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Will of Stephen March
This is the last will and testament of me Stephen March now residing at Torquay in the County of Devon and formerly of Saint John’s in the Island of Newfoundland Merchant I direct the payment of my just debts and funeral and testamentary expenses as soon as conveniently may be after my decease I give and bequeath unto my dear wife Martha March the sum of fifty pounds sterling to be paid to her half yearly in cash out of the business of Stephen March and Sons at Saint John’s Newfoundland aforesaid so long only as she shall remain my widow and unmarried And I hereby direct my trustees hereinafter named to obtain or otherwise procure a good or like sufficient security and guarantee from my sons who carry on the said business for the due and punctual payment of the said sum of fifty pounds half yearly as aforesaid I also give and bequeath unto my said wife all and singular my household goods furniture plate linen and other effects belonging to me at the time of my decease for and during the term of her natural life- And from and after her decease I direct that the same shall form part of my residuary estate- I give and bequeath unto my daughter Jemima Knight the sum of one hundred pounds. I give and bequeath to my brother John March the sum of fifty pounds. I give and bequeath to my sister Ann Cranton the sum of fifty pounds I give and bequeath unto the Newfoundland Branch of the Bible Society the sum of fifty pounds the same to be spent in Newfoundland All the rest residue and remainder of my property goods chattels and effects monies and securities for money (together with the aforesaid furniture and other effects after the interest therein of my said wife shall have ceased) and which I hereby designate my residuary estate I give devise and bequeath unto my children hereinafter named that is to say Anna March, Julia March, Charlotte March, Stephen March and Emma Dunn in such shares and proportions so that those of my children who shall be unmarred at the time of my decease shall each have twice as much for their respective shares as those of my children who shall be married at the time of my decease. But my will is and I hereby expressly direct and declare that the shares of my said children respectively shall not be drawn from or taken out of the said business for the space of five years after my decease but that interest on such respective shares shall be paid half yearly to the parties entitled thereto by the persons carrying on the said business such interest to be agreed upon and settled by and between such last named persons and my Trustees herein named And I hereby authorize and empower my trustees to obtain all necessary documents and securities for carrying this my will into effect so as to protect and secure the several shares to which my said children may be entitled hereunder.
And I hereby declare that nothing herein contained shall operate so as to prevent the persons carrying on the aforesaid business from paying off all or any of the shares of my said children entitled thereto before the expiration of the said term of five years on giving to such of them as they may desire to pay off three calendar months notice in writing of their intention so to do. I hereby appoint William Pitts of Saint John’s Newfoundland Merchant, my son Stephen March of Saint John’s aforesaid Merchant and James Jefferies of Torquay aforesaid Gentleman to be executors and trustees of this my will with full power to sell and convert into money such of my property as may not consist of money and to invest and reinvest the same at their discretion and with full power for the survivor of them his executors or administrators (with the consent in writing of my said wife during her lifetime) to appoint another trustee if necessary with the like powers for the due carrying out of the contents of this my will I revoke all former wills by me at any time made and declare this only to be my last will and testament. As witness my hand this twenty-ninth day of September one thousand eight hundred and seventy-five- Stephen March. Signed by the said Stephen March the testator as and for his last will and testament in the presence of us being both present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses- Jno- Lane, 2 Bannercross Torquay- Richd S- Lane 1 Madrepore Rd Torquay.
Memorandum. My will is that my trustees may at any time during my wife’s lifetime and with her consent in writing sell and absolutely dispose of the said household goods furniture plate linen and other effects and invest the proceeds arising from such sale and pay the interest arising therefrom unto my said wife for and during the term of her natural life Dated this same twenty nineth day of September 1875. Stephen March- Witnesses, Jno Lane- R.S. Lane.
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 and also no paragraphs. 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. However, in some of the very long wills, we have tried to insert paragraphs to make it easier for the researcher to read the document.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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