Will of Emelyn Hill
from Newfoundland will books volume 2 pages 12 to 14 probate year 1851.
Emelyn Hill deceased.
This is the last will and testament of me Emelyn Hill of Saint John's Newfoundland Widow of the late Nathaniel Hill of Saint John's aforesaid House Carpenter, I give and bequeath unto my executors hereinafter named all and singular the property which I shall be possessed of or entitled to at the time of my decease or over which I have a disposing power, of whatever the same may consist whether estates, money in the funds or out upon security or at interest book and other debts stock in trade, or whatever other sort or kind the same or any part thereof may be, upon trust for my children as hereinafter mentioned that is to say upon trust that they my said executors or the survivor of them his executors and administrators shall and will after paying my just debts and funeral expenses make such disposition of my estate as in their discretion they shall deem to be most prudent, for the maintenance and education of such of my children as at the time of my decease may be under age, And as to the residue, if any, after paying the expenses of such maintenance and education in trust to divide such residue equally among all my children (or such of them as may then be living and the representatives of such of them, if any, as may happen in the mean time to depart this life) share and share alike.
It is my desire that upon an Inventory being taken of my stock in trade the same shall be offered to my son Nathaniel at a fair valuation and upon a liberal credit if he is desirous of so taking it or otherwise that the business may be continued by him on account of my family allowing him reasonable wages for conducting the same, And it is my will and desire that my household furniture should remain unsold and undivided while my family continue together and while the younger branches are properly taken care of by the elder. And it is also my will and desire that my sons as they respectively attain the age of fourteen years shall be bound apprentice to respectable tradesmen of the trades which they may themselves respectively choose, and that such moderate premiums as may be necessary for that purpose, if any, shall be paid out of my estate, to which I hope they will be afterwards no further expense. I last year took from Government a term in a piece of ground situate in the Town of Saint John's near my present residence on which I am bound to build a house. My idea is that money might be advantageously applied in building the same and that besides providing by such means a suitable dwelling for my family a yearly income would be derived therefrom for their support. I therefore recommend the subject to the consideration of my executors but without giving any directions by which they may consider themselves bound, leaving it to their discretion whether to build the house themselves or to sublet the land for others to build on which they will better be able to determine after having collected my estate.
I appoint my son Nathaniel and my daughter Emelyn guardians to my other children not doubting that their utmost endeavours will be exerted to supply to them the place of parents. And lastly I
do appoint my friend James Anderson of Saint John's Farmer my brother John Clift of Ugborough in the County of Devon England Mason and my son Nathaniel Hill executors to this my will.
In witness whereof I the said Emelyn Hill to this my last will and testament have set my hand and seal this thirty first day of May one thousand eight hundred and thirty in Saint John's Newfoundland. Emlyn Hill (LS)
Signed sealed published and declared by the said Emelyn Hill as and for her last will and testament in the presence of us. W.B. Row, John Gregory. Honour Delahunt.
In the name of God. Whereas, I Emlyn Hill widow of the late Nathaniel Hill, Carpenter of St. John's in the Island of Newfoundland, do desire to make some alterations in the will which I have already signed, I the said Emlyn Hill do therefore by this Codicil will and desire as follows,
To my daughter Emlyn Wills wife of Capt. Samuel Wills I bequeath my Eight-day clock, to my second daughter Ann Clift Hill one feather bed and bedding belonging thereto, to my third and youngest daughter Mary Clift Hill I give the feather bed and bedding belonging thereto on which I am now lying, to my eldest son Nathaniel Hill I bequeath one feather bed and bedding belonging thereto, to my second son William Clift Hill one feather bed and bedding belonging thereto, to my third son John Clift Hill one feather bed and bedding belonging thereto, to my fourth son James Clift Hill one feather bed and bedding xxx belonging thereto, to my fifth and youngest son George Rowland Clift Hill one feather bed and bedding belonging thereto
I further will and desire that all the rest of my household furniture be equally divided among my before named children, viz, Emlyn Wills, Ann Clift Hill, Mary Clift Hill, Nathaniel Hill, William Clift Hill, John Clift Hill, James Clift Hill and George Rowland Clift Hill.
I further bequeath to my daughter Mrs. Emlyn Wills my large Family Bible, and "the Whole Duty of Man"
I also desire that Mr. James Harvey Shipwright be one of my executors in room of Mr. John Gregory Senior deceased.
I, the before mentioned Emlyn Hill do declare this to be a codicil to my last will and testimony; in testimony whereof I have hereunto set my hand and seal this second day of February in the year of our Lord one thousand eight hundred and forty four at St. John's Newfoundland. Emlyn Hill (LS)
Signed sealed and delivered in the presence of us (the 3rd and 4th lines in this page having been first interlined and the whole having been previously read over to the said Emlyn Hill. Thomas F.H. Bridge, Elizabeth Hamson.
D. M. Browning