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Will of Henry Herbert Foster
This is the last will and testament of me Henry Herbert Foster of St. John’s Plumber First I will and bequeath the whole of my household furniture and effects to my wife Catherine Foster for her use and for the use of my children while she remains unmarried but in the event of her future marriage my household furniture and effects shall be the property of my children or the survivor of them- Second. I give and bequeath to my executors hereinafter named the whole balance of my estate my stock in trade, tools and all moneys now due me in outstanding debts to realize my said estate and sell my stock in trade and tools to be best possible advantage and hold the moneys realized therefrom in trust first to pay any debts that may be due by me and all funeral and testamentary expenses and second to invest the residue in some good and substantial security or securities for the benefit and support of my wife and the maintenance and education of my children. I wish it to be understood that my wife shall only be interested in my estate so long as she remains unmarried. Having every confidence in the discretion of my executors I give them full control of my estate when realized as to how and in what manner the moneys shall be paid to my wife and children I desire my executors when disposing of my tools to give J.T. Neville Esquire a first choice if he should desire to purchase the whole or any of them. I hereby appoint David Baird Esquire and James Goodfellow Esquire executors of this my last will and testament. Henry Herbert Foster. Signed published and declared by the said Henry Herbert Foster as and for his last will and testament in presence of us who in the presence of the testator and of each other signed our names as witnesses to the execution of the said will. St. John’s December 20th A.D. 1880. I.R. McNeily, David Baird.
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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