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A Collection of Newfoundland Wills
John Hutchings


Will of John Hutchings
from Newfoundland will books volume 3 pages 29-30 probate year 1867

In re
     John Hutchings      deceased.

I John Hutchings of St. John's in the Island of Newfoundland Sailmaker being of sound and disposing mind memory and understanding do make this to be my last will and testament First I hereby revoke all former wills and codicils by me at any time heretofore made Secondly I order and direct that my debts funeral and testamentary expenses be paid and satisfied so soon after my decease as conveniently may be by my executor hereinafter appointed Thirdly I give and bequeath all my leasehold interests terms of years monies investments stock and good will in business debts sums of money due or to become due to me, Furniture tools utensils and all other my estate and property or right thereto at law and in equity wheresoever and whatsoever unto my son Charles Hutchings his executors administrators and assigns for ever to the full extent of my interest by whatsoever means claimable Fourthly I direct and require my said son Charles as a trust should his mother my dear wife Elizabeth survive me that he permit her during the term of her natural life for her own separate use and benefit to receive and take the rents and profits of my houses and premises interest on monies and investments in Bank or otherwise also the use of my furniture in my house and the occupation thereof jointly with him- Fifthly I order and direct that my daughter Rosella shall while she may remain unmarried dwell with my said wife and after my said wife's decease with my said son Charles- being so unmarried- be supported and clothed out of my said property-
Sixthly I give and bequeath to my said daughter Rosella out of my said property the sum of fifty pounds currency to be paid her by my said son Charles on the decease of my said wife or of myself whichever may last happen and without the same being liable for or subject to the debts controul or engagement of any husband with whom she may intermarry and for such bequest notwithstanding coverture her receipt shall be a sufficient acquittance. Should my said daughter predecease me and my said wife this bequest shall lapse Provided that if my said son Charles pay the said legacy before the same becomes due and payable during the life of either myself or my said wife the my said son Charles and property shall be fully discharged from any farther claim on account thereof at the time when it would be otherwise payable Seventhly on the death of my said wife should she survive me my said son Charles shall be entitled absolutely and without impeachment by any person or persons for himself his executors administrators and assigns to all and singular my estate chattels real and personal and property of every description and kind as aforesaid and as if I had survived my said wife in manner hereinbefore given and bequeathed to my said son-     And I appoint my said son Charles Hutchings sole executor of this my last will and testament.
John his X mark Hutchings (LS) Signed sealed published and declared by the said testator as for his last will and testament in our presence as witnesses the same having been first read over to approved and understood by him in our presence this 29th day of July A.D. 1858 at St. John's aforesaid, F.B.T. Carter, Not. Pub.     William Boig.

Certified correct,
D. M. Browning



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. 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 & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013 AST)

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