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Will of Joseph Besant Highmore Senior
In the name of God Amen. I Joseph Besant Highmore formerly of Milborne Port in the County of Somerset England but now residing in Fogo in the Island of Newfoundland, Merchant, being sick of body but of perfect mind and memory, do make and ordain this my last will and testament, cancelling, annulling and revoking any other will or testament hitherto made by me.
First, I give and bequeath my soul into the hands of Almighty God who gave it, firmly hoping at the resurrection through the merits of my Redeemer to be received unto everlasting life and my body to the earth to be buried after a decent Christian manner.
Second, I hereby nominate constitute and appoint James Fitzgerald, Justice of the Peace, Hay Findlater Medical Doctor, and Peter Carter Merchant and all of Fogo aforesaid, to be my executors with full power and authority to draw the sum of Two thousand eight hundred and forty six pounds twelve shillings and five pence sterling out of the hands of Messieurs William Cox & Co. merchants of Poole in England, and to realize all other property belonging to the said testator, And to place the proceeds of the said monies and other property when so realized at interest in the Savings Bank of Saint John’s Newfoundland to be disposed of and divided into separate shares as hereinafter mentioned, that is to say, I give and bequeath unto my dearly beloved and affectionate wife Louisa Edgar Highmore, the sum of seven hundred pounds sterling one feather bed and bedding and all and singular my household furniture. I give and bequeath unto my beloved daughter Mary Anne Highmore the sum of seven hundred pounds sterling one pianoforte and one feather bed and bedding. I give and bequeath unto my beloved daughter Maria Caroline Highmore the sum of seven hundred pounds sterling one feather bed and bedding and one harmonian. I give and bequeath unto my beloved son Joseph Besant Highmore the sum of seven hundred pounds sterling one gold watch, one silver watch one gold chain, one gold key & seal, one ring set in coral with the initials J.B.H. and one feather bed and bedding.
Third, I will and ordain that a family vault and bomb e built in the St. Andrew’s Churchyard at Fogo with an iron railing in which I am to be buried with an appropriate inscription.
Fourth, I will and ordain that my aforesaid dearly beloved wife shall have full power and authority to be the guardian of my aforesaid dearly beloved children during their minority with a discretionary power to withhold the payment of their respective legacies from my beloved daughters after they become of age, in the event of their forming matrimonial alliances without first obtaining the full consent and approval of my aforesaid dearly beloved wife.
Fifth, In the event of the demise of my dearly beloved wife the balance of her legacy and other effects is to be divided into equal proportions between all my beloved children, and in the event of the demise of one or more of my beloved children the balance of their respective legacies is to be divided into equal proportions between the survivors, as aforesaid.
Sixth, I will and ordain that my aforesaid beloved son Joseph B. Highmore shall be sent to the nearest and most respectable school that is convenient to his mother’s dwelling the expences of his cloathing, board and education to be paid out of his own legacy leaving it to the discretion of his mother to select a suitable profession.
Seventh, I will and bequeath also to my dearly beloved wife, a certain piece of ground, about half an acre in extent, situate in Greenspond, with full power and authority to erect a dwelling house thereon, and to appropriate the sum of twenty five pounds sterling out of each respective legacy for that purpose.
Eight, I will and ordain that all the expenses of realizing my money and other effects as well as of proving my will, erecting my vault, tomb and railing and funeral expences and all and singular other expences in the premises shall be paid in equal proportions out of the aforesaid respective legacies. In witness whereof, I have hereunto set my hand and affixed my seal at Fogo, Newfoundland, this twenty fourth day of December one thousand eight hundred and sixty two A.D. 1862, Joseph Besant Highmore (LS) Signed, sealed approved and acknowledged by the testator to be his last will and testament the day and year above mentioned, in presence of, James Fitzgerald, J.P., Hay Findlater, Peter Carter.
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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