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A Collection of Newfoundland Wills
(E)
James Elliott

 

Will of James Elliott from Newfoundland will books volume 5 page 239 to 242 probate year 1888
This will is also recorded on pages 295-297 in this volume. The wills are similar, with only a few minor differences, and the comments of the registrar.

Last Will and Testament of James Elliott
late of St. John's Tinsmith deceased

This is the last will & testament of me James Elliott at present of Saint John's in the island of Newfoundland tinsmith     First- I give and devise and bequeath unto my daughter Mary Anne wife of Charles Thompson that property known as "Craig Miller" now in her possession the said property is situate on the Cock Pit Road and all dwellings and erections on the same free from the control of her present or any future husband she may have. Second, I give devise and bequeath unto my aforesaid daughter that property known as "Sudburry Hall Estate" a portion of which I now occupy situate on Water Street west in the town of Saint John's aforesaid and all dwelling and erections on the same and all profits & rents arising out of the same subject to the following conditions: that out of the rents, issues, and profits arising from or out of the said estate my Executors shall annually pay over to my wife Mary Elliott the sum of three hundred & twenty dollars for her maintenance and support that is to say while my said wife shall remain unmarried and in the event of her marriage or death the said annual sum of three hundred and twenty dollars shall there & and then cease to be paid. In connection with the said property it is my will that during the life of my said wife and the children of my said daughter the said property shall not be mortgaged or sold. Third- I direct that my executors hereinafter mentioned shall sell that field situate near "Torphy's Cross" adjoining the property of Captain Patrick Ryan and invest the proceed of the same in the name of my little grand daughter Agnes Thompson to whom I leave whatever sum shall be realized for the same the said sum and the interest thereon to be paid her when she arrives at the age of twenty one years I desire that out of whatever monies I shall die possessed of and which shall come into the hands of my Executors they shall first pay all my just debts and funeral expenses and the balance shall be paid and distributed by my said executors as follows two hundred dollars to the Reverend John Ryan Parish priest Saint Patricks Parish Saint John's two hundred dollars to Villa Nova Orphanage two hundred dollars to Belvidere Orphanage one hundred dollars for High Mass and Low masses for my soul one hundred dollars towards the Dorcas Society of Saint John's one hundred dollars towards the Saint Vincent de Paul (ladies) Society of Saint John's four hundred dollars to my wife Mary Elliott one thousand dollars to Florence Thompson my grand daughter two hundred dollars to Katie Thompson my grand daughter two hundred dollars to Arthur Thompson my grand son the said sums to he subject to the like provision and invested in the same way (that is the three last sums to my grand children as is provided for in the bequest of my grandchild Agnes.) The balance of monies remaining in the hands of my Executors where the aforesaid sums shall have been paid will be by them paid over to my daughter Mary Ann Thompson. Fourth- I give and bequeath unto my wife Mary Elliott all the furniture in the swelling house in which I now reside for her use during her life and at her death the same shall go to my daughter Mary Anne Thompson and it is my express wish that during her use of the same she shall not dispose of any of it. All other property whether cows horses or farm stock shall be sold by my executors and the proceeds shall form portions of my monies already referred to Sixth- I give and bequeath unto my son-in-law Charles Thompson my watch and a set of new carriage harness also my watch guard I refer to the gold one. I nominate and appoint Charles Thompson my son in law and William Barnes merchant Executors of this my will. In witness where of I have hereunto subscribed my name by affixing my mark at Saint John's aforesaid this twenty third day of June A D One thousand eight hundred and eighty eight- James X (his mark) Elliott- Signed by the said testator by affixing his mark as 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 subscribed our names as witnesses (the same having been first read over and explained to the said testator) E.P. Morris    C.R. Thomson

CODICIL

This is the codicil to the last will and testament of me James Ellicot of Saint John's in the island of Newfoundland tinsmith which will bears date the 23 day of June AD 1888.
I wish it to be understood that in the event my wife marrying again she shall by that act forfeit all claims to the use of the furniture left her in my said will and the same shall revert to my daughter Mary Anne Thompson on the date of the said marriage. In testimony where of I have hereunto subscribed my name by affixing my mark at St. John's aforesaid this 27th day of June A.D. 1888. James X (his mark) Elliott. Signed by the said testator by affixing his mark as and for a codicil to 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 subscribed our names as witness, the same having been first read over and explained to the testator E.P. Morris     Wm John Barnes     C.R. Thomson

Correct Copy
D.M. Browning
Registrar

 

 

Page Contributed by Joanne Connors Parandjuk & Judy Benson

Page Revised by Ivy F. Benoit (Monday July 08, 2013)

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