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A Collection of Newfoundland Wills (F)
John Fergus


Will of John Fergus
from Newfoundland will books volume 1 pages 204 & 205 probate year 1835

In re
     John Fergus       deceased.

I John Fergus late of the Island of Newfoundland at present in Glasgow being about to return to Newfoundland and considering the uncertainty of life and in order to settle and dispose of my property to and for the use of my wife and daughter and other friends in case of my death do hereby make and publish my last will and testament in manner and form following vizt
I give and devise unto my brother James Fergus of said Island of Newfoundland my Cousin George Young Junior Farmer in the Parish of Kelsyth, my cousin Glen McCall Merchant Glasgow and Mr. James Munn of Newfoundland aforesaid and the survivors and survivor Acceptors or Acceptor of them as Trustees or Trustee for the uses and purposes aftermentioned all and whole that leasehold right belonging to me of a fishing room in Bay Roberts Newfoundland with the whole buildings shades and appurtenances thereto belonging for the whole years thereof to run after my decease with all goods and debts and sums of money belonging or owing or that shall be belonging or owing to me at the time of my decease in Britain or in Newfoundland with all other property whether real or personal belonging to me And I hereby empower my said brother James Fergus and the said James Munn or either of them that shall be residing in Newfoundland at the time of my decease to sell and dispose of my said leasehold right and whole appurtenances and all my other property in said Island except my books and watch which I appoint to be received by my daughter and to receive and discharge any debts that may be due to me there, and to transmit the proceeds to my Trustees in this Country as soon as possible And I hereby appoint my said Trustees in this country to collect & in gather all debts due to me here and to sell and dispose of any property belonging to me here except my household furniture which I appoint to be possessed by my wife untill her death or second marriage and to lay out and secure the whole proceeds of my subject on good security payable to themselves as Trustees and to apply the interest or yearly income thereof for the maintenance of Isabel Fergus my wife in casse she survives me and Isobel Fergus my daughter. But with power to my said Trustees if they think proper to take my daughter under their own care and management & to apply the foresaid interest or proceeds of my subject towards the maintenance of my daughter in a proper manner and the remainder to be paid to my wife, But also declaring that my said wife shall not be entitled to receive any of the interest or produce of my subject in case of her entering into a second marriage, but only so long as she remains my widow And in the event of her death or second marriage the whole of the said interest of my subject shall be applied to the maintenance of my said daughter and the principal shall be wholly paid over to her when she arrives at majority, and in case of her decease I appoint the whole of my said subject to fall and be paid to my said brother James Fergus and his heirs without any restriction.
And I hereby nominate and appoint the said James Fergus and James Munn or any one of them who may be in Newfoundland at the time to be executors or executor of this my last will and testament in that Island, And the said George Young Junior, Glen McCall and my said brother if in this country or any two or one of them to be executors or executor in this country and also to be Tutors and Curators or Tutor and Curator to my said daughter during her minority And I hereby declare that none of my said Trustees in that capacity or as executors or Tutors and Curators shall be liable for omissions or for any other diligence then they shall think proper or necessary but each of them for their own actual intromissions deducting all necessary expenses declaring that the foresaid provisions in favour of my wife and daughter shall be in full to to them of all they or either of them can ask or claim from my estate any manner of way. And I hereby reserve full power to alter or revoke this will in whole or in part as I shall think proper. And I consent to the Registration hereof in the Books of Council and Session or others competent therein to remain for preservation and constitute ___________ Prors
In witness whereof I have subscribed this and the preceding page all written by John Leighton apprentice to Alexander Leighton Writer in Glasgow and to this last page hereof I have set my seal at Glasgow the seventh day of May in the year of our Lord one thousand eight hundred and fourteen and of the Reign of George the Third King of the United Kingdoms of Great Britain and Ireland the Fifty fourth year Before these witnesses the said Alexander Leighton and John Leighton and William Copland Writer in Glasgow. John Fergus (LS)
Signed sealed published and declared by the said testator as and for his last will and testament in the presence of us who in his presence and in presence of each other have hereunto set our hands as witnesses. William Copland, witness.    Alex. Leighton, witness.    John Leighten, witness.

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 and Ivy F. Benoit

Page Revised by Ivy F. Benoit (March 9, 2003)

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