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Will of Edward Feild
This is the last will and testament of me Edward Feild D.D. Bishop of Newfoundland made in exercise of the power contained in my marriage settlement and all other powers if any enabling me in this behalf I give and bequeath all my plate linen china glass books pictures prints wines liquors furniture and other household effects whatsoever to my dear wife Sophia absolutely subject thereto I give devise and bequeath all my real and personal estate of what nature or kind soever and whatsoever situate in England over which I may at the time of my decease have any disposing power (except much part thereof respectively as at the time of my decease may be vested in me upon any trusts or by way of mortgage) to my trustee and executor hereinafter named his heirs executors administrators and assigns according to the respective natures and qualities thereof upon the trusts hereafter declared that is to say upon trust by and with the direction or consent and approbation of my said wife if she shall survive me otherwise at his or their own discretion either to allow the same to remain in their present condition or to sell and convert into money all or any part of my said real estate and such part of my personal estate as shall consist of leasehold lands or tenements either by public auction or private contract with power to insert any special or other stipulations in any contract or conditions of sale as to title or otherwise as he or they may think proper and to call in and convert into money the remainder of my personal estate and upon trust by and out of the monies to arise from such sale calling in and conversion and out of the money of which I shall be possessed at my death to pay my debts funeral and testamentary expenses and invest the residue of the said monies respectively in any of the parliamentary stocks or public funds of Great Britain or at interest on real securities in England with power to vary such investments for others of a like nature
And upon trust by and out of the annual proceeds of the said trust estate (whether converted realised and invested as aforesaid or not) during the minority of Francis George Pattrick and Arthur Henry St. Pattrick hereinafter named to pay the sum of one hundred pounds annually by equal quarterly payments to my sister Elizabeth Pattrick at present residing at Bridgnorth in the County of Salop in England widow during her natural life but upon the trusts and purposes hereinafter mentioned And in case she should die during the minority of either of them the said Francis George Pattrick and Arthur Henry St. Pattrick to pay the same to my eldest surviving niece the daughter of the said Elizabeth Pattrick Upon trust and for the maintenance and education of the two youngest sons of my late nephew Charles George Henry St. Pattrick namely Francis George Pattrick and Arthur Henry St. Pattrick during their respective minorities in case they shall respectively so long live but in case of the death of either of them before attaining twenty one years the payment of his share of fifty pounds per annum to cease as from the day of his decease And upon trust to pay the rest residue and remainder of the said annual produce unto or permit the same to be received by my said wife during the term of her natural life for her own use and benefit and from and after the decease of my said wife I give devise and bequeath all my said real and personal estate to such of my unmarried nieces the daughters of the said Elizabeth Pattrick as shall be living at the time of my decease their heirs executors administrators and assigns respectively equally between them as tenants in common for their own absolute use and benefit subject nevertheless to the payment thereout if the said two several annual sums of fifty pounds each for the benefit of the said Francis George Pattrick and Arthur Henry St. Pattrick during their respective minorities if they shall respectively so long live and as to estates vested in me solely upon any trust or by way of mortgage the same are to be held by my said trustee subject to the equities affecting the same
I appoint the Revd George Dacres Adams of east Budleigh Devonshire Trustee and executor of this my will and I declare that the power of appointing a new Trustee or Trustees of this my will shall belong to my wife during her life and hereby revoking all former wills I declare this to be my last In witness whereof I have to this my last will and testament subscribed and set my hand this eleventh day of May one thousand eight hundred and sixty seven-
Edward Newfoundland- Signed and acknowledged by the said testator Edward Feild as and for his last will and testament in writing in the presence of us who in his presence at his request and in the presence of each other all being present together at the same time have hereunto subscribed our names as witnesses- Cecell Wray of Liverpool Clerk in Orders- A.P. Moor Clerk 180 Netherfield Rd Liverpool.
Bermuda 1876 This is and is to taken as and for a codicil to the last will and testament of me Edward Feild Bishop of Newfoundland and which will and testament is at present in the hands and keeping of George Clarke Esqr Solicitor of Worcester to wit
First I desire that the hundred pounds (£100) I have lent to my sister Mrs- Pattrick may be divided between her four daughters my nieces in equal shares that is to say twenty five pounds (£25) to each at her convenience my wife having signified her consent-
2, I desire my wife having already given her consent that the one hundred pounds (£100) I have lent to my nephew Reginald L. Pattrick may be divided equally between himself and his brother Beaufoy he Reginald Pattrick paying immediately fifty pounds to his brother and keeping the other half (vizt £50) to and for himself-
3, I desire my dear wife having given her consent that the sum of not more than forty (£40) £ may be distributed and divided yearly and every year to and for ye benefit of my four grandnephews for as long a time and in such proportions as my said dear wife shall appoint or sanction the capital sum (£40) remaining always in her hands and liable to be diminished or totally withdrawn at her discretion and only to continue in full distribution five years from ye date of my death- Signed sealed & delivered as & for a codicil to his last will & testament by the within named Edward Feild on the third day of March in the year of our Lord 1876 in the presence of us ye undersigned who in his presence and ye presence of each other have hereunto set our hands & seals (ye word) February having been previously altered to March-
Edward Newfoundland (LS) Witnesses, Cecil P. Wilson Clerk (LS)- Mary L. Crowdy (LS)
See Codicil p. 501.
This is intended and shall be taken as a codicil to the last will and testament of me Edward Feild, Bishop of Newfoundland, now in possession of George Clarke Esquire, Solicitor, of Worcester, England, which will and testament I hereby ratify and confirm. I give and bequeath to the Diocesan Synod of Newfoundland the properties and estates hereinafter named in Trust for the use or purpose specified in each case
1. The site of the Theological College with the buildings erected thereon in trust for the purpose of lodging and boarding young men to be educated and trained for the Ministry of the Church of England in Newfoundland
2. The land to the south of and adjoining to the above-named property with ye houses and tenements thereon constituting a property commonly called or known as “the Brewery” in trust to apply the rents and profits to the support of the Theological College aforesaid.
3. The field between the Church of England Cemetery and the Penitentiary, formerly belonging to Nicholas Harris in trust to apply the rent and profit to the use of the said Cemetery.
4. The site of the Ladies School with the dwelling house commonly called or known as Jersey Lodge with the land, cottage and tenements apprising and constituting for a Ladies School and for the residence of the Mistress or Mistresses and Boarders
5. A field to the east of and adjoining to the above-named property and between the same and the land running from North to South, in trust to apply the rents & profits to the repairs of Jersey Lodge and the outbuildings and fences as required.
6. The garden on the southside of the above-named Jersey Lodge formerly the site of Captain Spearmans residence (subject to a ground rent of ten pounds (£10) Newfoundland sterling) in trust for the support of the said Jersey Lodge.
7. The unexpired lease of the dwelling house formerly used and known as the Commissariat House, rented by me of the Government and let by me to the Incumbent of St. Thomas’s Church, in trust for the use of the said Incumbent on payment of the rent agreed on. (N.B. There is a small field to the north of said dwelling house, bounded on the west by Government grounds and on the east by the road leading to Kings Bridge, granted and conveyed to me as Bishop for the erection of a Bishop’s residence thereupon. This, I presume, will pass to the next Bishop, who may either build upon it, or enjoy the rent)
8. The site of St. Thomas’s Church with the adjoining land and the school or Lecture-room erected thereon, in trust for the proper use or user of the said church and school.
9. The Boys Orphanage with the land adjoining thereto, which I hold by lease for nine hundred and ninety nine years (free of rent while used for a charitable purpose) in trust for an Asylum for poor orphan boys; but with liberty to use the premises for other purposes, on paying for rent fifteen pounds (£15) currency to the Government.
10. Ferris’s charity being a yearly charge of ten pounds (£10) left by Mrs. Ferris on property now held by the Hon. W. V. Whiteway payable yearly at Christmas, in trust for purposes named or intended by the same Mrs. Ferris; namely, five pounds to be given through the Bishop towards the yearly expenses of the Cathedral and five pounds to be divided and distributed to ten widows (10s to each), communicants at the Cathedral, by the Bishop.
11. The site of the Cathedral with the land (various lots) on each side of the road adjacent to the Cathedral, formerly parts or lots of Youngs Estate, conveyed to me as Bishop by the Trustees of Youngs Estate, in trust for the uses and purposes to which they are collectively, or severally, now applied.
12. Two parcels of land to the North and East of the Rectory, bounded on the east by the Girls Orphan Asylum and on the west and north by the Rectory ground and on the south by the public road leased by me at different times of Youngs Estate for nine hundred and ninety nine years (on part of which the dwelling house built by the late Mrs. Johnston stands and about half the bishop’s private Chapel) in trust for the use of ye Bishop (A line which would divide this property from the Rectory would pass through the Chapel (N.B. The lease of this valuable property was taken by me to get rid of various small tenements (twelve or thirteen), which were a great annoyance to the Rectory, to Mrs. Johnson’s house and to the Orphanage, I also paid a large sum of money for compensation to some of the ejected tenants).
13 The house built by the late Mrs. Johnson on the above named portion of Youngs Estate for her residence during her life, but with the knowledge that it would, and intention that it should, belong to and be part & parcel of the said property after her decease, in trust for the use of the Bishop.
14. The Cathedral Sunday School room, subject to a ground rent of eight pounds (£8) currency, in trust for a Sunday School room and Church Meetings, at the discretion of the Bishop.
15. The property on the south side of the Harbor adjoining St. Mary’s Church, in trust for the occupation and use of the Incumbent of St. Mary’s if resident on the property, otherwise to apply the rents and profits to the support of the Theological College.
16. The sum of one thousand pounds (£1000) Newfoundland currency on mortgage on the estate of Messrs. Clift, Wood & Co. in trust to apply the interest (sixty pounds a year) towards the support of a Missionary or Minister at Topsail.
17. The sum of seven thousand five hundred pounds (£7,500) Canadian bonds now held by myself and the Society for the Propagation of the Gospel conjointly, in trust to apply the interest (£300 st per annum) to the support of the before named Theological College in St. John’s
18. Subject to my wife’s (Sophia Feild’s) life interest in the same, the house commonly called or known as Avalon Cottage with the garden and buildings attached, and the houses on Church Hill formerly the property of William Freeman intending that my wife (the said Sophia Feild) shall have full power over them, to occupy use or let as she pleases and as long as she pleases, during her life, and to receive & enjoy the rents and profits of the same, but upon her decease (or sooner if she pleases) in trust to employ the rents and profits of Avalon Cottage for the support of the Theological College, the houses on Church for the use of the Bishop.
19. I give and bequeath to my wife Sophia Feild all my property and estate in Topsail (the globe not included) to have and enjoy during her life, and after her decease to the Bishop to assist in maintaining a resident Minister
20. I give and bequeath to my successor in the See the Church ship Lawrock with all her gear and furniture- the gift of my generous friend the Revd Joseph J. Curling to me as Bishop. It is further my will that none of the above named properties shall be sold or otherwise alienated without the formal written consent of the Bishop of the Diocese for the time. I appoint as my executors in reference to this codicil the Right Reverend James Butler Kelly, now Coadjutor Bishop of Newfoundland and Augustus O. Hayward, Barrister. In witness whereof I the said Edward Feild, Bishop of Newfoundland to this codicil written upon six pages of foolscap paper sown and fixed together do set my hand and seal at Topsail in Newfoundland this twenty eighth day of September in the year of our Lord one thousand eight hundred and seventy five,
Edward Newfoundland. Signed, sealed, published and declared by the said Edward Feild Bishop of Newfoundland as and for a codicil to his last will and testament in the presence of us who in his presence and in the presence of each other at his request have subscribed our names as witnesses, George Hutchinson, Harriet Walton.
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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