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Will of William Kitchin
This is the last will and testament of me William Kitchin of Saint John’s Newfoundland Merchant. I hereby revoke all former wills ever by me made and appoint James Goodfellow Esqr of St. John’s Merchant to be the executor of this my last will To my wife Mary Kitchin I give and bequeath all the land and premises which I possess situate at Portugal Cove and all my interest in Murphys property situate in Footes land in St. John’s, and also the debt due to me by the late John Dunn and all my interest in the mortgage which I hold upon his farm situate on the Topsail Road as a security for the payment thereof to hold the same for her sole use and benefit
To my daughter Julia Ann I give and bequeath two of the shares which I hold in the Commercial Bank of Newfoundland To my daughter Eliza I likewise give two shares in the said Bank To my son William I give all my right title and interest in and to those premises situate on McBrides Hill at present occupied by James Molloy subject however to the payment of an annual rent of twenty pounds to my daughter Ellen and her heirs and assigns during yearly and every year of the term of years left unexpired which I shall hold at the time of my decease of the said premises as his proportion of the ground rent. To my daughter Cecilia I give and bequeath the sum of two hundred pounds. To my son Thomas Robert I give and bequeath the sum of one hundred pounds and it is my will that the two last bequests be paid out of the proceeds of my stock in trade. To my daughter Ellen Ann I give and bequeath all my interest in the house and premises in which I now reside situate in Water Street at the foot of McBrides Hill aforesaid, together with all my stock in trade, cash, goods, debts and effects except the debt hereinbefore bequeathed to my said wife the land and also the Bank and Telegraph shares hereafter bequeathed to my said executor in trust of which I shall be possessed at the time of my decease or to which I shall be entitled, for her sole use and benefit and not to be subject to the debts or control of any husband she may hereafter marry but subject always to the payment thereout of all my lawful debts and funeral expenses and to the payment of the aforesaid bequests to my daughter Cecilia and to my son Thomas Robert as is hereinbefore directed
To my said executor I give and bequeath all my right title and interest in the lands tenements and premises belonging to me situate in Princes Street in St. John’s aforesaid and all the shares not hereinbefore bequeathed in the said Commercial Bank and likewise my shares in the Telegraph Company which I shall be possessed of at the time of my decease upon trust to pay the rents, issues and profits of the last mentioned land and premises and the interest, dividends and profits arising from my last named bank and Telegraph Shares unto my said wife during her natural life and after her decease then upon trust to transfer the said land and also the Bank and Telegraph shares to my said daughter Ellen Ann to and for her sole use and benefit and not to be subject to the debts or control of any husband she may have To the Administrator of the Roman Catholic Church in the Diocese of St. John’s I bequeath the sum of Fifty pounds the same to be used as follows, viz: Two High Masses one at my death and one, one month after, the remainder of said bequest to be used as payment for low Masses for me To the St. Vincent de Paul Society St. John’s I bequeath the sum of twenty five pounds one half of which shall be paid to the Ladies Society The two latter bequests to be taken from my stock in trade- In witness whereof I have hereunto set my hand and seal at St. John’s aforesaid this eleventh day of October A.D. one thousand eight hundred and seventy three
William Kitchin (LS) Signed sealed published and delivered in the presence of Henry Cooke, Lawrence Barron.
I William Kitchin do make ordain and publish the following as a codicil to the within my last will and testament viz the bequest to my daughter Julia Ann of the Presentation Convent River Head of two shares of Commercial Bank stock I hereby revoke and annul and will and bequeath said shares to my executors to be held in trust by them and I will and direct that they shall pay the interest dividends and profits annually arising thereon to my said daughter during her lifetime and after her demise apply the same in such way and to such objects or purposes as she may by will or other writing direct and in the event of her dying without making such will or appointment then I bequeath such interest dividends and profits to such Convent as she may belong at the time of her death. The bequest in my said will of two shares of said Commercial Bank stock to my daughter Eliza of the Convent of Belvedere I annul and revoke and hereby bequeath said two shares to my executors to be held in trust for her the interest profits and dividends arising thereon to be paid her annually during her life, and subject to the like conditions and proviso as are contained in and annexed to the foregoing bequest. In consequence of the death of my late son William, I bequeath to my son Thomas the land tenements and premises mentioned in my said will as bequeathed to William subject to the terms charges and conditions contained in my said will. I hereby appoint my friends James Goodfellow and Joseph I. Little executors to my said will and to this codicil annulling these parts of my said will which may differ from the bequests and provisions herein contained ratifying and confirming my said will in all other particulars.
William Kitchin (LS) Signed sealed and declared in our presence this 15th day of January A.D. 1877, Jos. I. Little, Lawrence Barron.
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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