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Will of Patrick Kough Senior
This is the last will and testament of me Patrick Kough of Saint John’s in the Island of Newfoundland Architect, It is first my will and desire that all my just debts be paid Next I will devise and bequeath unto the executrix and executor hereinafter named of this my last will all the landed property messuages and tenements personal estate bank stocks debentures moneys goods debts and effects (except such as are hereinafter specifically devised) of what nature or kind soever of which I may die possessed, To have and to hold the same to my said executrix and executor in trust for the following purposes;- First to pay and appropriate all the interest arising therefrom with all the rents issues and profits thereof unto my beloved wife Mary Kough to and for her own sole and absolute use and behoof for the term of her natural life. And on the demise of my said wife I give devise and bequeath all the landed property messuage and tenements of my estate, all the personal estate Bank stocks debentures moneys goods debts and effects then remaining unto my children Margaret Kough, Elizabeth Kough, Thomas J. Kough, Catherine Kough, Anne Kough, Harriet Kough and Frances Kough, or to such of the above named as may survive their mother To have and To hold to them and each of them their and each of their assigns in equal shares share and share alike for ever. It is my will and desire that if after the death of my said wife any one or other of my children above named should demand his or her share of my estate under the provisions of this my will, that no sale of landed or other property shall take place thereon or for the purpose of paying such share, It is further my will that the amount and value of such share so demanded shall be ascertained and computed from a fair and equable valuation of the estate then remaining and distributable and for the purpose of such valuation the surviving executor of this my will to appoint one appraiser the party demanding his or her share to appoint another appraiser a third appraiser (if necessary) to be nominated and appointed by the Chief Justice of the Supreme Court of Newfoundland for the time bing the award of any two of such appraisers to be final such share when ascertained shall be payable and paid if demanded within one year after such demand without interest, and if any one of my said children above named shall not abide by my above directions for the ascertainment of his or her share the same shall become forfeited and distributed amongst his or her then remaining brother and sisters.
And I hereby empower and authorize my executrix and executor or the survivor of them to sell and dispose of absolutely either by public or private sale my farm and messuage called “Ken Mount” and known by that name with its appurtenances and the proceeds therefrom to be vested and the interest thereof to be paid to my said wife during her lifetime and thereafter the principal to be apportioned amongst my children Margaret Kough Elizabeth Kough Thomas J. Kough Catherine Kough Anne Kough Harriet Kough and Frances Kough or some of them as may be then living- I give devise and bequeath unto my executors hereinafter named the sum of two hundred pounds currency in trust to be paid and expended by them or either of them at their or either of their discretion in such sums and at such times as they or either of them may consider expedient to and for the use and benefit of my son Patrick J. Kough Junior which said sum of two hundred pounds shall be in full of all claims or demands of by or from my said son Patrick Kough on my said estate or on my executors in respect thereof.
I give devise and bequeath unto my said wife Mary Kough my gold watch and chain to be for her own use and at her disposal. And I hereby nominate and appoint my wife Mary Kough and my son Thomas J. Kough executors of this my last will and testament hereby revoking annulling and disallowing any former or other wills by me made and revoking expressly a will by me made and dated the thirtieth day of April last past. The acceptance by the said Thomas J. Kough of such executor ship of this my will shall not affect or interfere with his beneficial claim or interest under this my will. Dated at St. John’s in the Island of Newfoundland this thirtieth day of June in the year of our Lord one thousand eight hundred and sixty three.
Patk Kough (LS) Signed sealed published and declared by the said Patrick Kough as and for his last will and testament- In the presence of us who in the presence of each other and in the presence of the said Patrick Kough and at his request have subscribed our names as witnesses hereto. Patrick Brazil. John J. Howley.
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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