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Will of Samuel Hutchings
This is the last will and testament of me Samuel Hutchings of Harbor Breton Fortune Bay Newfoundland- I direct that all my just debts and funeral and testamentary expenses be paid and satisfied by my executor and sole trustee hereinafter named as soon as conveniently may be after my decease I authorize all my moveable property consisting of the schooner “Spy” one caplin seine, one herring seine, four herring nets, two fishing skiffs, seine skiff, one cast net, twelve lines and sundry other moveable articles that may belong to me at my death be sold by private sale by my executor & sole trustee, all monies that may be due me in the hands of Messrs. Norman & Co. of Harbor Breton be also placed in the hands of my executor & sole Trustee.
And I do devise and bequeath the above monies and value of property sold by the said Trustee to be placed in his hands for the maintenance of my wife Sarah Hutchings and my two children Mary Hutchings and Clara Theresa Hutchings and I do authorize the said executors and sole trustee hereinafter mentioned to place the said value of property & monies in some safe security to receive interest for the maintenance of my wife Sarah Hutchings and my two children Mary Hutchings and Clara Theresa Hutchings, allowing the executor & sole Trustee to keep in his hands sufficient principal of all monies for their immediate support on condition that my wife Sarah Hutchings remains unmarried, as soon as she my wife Sarah Hutchings marries the whole of my property to be divided between my two children Mary Hutchings and Clara Theresa Hutchings.
I also do give devise and bequeath my dwelling house, outhouses, fishing stage, two flakes & two gardens, to my two children each an equal share, empowering my executor and sole trustee to see to its care, authorizing him that my wife Sarah Hutchings to live and remain & hold power over the dwelling house and all specified landed property as long as she remains unmarried, and in case she gets married again, my eldest daughter Mary Hutchings is to claim the dwelling house, outhouses, fishing stage two flakes and two gardens and I do authorize the executor and sole trustee to pay one half of the value of the above specified landed property to my youngest daughter Clara Theresa Hutchings as her one half share of the specified landed property from the portion of all monies that belong to my eldest daughter Mary Hutchings.
And I nominate constitute and appoint William J. Gallop of Harbor Breton Fortune Bay Newfoundland to be my executor and sole Trustee of this my will and hereby revoking all former or other wills and testaments by me at any time heretofore made I declare this to be my last will and testament- In witness whereof I the said Samuel Hutchings have to this my last will and testament set my hand the twenty third day of June in the year of our Lord one thousand eight hundred and sixty nine.
Samuel Hutchings his mark (LS) Signed and declared by the said Samuel Hutchings the testator as and for his last will and testament in the presence of us who at his request in his presence and in the presence of each other (all being present at the same time) have hereunto subscribed our names as witnesses
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)
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