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A Collection of Newfoundland Wills
As always, confirm these, as you would any other source material.
Will of James Legg
from Newfoundland will books volume 1 pages 343 to 346 probate year 1840
James Legg deceased.
In the name of God Amen. I James Legg of Carbonear in the Island of Newfoundland Planter being by the Grace of God of sound mind and memory do make and publish this my last will and testament in manner and form following that is to say First and principally I recommend my soul unto Almighty God hoping pardon of all my offences through the atonement and intercession of Jesus Christ my blessed Redeemer and my body to its parent earth in humble hope of a glorious resurrection to eternal life at the last day And as touching the estate and effects with which God has graciously blessed me I give devise and dispose of in the following manner to wit
To my eldest daughter Mary Pike the land and tenement held under lease at present by John Eales with all rents and reversions the same for her sole use and benefit and at her own proper disposal to her children lawfully begotten for ever
Item, unto my second daughter Fanny Brown all that dwelling house outhouses and lands attached now held under lease by the heirs of William Jackman deceased together with the west half of the kitchen garden now occupied by myself the same on precisely the same conditions as the bequest to Mary Pike.
Item, to my third daughter Eliza Legg that part of the premises situate on the north side of the Street now held under lease by James Power Esquire with rents and reversions on conditions similar to those of Mary Pike,
Item to my fifth daughter Emma Legg the house outhouses and lands attached now occupied and held under lease by Thomas Newell also the annuity of ten pounds current money of this Island to be raised out of my other goods and chattels the same to be paid on the first day of each successive New Year by the executors of this my last will and testament or their heirs during her the said Emma Legg's natural life and no longer Also the bed bedding bedstead and furniture known in the family as my bed also the chest of drawers distinguished as the undivided property of my late affectionate wife and lastly six chairs all the above being for the sole use and benefit of the said Emma Legg and her children lawfully begotten and under the guardianship of the said executors to be after named and appointed or their heirs male
Item to my fourth daughter Anna Maria Legg the house and premises now held under lease and occupied by Patrick Butler on the same conditions as the bequest to my aforesaid daughter Mary Pike
Item, to my sixth daughter Caroline Legg the house and premises now held under lease and occupied by Gould and Callahan on the same conditions and with the same intention as the bequest to Mary Pike aforesaid, to my youngest daughter Louisa Legg the dwelling house premises and lands attached at present under lease to Joseph Samuel Scanlan also an annuity of five pounds currency as aforesaid to be raised and paid on the same property and time and by the same persons as the annuity to Emma Legg aforesaid the whole on the same conditions and for the same purposes as the bequest of Mary Pike aforesaid
Item, to my son William Legg one half of the schooner Eliza with half the materials and profits for his sole use and benefit and for his proper support and maintenance the same subject to the following conditions to wit that the profits of the other half of the said vessel after deducting the just and reasonable charges for repairs and navigating without any deduction for personal attendance wages or charges whatsoever be placed with all income from rents or otherwise for the joint support of all the unprovided for and unsettled part of the family to wit my unmarried sons and daughters.
It is further my will and desire that should my son John Legg return and settle in this island the half of the said schooner Eliza whose profits are intended to aid in the support of my unmarried children at large except my son William Legg already provided for shall in reality become the sole property of my said son John Legg but the profits and all other covenants to continue the same as if my son John Had never arrived until the marriage of my said son John at which time the profits and all expenses whatsoever arising out of or attendant on my said vessel shall be equally divided and defrayed by my sons John Legg and William
It is further my will and desire that the rents and profits arising out of my landed property and the half of my said vessel shall be appropriated to the providing of food and other necessary and reasonable expence consequent upon the comfortable support of my unmarried children the same as I now enjoy and that the rents and profits accruing from each particular bequest shall be appropriated to the providing of suitable apparel for each individual legatee
It is my further will and desire that as my daughters marry or otherwise settle in life they shall from thence use occupy and enjoy their individual bequests and no more
It is further my will and desire that should a fire or any other general calamity deprive my unmarried daughters of sufficient support from rents and profits arising out of my landed possessions that the profits of my said schooner Eliza or any other vessel that may at any time be purchased out of monies obtained by her or through her means shall be immediately appropriated towards the general support of my unmarried or unsettled daughters until sufficient funds can be again realised otherwise for that purpose
It is further my will and desire that whatever monies or credits I may possess at the time of my decease shall after defraying the expenses of my funeral be employed by the executors to this my last will and testament for the mutual improvement and advantage of my estate and family resident on the premises
It is my further will and desire that my daughters Eliza and Anna Maria shall be the sole and absolute successive superintendents of all the family and domestic establishment and that neither of my sons John, James nor William Legg shall introduce a wife or family into the family of my unmarried daughters without mutual consent being first sought and obtained And further that neither of my daughters shall on any consideration whatsoever introduce a husband nor children as residents into the said family And further that should either of my daughters marry or die childless the respective bequest with all the improvements or defects shall revert to my sons- and be applied as hereinafter appointed And should either of my sons die childless the bequeathed property shall revert to the survivors And further should either of my sons die and leave a widow the sum of Twenty pounds current money as aforesaid per annum shall out of my estate goods and chattels on each successive New Year's day be paid by my executors or their heirs to each and every such widow during their or her natural life or widowhood and no longer
And further it is my will and desire that my daughters who may be married at the time of my decease shall then immediately hold and enjoy her or their respective bequests with all profits thence arising
It is further my will and desire that the respective bequests to each and every of my children above named or to be after named shall be disposable by them or any of them (except the above named schooner) only by legal will and testament
And it is my further will and desire that all other lands houses goods and chattels not herein named and bequeathed subject however to the above annuities and annual allowances shall be appropriated to the joint several and equal benefit and advantage of my three sons John James and William Legg and their heirs lawfully begotten not by division of lands and tenements but by a just and impartial division of the profits rents and other income arising out of my whole unspecified and otherwise disposed of estate and effects after first of all discharging all just and lawful debts and also after defraying all necessary and incidental charges for repairs and otherwise and further it is my will and desire that should my sons James and John Legg or either of them reside in another country and otherwise at a distance from the town the next and just income arising as above set forth shall by the joint concurrence of the executors of this my last will and testament or their heirs male and my son William Legg or his heirs be invested in his or their proper name or names and under his or their the said John or John and James Legg's sole direction in good and sufficient Government securities and the same disposal and investment shall also be made by my executors to be under named or their heirs should my son William Legg be at any time absent and beyond the possibility of acting in his own behalf in his name and under his sole direction
And further it is my will and desire that on the marriage of the last unmarried of my daughters the furniture and other moveables then in the house now occupied by myself and my family or any other house built for a family residence and furnished out of my estate and effects shall be equally divided among my surviving sons or their heirs after complying with the above appointed and demised bequests
And further it is my will and desire that which of my sons soever shall occupy the family dwelling house after the marriage last mentioned or before by the consent aforesaid shall be free of all rents and charges personally in consideration of superintending the interests of all who shall be justly entitled to any profits and advantages arising out of the joint and individual rights of my sons John James and William Legg
And lastly I do by these presents make nominate constitute and appoint Edward Pike son of Francis Pike deceased and Moses Wiltsheare both of Carbonear aforesaid executors of this my last will and testament hereby revoking cancelling and disallowing all and every former will and wills and testament and testaments by me heretofore made.
In witness whereof I have hereunto set my hand and seal and the after named witnesses have set their hands in my presence and in the presence of each other this twenty eighth day of August in the year of our Lord one thousand eight hundred and thirty nine allowing the above red ink interlineations. James Legg his mark X(LS)
Signed sealed and declared by the above named James Legg to be his last will and testament in the presence of us
Wm. Best. Matthew McKee. Joseph Peters.
We William Best Matthew McKee and Joseph Peters hereby certify that we each saw the other and together saw the above named James Legg sign each our respective name as above and James Legg make the sign of the cross underneath his name and affix his seal opposite the said sign the day and year above written. Wm. Best. Matthew McKee. Joseph Peters.
D. M. Browning
|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 (March 18, 2003)
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