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A Collection of Newfoundland Wills
(M)
Dugald MacKellar

Disclaimer: The wills for volumes 1 and 2 are not made from the original will books, but rather from a set of books written up from the originals about 100 years later. The 1846 hand written will book that we are putting up along with the wills from the volume 1 will book, is not the original will book. It was made, probably within a decade of the death of the testators, but it is not an exact replication from the original will book.

 

Will of Dugald MacKellar
from Newfoundland will books volume 1 page 495 probate year 1847

In re Dugald MacKellar      deceased.

Altho now in perfect good health I know not how soon or when it may please God to call me hence and I deem it prudent to make this memorandum as to the way in which I wish any property I leave behind me disposed of. If my old father survives me (after the payment of all my own lawful debts) it is my wish & request that all the money that may be due to me on the books of Jas. Hunters & Co. or any where else be invested in good & sufficient security giving my father during his lifetime the benefit of the interest after his death the whole to be divided as follows, to my brother John one eighth part of the whole sum failing him his children (if any) in equal proportions To my sister Mary one eighth during her lifetime afterwards to be divided equally between her two daughters, to my brother Donald two eighth parts, to my brother Archibald one eighth part failing him his children if any, to my sister Henrietta one eighth part failing her her children if any To my nephew Neil McDougall two eighth parts charging him with the guardianship of my dear little boy William Fraser conformably to the promise I made his father on his death bed viz to educate Willie bring him up to business and treat him in all respects as if he were my own till such time as he is able to provide for himself, to my said nephew Neil I leave also all my books pictures & other menues with exception of my gold watch & the gold ring presented to me by the late Mr. Fraser these I leave to dear Willie Fraser another gold ring presented to me by Mr. Adam Tuck I leave to my good & long tried friend George Logan In the event of the decease of any of the aforesaid legatees before distribution takes place the share or shares of such to be equally divided amongst the survivors. Mr. George Logan and my nephew Neil will please see my wishes carried into effect.
Written at St. John's Newfoundland this 26 day of September 1845. Dugald MacKellar
Witness,     John C Crawford,   John McLennan

Certified correct
D.M. Browning
Registrar


Will of Dugald MacKellar from Newfoundland will book labeled, "REGISTRY OF WILLS 1846," pages 12 to 14 probate year 1847.
(The name is clearly spelled MacKellar, MaKellar and Makellar in this hand-written will)

Altho now in perfect good health I know not how soon or when it may please God to call me hence. And I deem it prudent to make this memorandum as to the way in which any property I leave behind me disposed of. - If my old father survives me (after the payment of all my own lawful debts) it is my wish and request that all the money that may be due to me on the books of James Hunter & Co. or any where else, be invested in good and sufficient security giving my father during his lifetime the benefit of the interest, after his death the whole to be divided as follows - to my Brother John an eighth part of the whole sum failing him his children (if any) in equal proportions - To my Sister Mary one eighth during her lifetime afterwards to be divided equally between her two daughters - To my brother Donald two eighth parts - To my brother Archibald one eighth part failing him his children if any - To my sister Henrietta one eighth part failing her her children if any - To my nephew Neil McDougall two eight parts charging him with the guardianship of my dear little boy William Fraser conformably to the promise I made his father on his death bed Viz. to educate Willie: bring him up to business and treat him in all respects as if he were my son till such time as he is able to provide for himself - To my said nephew Neil I leave also all my books furniture and other moveables with exception of my Gold watch and the gold ring presented to me by the late Mr. Fraser - These I leave to dear Willie Fraser - Another gold ring presented to me by Mr. Adam Tuck I leave to my good and long true friend George Logan. In the event of the decease of any of the aforesaid Legatees before the distribution takes place, the share or shares of such to be equally divided amongst the survivors. Mr. George Logan and my nephew Neil will please see my wishes carried into effect.
Written at St. John's Newfoundland this twenty sixth day of September 1845. Dugald MaKellar
Witness, John C Crawford,    John McLerman

In the Supreme Court. In the matter of the will of Dugald Makellar, late of St. Johns, Merchant, deceased.
John Clarke Crawford of St. Johns in the Central District, Gentleman, one of the subscribing witnesses to the execution of the written will maketh oath and saith that he was present and did see the Testator therein named Dugald Makellar, duly sign, publish and declare the same to be his last Will and Testament in the presence as well of this Deponent as of John McLerman, the other subscribing witness thereto. And this Deponent further saith that at the time of Signing and publishing his said Will the said Testator was of sound and disposing mind and memory to the best of Deponent's Judgment and belief. John Clarke Crawford.
Sworn before me at St. Johns this 12th day of January A.D. 1847. George Anderson.

 

 

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 Benoit (August 8, 2002)

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