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Will of Joseph Fraize
In the name of God Amen. I Joseph Fraize of the Town of Carbonear south side in the Island of Newfoundland being sick and weak of body, but of perfectly sound mind and memory, do hereby make and ordain this my last will and testament that is to say touching such worldly estate wherewith it has pleased God to bless me in this life I give devise and dispose of the same in the following manner and form:
First I give and bequeath to Louisa my dearly beloved wife as long as she remains a widow all and singular my lands tenements and outbuildings with all the stock and property thereon together with all my household goods debts and moveable effects with this proviso that my sons may reside with her and enjoy the produce of the land on condition that they pay her the sum of eight pounds currency pr annum.
Secondly In the event of my wife Louisa Marrying again, or at her decease, I give and bequeath my property in the following manner To my eldest son Robert Pack Fraize I give the house in which I live with the ground surrounding it extending on the east to the cellar and cabbage garden by the house formerly occupied by my father, together with the piece of ground which I purchased from George Pike and the piece formerly owned by John Hogan and also the ground purchased from John Thistle of Thomas together with one third of the live stock which may be possessed at the time of dividing the land. I also give to him my bedstead bed and bedding on which I sleep also the pit saw in my possession with the understanding that my other two sons may have the use of it when they need it, also my large family Bible, two volumes of Benson’s Commentary and one third of all my other books. To my second son Thomas Fraize I give and bequeath the dwelling house willed to me by my father, together with the cabbage garden and cellar adjoining. The plot of land I bought from Jasper Sooley with one third of the live stock on the property at the time of its being divided and also the bedstead bed and bedding on which he now sleeps, two volumes of Benson’s Commentary and one third of all my other books. To my youngest son John Apsey Fraize I give and bequeath that piece of land which lies about two hundred yards to the westward of Harbour Grace Road which was willed to me by my father, also one third of the live stock on the property at the time of division, my old family Bible, one volume of Benson’s Commentary and Newtons Dissertations on the Prophecies and De Aubignes History of the Reformation and also one third of all my other books, also the bed bedstead and bedding at present devoted to his use in my possession.
I also charge my two eldest sons to aid and assist him in building and furnishing a dwelling house for himself if he needs it, and if they neglect or refuse to fulfill my injunction in this respect the clauses in this will in their favour shall be considered null and void and they shall forfeit all right to their share of my property I also will and bequeath my land inside of Carbonear to my three sons jointly, to be equally divided between the three the dividing lines to run from north to south and vice versa
I also give and bequeath to my wife Louisa all the moneys, bonds, securities and stocks of which I am possessed and enjoyed. I also give here all my right title and interest in the schooner Ostrich with all the profit derived from her The carpenters tools at present in my possession I divide equally between my three sons. And I do hereby appoint Mr. Moses Pike and Mr. John Thistle both at present residing in Carbonear to be the executors of this my last will and testament. And I do hereby utterly disallow and revoke all and every other former testaments wills or bequests, ratifying and confirming this and no other to be my last will and testament. In witness whereof I have hereunto set my hand and seal this 18th day of February in the year of our Lord one thousand eight hundred and seventy one.
Joseph his X mark Fraize. Signed published and declared by said Joseph Fraize as his last will and testament in our presence who in his presence and in the presence of each other have hereunto subscribed our names. John Pike X, John Thistle X their marks.
In witness of the above codicils which I have added to my last will and testament I do hereunto set my hand and seal this 20th of March in the year of our Lord one thousand eight hundred and seventy three.
Joseph his X mark Fraize. Signed by Joseph Fraize in our presence who in his presence and that of each other have hereunto subscribed our names, John X Thistle. A. J. Crocker.
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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