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Will of George Johnston Hayward
This is the last will and testament of me George Johnston Hayward of St. John’s in the Island of Newfoundland merchant. First- I give devise and bequeath to my sons James Stevenson, George Frederick, Frederick William, Augustus Olive, Henry Edmund and to my daughter Selina Vallence Hutchinson and to my grandchildren George Johnston and Bertha Adelaide jointly children of my deceased son Charles Henry to share and share alike except said George Johnston and Bertha Adelaide who are to have one share between them all my property monies and effects whatsoever including stock in trade and all my shares and interest in any ships or vessels that I may be possessed of at the time of my death whether in the name of “Geo. J. Hayward & Co.” or otherwise it being understood and it is my will and desire that my said son Henry Edmund is only to have an equal share with my other sons and daughter and the children of my deceased son Charles Henry before mentioned independent and exclusive of his registered shares in any vessels wherein I now or shall have any interest in at the time of my death. And it is my further desire that my said son Henry’s partnership interest in the business of the said firm of “Geo. J. Hayward & Co.” shall be and is only limited and confined to the shares in the vessels registered in his name at the time of my decease.
Second- It is my will and desire that the capital stock in trade and assets of the business of the firm of “Geo. J. Hayward & Co.” shall be vested and remain in the hands of my executors hereinafter named for the period of four years for the use and benefit of my said son Henry Edmund except any interest I have or may have in any ship or ships which shall be for the benefit of the estate generally and after which period it will be optional to all or any of the said legatees to claim his or her share aforesaid from my executors under this will-
Third- I appoint my said son James Stevenson Hayward to be trustee for my granddaughter Bertha Adelaide and my said son George Frederick trustee for my grandson George Johnston until they shall respectively attain the age of twenty one years-
Fourth- I appoint my sons James Stevenson Hayward and Henry Edmund Hayward joint executors under this my last will and testament. In witness whereof I have hereunto set my hand and seal at St. John’s in the Island of Newfoundland this twelfth day of June A.D. one thousand eight hundred and seventy four. Geo. J. Hayward (LS) Signed sealed published and declared by the said testator as and for his last will and testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses, Wm. Pitts, J. W. Melvin.
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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