should die prior to such event then the same to revert and be the property of the other- And I hereby nominate constitute and appoint my said daughter Matilda executrix and James Simms Junr Esquire executor of this my last will and testament and hereby absolutely revoking all other will or wills by me heretofore made, I declare this to be my only true last will and testament to which I have affixed my hand and seal at Saint John’s in the Island of Newfoundland this twenty ninth day of July in the year of our Lord one thousand eight hundred and fifty one. D. Elliott (LS) Signed sealed published and declared by the said testatrix as and for her last will and testament in the presence of us who in her presence at her request and in the presence of each other have hereunto subscribed our names as witnesses the word Stewart in the third page Thomas F. H. Bridge, James Simms, Junr. Notary Public, Newfdland.
By this codicil to my will I the above named Dinah Elliott do direct that the house I now live in which is not included in the foregoing disposition and also the share of my said estate therein given to my now deceased daughter Diana shall go to and vest in my said daughter Matilda for her life and after her decease to my daughters Mrs. Prowse and Mrs. Stewart for their lives, and the life of the survivor and after the decease of such survivor to the use of my granddaughter Anne Amelia Stewart her heirs and assigns for ever. Dated at St. John’s March 5th 1859. D. Elliott. Witness, N.W. Hoyles.
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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