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Part 1 - Contributed by Judy Benson as part of the wills project March 2005
Will of James Ivamy
Know all men by these presents that I the undersigned James Ivamy Planter residing at New Bonaventure in Trinity Bay North in the Island of Newfoundland being of sound mind and memory although of late in failing health of body do hereby make my last will and testament in form and manner following-to wit;
First I will and direct that my executors hereinafter named do after my decease inter my mortal remains in the burial ground of the Church of England in a decent manner but without unnecessary expense. I give bequeath and devise unto my three sons William, James and George my fishing room and also all my meadow land situate at New Bonaventure aforesaid to be their property equally and to be possessed and used by them in common right. I give bequeath and devise unto my son George my dwelling house and my two store houses, also my cabbage garden lying near my said dwelling house, also my three potato gardens- all situate at New Bonaventure aforesaid to be his property solely and entirely.
I give and bequeath all my salmon nets unto my five sons William John, James, Richard and George, or if any of them should not survive me then his share shall go to his next male heir or successor to be equally divided among them share and share alike excepting only that my son Richard shall have one salmon net more than any of his brothers bequest of his having the misfortune to be crippled in the hand.
Also, my will is that the cash or monies belonging to me and lying in the Bank for Savings at Saint John’s, Newfoundland, which amounted in August last to the sum of one thousand one hundred and sixty nine dollars and eighty cents as shown in my deposit account book together with other monies or cash belonging to me and lying in the Union Bank of Newfoundland which amounted in August last to the sum of five hundred and seventy six pounds currency as shown by the deposit receipt now in my possession shall be disposed of in manner following- to wit:
First out of the aforesaid monies or securities I give one hundred pounds unto my five daughters namely Amy, the wife of Samuel Miller of New Bonaventure aforesaid, and Martha the widow of the late Captain George Field, Junior, now residing at Saint John’s Newfoundland- and Sweet the wife of John Stone of Old Bonaventure- and Maria the wife of Henry Shepherd of Saint John’s Newfoundland, and Louisa the wife of Simeon Evelly of Sillee Cove in Trinity Bay South; the aforesaid One hundred pounds to be equally divided among my said five daughters share and share alike or among the survivors of them at time of my decease to be shared in like manner and unto my wife Sarah I give and bequeath the enjoyment of the interest that may accrue from time to time of the remainder of the monies and securities aforementioned as lying in the Savings Bank and in the Union Bank of Saint John’s Newfoundland the said interest to be enjoyed solely by my said wife Sarah during the term of her natural life: And after her death my will is that the principal money or the whole of the sums of money then lying and remaining in the said Banks at Saint John’s shall be divided equally among my five sons William, John, James, Richard and George share and share alike, or if any of my said sons should not survive me then his share shall go to his next male heir or successor.
Also I give unto my wife Sarah my bed and bedding and whatsoever articles of household furniture or goods may have belonged to me at the time of my death- and I hereby make, ordain and appoint as joint executors of this my last will and testament my two eldest sons that is to say my son William now residing at New Bonaventure aforesaid and my son John now residing at Kirley’s Harbour near New Bonaventure. And I do hereby declare the above writing contained within and written upon five pages to be my last will and testament. In witness whereof I hereunto set my hand and seal at New Bonaventure on the eighteenth day of October in the year of our Lord one thousand eight hundred and seventy two.
James his X mark Ivamy. Signed sealed published and declared as and for his last will and testament by the testator James Ivamy in the presence of us who in his presence at his request and in the presence of each other have set our names as witnesses hereunto.
I hereby certify that I make this codicil to my last will hereinbefore written namely my will is that out of the aforesaid household goods or furniture left to my wife Sarah my oldest son William aforesaid shall have the clock belonging to me Given under my hand and seal on the aforesaid eighteenth day of October in the year 1872.
James Ivamy his mark. Witnesses to the above signature of the testator James Ivamy,
Part 2 - Contributed by Doreen Ivany, Aurora, Ontario July 2005
Probate for James Ivamy Nov. 13-1873
Probate to William Ivany & John Ivany – Executor's
Supreme Court Newfoundland
To the Honorable ___ Hugh W. Hoyles _______ Chief Justice ___ the Honorable John Hayward one of the Assistant Judges of the Supreme Court of Newfoundland.
The Petition of William Ivamy of New Bonaventure, Trinity Bay – Planter and John Ivamy of Kerley's Harbour near said New Bonaventure – Planter.
That your Petitioners Father James Ivany late of New Bonaventure afforsaid Planter died in the Month of October one thousand eight hundred and seventy two leaving his surviving Five Sons and Five Daughters and your Petitioners – James, Richard and George and Amy, Sweet, Martha, Maria (the said Maria having since died) and Louisa.
That the said deceased James Ivany left a will which said will has been proven in due form by the affidavit of George S. Field one of the subscribing witnesses thereto and hereunto annexed.
That the said deceased left monies and property of the value of about Three Thousand Four Hundred and eighty Dollars and that at the time of his death he had a fixed place of abode _____ at New Bonaventure aforesaid in the Northern District of Newfoundland.
That no Probate or Administration has as yet been taken out to the estate of said James Ivamy.
That under the said will your Petitioners were appointed Sole Executers.
Your Petitioners therefore pray that Probate of the will of said James Ivamy may be granted to them and as in duty bound they will ever pray.
Witness the same having first been read over and explained.
|St.John's||Signed:||William X (his mark) Ivamy|
|October 2nd 1873||John X (his mark) Ivamy|
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.
Part 1 - Contributed by Judy Benson & Ivy F. Benoit March 2005
Part 2 - Contributed by Doreen Ivany, Aurora, Ontario July 2005
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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