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A Collection of Newfoundland Wills
(K)
Charles Kickham

 

Will of Charles Kickham
from Newfoundland will books volume 1 pages 132 to 134 probate year 1831.

In re
     Charles Kickham       deceased.

In the name of God Amen. I Charles Kickham of the parish of Mullinahone County Tipperary Ireland but at present a resident of St. John's Newfoundland Planter being sickly but of perfect sound mind and memory, and calling to mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this to be my last will and testament that is to say Principally and first of all I give and recommend my soul unto the almighty God who gave it and my body I recommend to the earth to be buried in decent Christian burial not doubting but at the general Resurrection I shall receive the same again by the might power of God. And as touching such wordly estate wherewith it has pleased God to bless me with in this life I give and bequeath the same in the following manner and form
First I desire and request that all my lawful debts shall be paid and discharged as soon as possible after my interment
I then give and bequeath unto my loving wife Mary the clear yearly sum of Forty pounds currency to be raised and levied out of my estate and to be paid unto her yearly during her natural life and also my household furniture and bed but immediately after her death the forty pounds yearly allowed her out of my estate shall cease and be ended without further claims by her relatives or friends.
I give and bequeath to my brother John Kickham now living in Antigonish and my two sisters Elizabeth and Mary now living in the Country of Tipperary Ireland all the landed and household property which I now possess in Saint John's and which shall be divided among them or their heirs in manner following that is to say of the yearly rents or value of my property my aforesaid brother John shall have Forty pounds currency yearly and every year arising out of the property and also shall (independent of the forty pounds aforesaid bequeathed) have an equal claim for the residue of my estate as my aforesaid sisters Elizabeth and Mary that is a one third of the value to my brother John Kickham and heirs one third to my sisters Elizabeth and heirs and one third to my sister Mary and heirs and immediately at any or either of their death the share is hereby bequeathed to the lawful heir or the deceased but in default of issue to the nearest relation of mine But it being my desire and request to have the property hereditary none of my legatees shall at any time have any power whatsoever to sell transfer or mortgage their share or any part thereof but may at all times let their shares to tenants for yearly rents.
I also give and bequeath to my said sisters Elizabeth and Mary the monies I now have on the hands of Mr. Latham near Peathard County of Tipperary Ireland together with the interest arising therefrom and which shall be divided and paid in two equal shares among them or their heirs.
I give and bequeath the yearly sum of twenty shillings for the benefit of the Orphan Asylum School in this town which sum is to be raised and levied out of my estate yearly and paid into the hands of the Treasurer thereof.
And of the monies not in my possession I give and bequeath (through the hands of the Right Revd Dr. Fleming) one hundred pounds currency for the benefit of and to be paid to the indigent poor and distressed of Saint John's in lieu of any debts which may have been due of me in the course of my life and not demanded, nor at present in my recollection.
And the residue of the cash now in my possession and all monies due to me is to be delivered into the hands of my executors hereinafter named and by them paid over in equal portions to my aforesaid brother John Kickham and sisters Elizabeth and Mary or in default of either of their death to the lawful heir of the deceased. And I do hereby nominate and appoint Mr. Henry Duggan Baker, and Mr. William Hogan Planter both of Saint John's Executors of this my last will and testament hereby revoking and declaring null and void all former and other wills testaments and deeds of gift by me at any time heretofore made. And I do ordain these presents to stand hereby ratifying and confirming this to be my last will and testament.
In witness whereof to this my said will I have set my hand seal at Saint John's Newfoundland this twentieth day of May in the year of our Lord one thousand eight hundred and thirty one the words "all monies due to me" being first written and approved by me. Charles his x mark Kickham (LS)
Signed sealed published and declared in the presence of us who have hereunto subscribed our names in the presence of the testator. Hy. Devereux.   Edrd Kennedy.

Certified Correct,
D. M. Browning
Registrar

 

 

Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written 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 and Ivy F. Benoit

Page Revised by Ivy F. Benoit (February 18, 2003)

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