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Will of Jabez Nurse Finlay
This is the last will and testament of me Jabez Nurse Finlay of St. John’s in the Island of Newfoundland Merchant revoking all wills or letters testamentary by me heretofore made.
1st To my beloved wife
2nd. To my said wife I give and bequeath all the household furniture, goods and chattels which may be in and upon the said premises at the time of my decease.
3rd. To my said wife I further give and bequeath all the land of which I am possessed situate near the Railway Depot and adjoining Devon Row with the two houses thereon and the rents issues and profits thereof
4th To my said wife I also give and bequeath all the interest of my executors hereinafter named in a certain Policy of Insurance in the Life Association of Scotland for the sum of six hundred pounds currency and also certain policies or certificates of Insurance in the Dominion Safety Fund of St. John New Brunswick for five hundred pounds currency with all bonuses and accruing profits.
5th To my said wife I likewise give and bequeath during the term of her natural life all my interest in the tenements and premises let by me to the Anglo-American Telegraph Company and now occupied by them but I direct and require that under any circumstances the rents issues and profits of the said tenements and premises shall from time to time as the same become due be applied to the payment off and liquidation of any claim or liability that may encumber the said property on Circular Road.
6th To my said wife I further give and bequeath during the term of her natural life the clear yearly sum of two hundred pounds in equal quarterly payments of fifty pounds chargeable upon the annual proceeds of my business as hereinafter set forth.
7th. I give and bequeath to my son Frederick William Finlay all
my interest in the business and mercantile concern carried on by me under the
firm and style of “J.N. Finlay” and all the stock in trade,
goods, debts and chattels, moneys due to the said firm and generally all the
assets of the said firm of “J.N. Finlay” save and except
my interest in the tenements and premises heretofore referred to and at present
in the occupancy of the Anglo-American telegraph Company subject nevertheless
to the payments in the first place and as a first charge upon the annual proceeds
of the said business, of the said sum of
8th Should my said son Frederick William Finlay survive his mother I will and bequeath to him the residue reversion and remainder of my estate right title and interest in and to the dwelling house land and premises upon the Circular Road hereinbefore referred to but should my said son die before his mother the absolute title to the said dwelling house land and premises shall vest in her.
9th. I will desire and direct that all and singular the gifts devises and bequests made by me to my said wife by these presents shall be to her sole and separate use.
10th. Should my said wife Elizabeth Sarah Finlay survive my said son Frederick William Finlay I will devise and bequeath to her the whole remaining interest in the said business and mercantile concern the same to enure to her her executors administrators or assigns in absolute right and in estate defeasible only upon her obtaining from the executors of administrators of the said Frederick William Finlay good sufficient and satisfactory security for the payment to her during the term of her natural life of the said sum of two hundred pounds currency per annum hereinbefore provided for but free from all conditions as to profits or losses of the said business and mercantile concern.
11th. I appoint my friends John Syme of St. John’s Merchant and Neil Campbell of the same place Mercantile Agent executors of this my last will and testament. In witness whereof I have hereunto set my hand this twenty-ninth day of November A.D. 1882. J.N. Finlay. Signed by the said testator as his last will 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, Alexr J.W. McNeily, Queen’s Counsel. Arthur W. Knight, Student-at-law.
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 and also no paragraphs. 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. However, in some of the very long wills, we have tried to insert paragraphs to make it easier for the researcher to read the document.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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