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Will of James Grey
This is the last will and testament of me James Grey of Shoe Cove in the Bay of Notre Dame in the Island of Newfoundland, Planter-
First. I will and bequeath to my executors hereafter named all my fishing room situate at Shoe Cove on the western side of the Brook, called “Knight’s Room” upon trust for the use of Ann, widow of my deceased son John for and during the term of her natural life or until her marriage and after her marriage or death to the use of the sons of the said Ann of her by the said John Grey begotten then surviving share and share alike. the said fishing room hereby bequeathed being now in possession of the said Ann and being one half of the fishing room heretofore held by me and John Welshman on the said western side of the brook.
Secondly. I will and bequeath all the rest residue and remainder of my property both real and personal of which I shall die possessed to my said executors upon trust for the use of my dear wife Sarah for and during her natural life and after her decease to pay to each of my daughters Anne Foster, Sarah Miller, Dinah Miller and Jane Welshman five pounds and to hold all my fishing room called Mifflins Room at the point for the my daughter Mary during her life and after her decease for the use of my daughter Miram Hewlett. And to hold all my fishing room called Morgans Room and all my gardens landed property and all the residue of my estate both real and personal whatsoever and wheresoever not herein otherwise disposed of upon trust for my son Jesse and for the sole and separate use of my daughter Dorcas wife of George Morgan share and share alike during the terms of their natural life and after their decease the share of the deceased to go to his or her eldest son as the case may be then living and in case my said son or daughter or the said eldest son of either of them shall wish to sell his share in the said fishing room and landed property he shall not sell to a stranger but the other shall purchase at a valuation to be made by three arbitrators one to be chosen by each and the third by the other two arbitrators, my desire being to keep the property in the family. I appoint my son Jesse Grey and my son-in-law George Morgan executors of this my last will and testament In witness whereof I have hereunto set my hand and seal at St. John’s aforesaid this eighth day of September Anno Domini eighteen hundred and seventy-three- James Grey (LS) Signed sealed published and declared by the said James Grey as and for his last will and testament in our presence who in his presence and in the presence of each other have signed the same as witnesses at his request Geo. M. Johnson. W.V. Whiteway.
I the within-named James Grey of Shoe Cove Planter make this codicil to my will dated the eighth day of September A.D. eighteen hundred and seventy three above and within written. I will that in case James Grey son of Jesse Grey shall die before attaining the age of twenty one years the property bequeathed by the said will for the use of James Grey shall be held to the use of his brother John Grey excepting monies hereinafter provided for and if Joseph Morgan shall die before attaining twenty one years of age the property bequeathed to the use of the said Joseph Morgan shall be held to the use of the said Joseph Morgan’s father excepting the monies hereafter provided for. I give five pounds to the wife of Jesse Grey and I will that all monies of which I shall die possessed or entitled to receive being owed to me after payment of the specific bequests mentioned in the said will and in this codicil shall be divided equally between my daughters who are taking care of and looking after me. In witness whereof I have hereunto set my hand and subscribed my name this seventh day of November Anno Domini eighteen hundred and seventy-nine Jas. His X mark Grey (LS) Signed sealed published and declared by the said James Grey as a codicil to his last will and testament in our presence who in his presence and in the presence of each other have signed the same as witnesses at his request. L.N. Gill. W.G. Boyle.
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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