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A Collection of Newfoundland Wills
(H)
Charles W. Haley

 

Will of Charles William Haley
from Newfoundland will books volume 1 pages 211 to 213 probate year 1835.
This name is spelled Haley and Haly in the will book, and Haley in the will index.

In re
     Charles W. Haley       deceased.

In the Name of God Amen. I Charles William Haley Major in His Majesty's Nova Scotia Regiment of Fencible Infantry and Lieutenant Colonel in His Majesty's Army at present residing at Saint John's in the Island of Newfoundland but about to proceed from hence to Canada do make this my last will and testament in manner and form following, vizt. Reposing full confidence in the maternal affection and good sense of my dearly beloved wife Ann Haly I give unto her during her natural life (should she remain a widow) the use benefit and advantage of all my property and effects of whatsoever nature of which I may die possessed of in this island or elsewhere. But in the event of my said wife marrying again then I will and direct that my said wife shall only receive out of my property estate and effects for her sole use and benefit the sum of Five hundred pounds sterling or thirty pounds stg per annum during her natural life as may be most convenient to my estate. And by her last will should she remain a widow she shall have it in her power to give or devise to any or either of my children whom she may think most deserving or stand in greater need than the rest the sum of One thousand pounds sterling or sixty pounds stg per annum as may be most convenient as aforesaid, which said sum of one thousand pounds sterling or sixty pounds stg per annum shall be raised levied and paid out of my estate property and effects. But in the event of my said wife's marrying again then and in that case I will and devise that she shall only have the power by her last will and testament to give and devise the sum of Five hundred pounds sterling or thirty pounds stg per annum as may be most convenient as aforesaid to my any or either of my children whom she may think most deserving or stand most need thereof which said sum shall be raised and levied out of my estate as aforesaid. This last sum of five hundred pounds or Thirty pounds per annum is over and above the sum of Five hundred pounds stg or Thirty pounds per annum to be paid to my said wife in the event of her marrying again. And I do further will and devise that on the decease of my wife or on her marrying again, that all the rest and residue of my property of every description shall be divided among my children share and share alike.
And for the purpose of ascertaining the true statement of my affairs at the time of my decease it is my will and I do hereby direct that a particular Inventory be taken of my estate and effects a copy of which shall be sent to my brother Aylmer Haly of Harefield Grove near Uxbridge, Middlesex, another to my wife and one recorded in the Book of the Probate of Wills Newfoundland. And I do further will and devise that it shall not be lawful for my said wife to sell transfer mortgage or lease any part of the property of my said estate without the consent and with the signature of my said brother Aylmer Haly or of his attorney duly authorized and empowered by him for that purpose. Or in case of his death, without the consent of the Chief Justice of the Island of Newfoundland for the time being.
And I do hereby nominate and appoint my said wife Ann Haly to be executrix and my brother Aylmer Haly and the Chief Justice of the Island of Newfoundland for the time being Trustees to this my last will and testament for all property that I may die possessed of in this Island to take care of and see the same perform acceding to the true intent and meaning thereof And for all property and effects of what nature soever I may die possessed of or be entitled unto in any other part of the world. I hereby appoint my said wife Ann Haly executrix and my said brother Aylmer Haly or his executors or administrators to be executors to this my last will and testament. And I do hereby make null and void all and every other or former wills or testaments by me made and do declare this to be my last will and testament.
In witness whereof I have hereunto set my hand and seal at Saint John's in the Island of Newfoundland this fifteenth day of June in the fifty fourth year of the reign of our Sovereign Lord George the Third and in the year of our Lord one thousand eight hundred and fourteen. C. Wm. Haly (LS)
Signed sealed published pronounced and declared by the said Charles William Haly to be as and for his last will and testament in presence of us, Thos. Stabb (of St. John's Merchant)   John Terrington, Ordnance Storekeeper.   James Blaikle, Noy Pub.

Con'l. As I am not likely to die in as good circumstances as I had a right to expect when I made this will I must restrict the power herein given to my wife of devising the sum of One thousand pounds to Five hundred only recommending more particularly to her care her unmarried daughter, besides which in case of my effecting the sale of my Commission it is my desire that the sum of Three hundred pounds be settled on each of my four daughters to be paid on the day of their marriage or on the death of their mother their receiving only the yearly interest of the same from the day of their coming of age up to that period this sum to be paid them besides and above what may be their due proportion in the division of the property. Given under my hand at Ballyhaly near St. John's Newfoundland this 17th day of June 1826. Wm. Haly.

Certified Correct,
D. M. Browning
Registrar

 

 

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 F. Benoit (March 9, 2003)

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