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A Collection of Newfoundland Wills
James Fox


Will of James Fox
from Newfoundland will books volume 4 pages 292-293 probate year 1884

In re
      James Fox deceased.

This is the last will and testament of me James Fox of Saint John’s Merchant All my property moneys and effects except as hereinafter provided for I devise and bequeath to my wife for her life and upon her death to my children share and share alike.     The shares to which I am entitled in the Union Bank now standing in the name of myself as Trustee I direct shall belong in equal proportions to my sons James P. Fox and John F. Fox.     The piece of land purchased from Mr. Mare adjoining my dwelling house I give to my said sons equally as also my horses one to each.    Any share or bequest to my daughter Annie is to be for her sole and separate use free from the control of her husband    The household furniture which I possess not included in a former deed of trust is to be my wife’s and I direct that on her death the same is to go to my son John if she wishes it but not otherwise.    The business is to be continued according to the present partnership agreement and my interest therein of three-fourths is to go to my wife but she shall have the power at any time before the expiration of the term stipulated to wind up the business if she shall see any cause for so doing.     I appoint my wife and my son James F. Fox executors of this my will.     I direct that my sister-in-law Ellen Power is to be provided for out of my estate during her life.    James Fox.    Signed published and declared by the said testator as and for his last will and testament in presence of us who in his presence and in the presence of each other have subscribed our names as witnesses, J. H. Boone, Patrick J. Delaney.
Codicil to my will executed on the first day of March A.D. 1883.   I direct that my son John F. Fox shall be admitted a partner with my son James P. Fox on the first of January A.D. 1884 in the trade and business now carried on by my said son James and myself and he is to have the same interest as James that is one fourth out of my three fourths interest.   I bequeath the sum of ten pounds to the Revd Patrick Delaney.   All erections on the land adjoining mine and recently purchased from Mr. Mare are to go with the land.     I direct my sons John and James on the death of my wife to pay my daughter Annie a sum equal to the value of two shares of the Union Bank shares bequeathed to them and I qualify that bequest accordingly, and now bequeath that amount to her for her sole and separate use free from the control or liabilities of any husband.   March 3; 1883.    James Fox.   Signed published and declared by the said testator as and for his last and only codicil to his said will in our presence who in his presence and in the presence of each other have subscribed our names as witnesses, J. H. Boone, Patrick J. Delaney, Joanna Fox.     The foregoing will and codicil are re-executed and republished by me this day.   March 20: 1883.   James Fox.   In presence of us Joanna Fox.     J.H. Boone.

Certified correct,
D. M. Browning



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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