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Will of Catherine Fraser
I Catherine Fraser of Saint John’s in the Island of Newfoundland Widow of the late Reverend Donald Allan Fraser of the same place being at the time of the execution thereof in a sound state of mind and desirous of adjusting my few worldly affairs on contemplation of the change which shall leave all such behind me, do by this my last will and testament invest in four executors hereafter named as such to be held by them for the purposes herein named all my goods and effects including the land and dwelling house known as “Tobray” together with the furniture therein. That the same shall be sold as my executors shall deem advisable, and when the whole shall have been disposed of and fully realized the amount thereof, deducting necessary expenses shall be used in the first place to erect an iron rail around the grave of my late husband Donald Allan Fraser aforesaid together with a suitable tombstone and the balance shall be divided into eleven equal parts and paid to the following or their heirs, that is to say, to my son Hector McLean Fraser one part, to my son James Oliphant Fraser one part, to my son James Nutting Fraser one part, to my son Charles Bernard Fraser one part, to my son John McLean Fraser one part, to my son William Fraser one part, to my son Archibald McDonald Fraser one part, to my son Henry McLean Fraser one part, to my granddaughter Catherine Isabella McConnan (daughter of my late daughter Isabella) one part, to my grandson Allan Gordon Fraser, son of my late son Alexander Fraser one part, and in the event of his death his share to go to his sister Catherine Fraser, and in the event of her death also, to his sister Amy Fraser, both daughters of my late son Alexander, and to my grandson Leonard Allan Fraser son of my late son Allan Fraser one part, and in the event of his death his share to go to his sister Margaret Fraser, and in the event of her death also, to his sister Amy Fraser both daughters of my late son Allan Fraser, and in the event of the death of all the children of my late son Allan Fraser aforesaid the share appropriated to any or either of them to revert to the other legatees. Provided that my executors hereafter named or either of them shall be at liberty to pay the proportion that shall become payable to my grandchildren aforesaid as their part to the surviving parents of my said grandchildren; or to fund the same for the benefit of my said grandchildren until they shall have attained the years of maturity as my executors shall deem best, and that said executors shall incur no liability on account of the parts payable to my said grandchildren beyond the payment thereof to the surviving parent of my said grandchildren respectively; or the funding at interest of such parts as said executors hereafter named may determine until such time as my grandchildren aforesaid shall have attained the years of maturity- That my sons Hector McLean Fraser, James Oliphant Fraser, James Nutting Fraser and John McLean Fraser are hereby appointed my executors in whom to vest all my real estate and all other property goods and effects for the purposes aforesaid- Witness my hand and seal this twelfth day of April A.D. eighteen hundred and sixty six at Saint John’s Newfoundland,
Catherine Fraser (LS) Witness, John Boyd- D. Macrae.
Codicil. St. John’s, December 23rd 1869. Inasmuch as it has pleased Almighty God to remove by death my son Archibald McDonald Fraser I hereby bequeath all the share and proportion of my goods and effects that would vest in him in pursuance of my foregoing will were he living, to my sons Hector McLean Fraser, James Oliphant Fraser, James Nutting Fraser, Charles Leonard Fraser, John McLean Fraser and William Fraser, share and share alike. Witness my hand this 23rd Day of December A.D. 1869.
Catherine Fraser (LS) Signed and acknowledged by the said Catherine Fraser the testator as and for a codicil to her last will and testament in the presence of us being present at the same time who at her request in her presence and in the presence of each other have hereunto subscribed our names as witnesses, James H. Kerr, Geo. Robinson.
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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