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Will of Thomas Samuel Marshall
This is the last will and testament of me Thomas Samuel Marshall Firstly I desire that all my just debts funeral and testamentary expenses be paid and satisfied by my executrix hereinafter named as soon as conveniently may be after my decease and Secondly I give devise and bequeath unto my wife Selina Marshall all my property in Railway Shares the particulars of which are expressed in my account Book marked C. Also the ground at St. John’s Newfoundland on which James Cox has built a house on lease for forty years from the first of May 1850 at £50..5 sterling per annum Also a large plot of ground at St. John’s aforesaid contiguous to the properties in Duckworth Street of the late Mr. Flond and the late Mr. C. Winton let for thirty pounds currency per annum on a lease for thirty years from October 1856 to Mr. W. T. Ward who was bound to erect a dwelling house thereon within two years from the date of the lease Mr. Ward has died a further term therefore of seventeen years from 1886 at a similar rent has been granted to his widow Also a Newfoundland Government debenture of seventy pounds currency bearing interest at 5 per cent per annum being the compensation for a strip of land measuring 69 feet by 20 feet taken by the Government for widening the Fire Break now named Cathedral Street running along by my property off Duckworth Street Also my house and garden at Heavitree near Exeter with the fixtures and furniture thereto belonging Also what money belonging to me unconverted may be in the place of my residence at the time of my decease or that may be invested in any Joint Stock Bank or otherwise of which my Account Book marked C. as above will show the particulars I desire that my brother Lemon William Marshall formerly of the Barrack Department Pendennis Castle Falmouth but now in 1863 living in the house of his son in law Captain Walcombe at Hillsborough Downshire Ireland if he survive me and should require a little pecuniary assistance to add to the comforts of extreme old age may at the discretion of my wife or son be supplied annually according to his exigencies to the extent of from £5 to £10 It is my wish that my wife Selina Marshall aforesaid should enjoy and have a perfect control of the preceding property during the term of her natural life that on her departure from this world my only surviving son the Reverend Thomas Lethbridge Marshall a Unitarian Minister should inherit and hold it at his perfect disposal for his own benefit and that of his wife and children But if his wife Mary Elizabeth Marshall should survive her husband and marry again it is my earnest request that what remains of the property now stated be inherited by the children of the said Thomas Lethbridge Marshall and that in this case such property should be equally divided among them and the better to promote my design I desire that the said property should be committed to the care of Trustees judicially appointed and at a suitable age dispensed accordingly the widow of my said son enjoying the income derivable from it during her widowhood and no longer but by no means having the power to sell the whole or any part thereof either for her own benefit or that of any other person and I nominate constitute and appoint my wife Selina Marshall aforesaid executrix of this my will and hereby revoking all former or other wills by me at any time heretofore made I declare this to be my last will and testament In witness whereof I the said Thomas Samuel Marshall have to this my last will and testament set my hand the twenty sixth day of October one thousand eight hundred and sixty three- Signed by the testator- Thomas Samuel Marshall In the presence of us present at the same time who have hereunto subscribed our names as witnesses in the presence of the said testator and of each other- Francis Shute, Gent. Heavitree. James Cooper, Unitarian Minister, Topsham.
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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