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A Collection of Newfoundland Wills
(G)
Thomas Gaylor

Disclaimer: The wills for volumes 1 and 2 are not made from the original will books, but rather from a set of books written up from the originals about 100 years later. The 1846 hand written will book that we are putting up along with the wills from the volume 1 will book, is not the original will book. It was made, probably within a decade of the death of the testators, but it is not an exact replication from the original will book.

 

Will of Thomas Gaylor
from Newfoundland will books volume 1 pages 534 & 535 probate year 1847.

In re Thomas Gaylor      deceased.

In the name of God Amen, I Thomas Gaylor of Poole Dorset but now of Bonavista Newfoundland being in sound mind and memory do make and constitute this to be my last will and testament, in manner following that is to say, after my just debts funeral expenses and charges of proving this my last will and testament be in the first place and lawfully paid and satisfied after judgement thereof and of every part thereof, that is to say Principally I give and recommend my soul to God that gave it and body I commend to the earth to be buried with decent Christian burial As touching my worldly estate I give and bequeath to my grand daughter Sarah Ann Gaylor all my property of every description excepting as herein under mentioned for her and her heirs use and benefit for ever but as my grand daughter at this time is only two years old I appoint Mr. Thomas Mifflin of Bonavista my executor and Guardian of the child which duty I trust he will perform but as long as her mother liveth to be subject to her as I have not heard from my son John Gaylor some years but should he be living and return to this country and in distress that whenever the property is sold I will that he receive one third of the amount. I give to Hannah half of my household furniture should she alter her condition or leave the premises I will that my daughter Hannah Gaylor should remain on the premises as long as she wills or until she changes her condition but should my daughter Mary Ann and child comes her from Pond and chooses to remain at the house I hope and trust there will be no altercations between them but should it please God to take my grandchild to himself before she attains the age of 20 years then my property to be sold given half the amounts to Hannah and Mary Ann but should the sale not take place till after their decease then the whole to be divided between my sisters always remembering that as long as either of them bears the name Gaylor and choose to remain on the premises the whole is at their disposal taking care not to let the premises go to ruin and not to be disposed of till then. One of my sisters lives at Old Perlican the other at Poole, Dorset. I give and bequeath to Mr. Thomas Mifflin my writing desk and the small chest of drawers which I had promised to his beloved wife. Should my grandchild die before she comes of age the house furniture to be divided between the two widows but should Hannah survive Mary Ann she may have all the furniture As my property consist of the Room called Quintons Rooms extending from the eastern fence to the landwash the stage was on the spot occupied at present by William Walsh and taken possion of without any liberty from me Green Head Room is my property and now let to John Lander on a lease for 21 years as the lease will express if this room is sold I wish John Lander to have preference. As I have not had a gravestone put up for my beloved wife I trust my executor will effect one for us both either in the church like my son Thomas's or at the head of the grave. Thos. Gaylor (LS)
Signed sealed and declared by the testator Thomas Gaylor as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other has subscribed our names as witness thereto, Samuel Rowsell,   Samuel Mifflin.

Certified correct
D.M. Browning
Registrar


Will of Thomas Gaylor
from Newfoundland will book labeled, "REGISTRY OF WILLS 1846," pages 118 to 121 probate year 1847.

In the name of God Amen, I Thomas Gayler of Poole Dorset but now of Bonavista Newfoundland being in sound mind and memory do make and constitute this to be my last will and testament. In manner following that is to say, after my just debts funeral expenses and charges of proving this my last will and testament be in the first place and lawfully paid and satisfied after Judgement thereof and of every part thereof. That is to say principally I give and recommend my soul to God that gave it and body I commend to the earth to be buried with decent Christian burial. As touching my worldly estate I give and bequeath to my grand daughter Susan Anne Gaylor all my property of every description excepting as herein under mentioned for her and her heirs use and benefit for ever but as my grand daughter at this time is only two years old I appoint Mr. Thomas Mifflin of Bonavista my Executor and Guardian of the child which duty I trust he will perform but as long as her mother liveth to be subject unto her. As I have not heard from my son John Gaylor some years, but should he be living and return to this country and in distress, that when the property is sold I will that he receive one third of the amount. I give to Hannah half of my household furniture should she alter her condition or leave the premises I will that my daughter Hannah Gaylor should remain on the premises as long as she wills it or until she changes her condition but should my daughter Mary Ann and child comes her from Pond and chooses to remain in the house I hope and trust there will be no altercations between them but should it please God to take my grandchild to himself before she attain the age of 20 years then my property to be sold given half the amount to Hannah and Mary Ann but should the sale not take place till after their decease then the whole to be divided between my sisters always remembering that as long as either of them bears the name Gaylor and choose to remain on the premises the whole is at their disposal taking care not to let the premises go to ruin and not to be disposed of till then. One of my sisters lives at Old Perlican the other at Poole, Dorset. I give and bequeath to Mr. Thomas Mifflin my writing desk and the small chest of drawers which I had promised to his beloved wife should my grandchild die before she comes of age the house furniture to be divided between the two widows but should Hannah survive Mary Ann she may have all the furniture. As my property consists of the room called Quintons rooms extending from the eastern fence to the landwash the stage was on the spot occupied at present by William Walsh and taken possession without any liberty from me. Greenhead Room is my property and now let to John Lander on a lease for Twenty one years as the lease will express if this room is sold I wish John Lander to have preference. As I have not had a gravestone put up for my beloved wife I trust my executor will effect one for us both either in the church like my son Thomas's or at the Head of the Grave. Thomas Gaylor
Signed sealed and declared by the Testator Thomas Gaylor as and for his last will and Testament in the presence of us, who, in his presence at his request, and in the presence of each other have subscribed our names as Witness thereto, Samuel Rowsell,   Samuel Mifflin.

Newfoundland Bonavista to wit, Samuel Rowsell of Bonavista in the Northern District Schoolmaster maketh oath and saith that he was present and did see Thomas Gayler the person named in the within paper writing duly sign seal publish and declare the same as and for his last Will and Testament in the presence as well of this Deponent as of Samuel Mifflin the other subscribing Witness to the same. And this deponent further saith that the said Thomas Gaylor at the time of publishing his said will was of sound and disposing mind, memory and understanding to the best of Deponents knowledge and belief. Samuel Rowsell
Sworn before me at Bonavista aforesaid this 29th day of July A.D. 1847.
William Sweetland,    Commss. Of Affidavits in Supreme Court

Personally came and appeared Thomas Mifflin of Bonavista Planter, the Executor named in the within will who renounced and disclaimed all right and intention to take upon himself the execution of the said will. Taken and subscribed before me at Bonavista this third day of August A.D. 1847
Wm Sweetland   Commss. of Affts Supreme Court

 

 

Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written 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 and Ivy F. Benoit

Page Revised by Ivy Benoit (August 8, 2002)

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