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A Collection of Newfoundland Wills
William Elms Sr.


Will of William Elms Sr.
from Newfoundland will books volume 2 page 142-143 probate year 1853

In re
     William Elms Sr.      deceased.

In the name of God Amen. I William Elms of Bay Roberts in the Island of Newfoundland Planter being at present in sound and disposing mind do hereby make and ordain this as my last will and testament Having already disposed by Bill of sale to my three sons Henry Elms, William Elms and John Elms, all my landed property, I hereby will and ordain that all my remaining personal effects and monies after my decease be disposed of according to the following manner and condition,
First, I do hereby give and bequeath to my wife Frances Elms all the money she now has in keeping for me amounting to fifty pounds or thereabouts for her sole use and benefit after my decease.
Secondly, I do give and bequeath to my four daughters Mabella Snow, Mary Mercer, Ann Case and Patience Beasant their heirs administrators and assigns the sum of five pounds each.
Lastly I do give and bequeath to my three sons Henry Elms, William Elms and John Elms, their heirs administrators and assigns all the residue of my monies personal effects &c. to be equally divided between them share and share alike excepting my two thirds share or interest in the fishing boat which interest or share I devise to be equally divided between my two sons William Elms and John Elms Provided only that these my three sons Henry Elms, William Elms and John Elms do provide for and maintain in a comfortable manner and according to their means as long as she lives after my decease my wife Frances Elms their mother each contributing an equal portion for that purpose.
And I do further by these presents constitute and appoint my friends the Revd Martin Blackmore Episcopal Clergyman and William Seagar Green Esq. J.P. both now residing in Bay Roberts aforesaid my executors and administrators to this my will who as soon as conveniently may be after my decease shall make or cause to be made an Inventory of all my monies and effects for the purpose of disposing of the same in the manner aforesaid that is to say after paying my just debts, funeral and testamentary expenses. And I the said William Elms do hereby revoke and annul all or any former wills and testaments made by me and do declare this to be my last will and testament.
In witness whereof I the said William Elms have here unto set my hand and seal at Bay Roberts aforesaid this twenty second day of July in the year of our Lord one thousand eight hundred and fifty one. William his X mark William Elms Senr (LS)
Signed sealed published and declared by the said testator William Elms as and for his last will and testament in the presence of us who at his request and in the presence of each other have hereunto set and subscribed our names as witnesses, Wm. S. Green, J.P.     John Beasant.     Henry Elms,     John Elms,     William his X mark Elms, Jnr.

Certified correct,
D. M. Browning



Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written 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 AST)

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