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Will of James Martin
This is the last will and testament of me James Martin of Saint John's Tailor. I appoint George Dicks of Saint John's Sailmaker Alexander Shirran of the same place Merchant and Donald Morison of the same place Barrister-at-law and the survivor of them executors of this my will and I hereby devise and bequeath to them all my estate monies chattels and effects of what nature and kind soever to be held by my said executors and the survivor of them upon the following trusts and conditions namely:
First: To pay all my just debts funeral and testamentary expenses.
Second, To permit my beloved wife Leonora to occupy the dwelling house shop and premises now occupied by me and to hold and use the household goods and furniture contained in the said dwelling house for and during her natural life subject to the right to my son Arthur William hereinafter provided for to occupy the said shop at rental of eight pounds tens shillings per annum.
Third, To hold in trust all monies which at the time of my death shall be deposited in the Commercial Bank of Newfoundland and the Newfoundland Savings Bank and all interest which shall accrue and become due thereon and to add the said interest annually to the said principal. And I do hereby authorize and empower my executors and the survivor of them, should they or he consider the income of my said wife Leonora already provided for insufficient for her support and the support and maintenance and education of our children to apply such portion of the said monies as they or he shall consider sufficient and necessary for those purposes.
Fourth, It is my will that my executors shall immediately after my death transfer to my son Arthur William all my stock in trade, sewing machines and all tools and implements in connection with the trade of which I shall die possessed upon the express condition that my said son Arthur William shall pay to his mother the sum of twenty five pounds annually for two years commencing on the first day of January next succeeding the date of my death. It is also my will that my said son Arthur William shall be allowed to occupy the shop so long as he shall desire to do so at an annual rent of eight pounds ten shillings to be paid by him to his mother.
Fifth, upon the death of my said wife I desire that my executors or the survivor of them shall divide all such goods monies and property as shall then remain (save and except the wearing apparel of my said wife) equally between such of my children as shall then be living share and share alike, the shares of all children under twenty-one years of age to be deposited in Bank for them until they shall attain to that age. Witness my hand at Saint John's aforesaid this thirteenth day of March A.D. 1883. James Martin. Signed, published and declared by the said testator as and for his last will and testament in the presence of us who in his presence and the presence of each other have hereunto subscribed our names as witnesses, D. Morison, Fanny Mary Bridgeman.
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 Joanne Connors Parandjuk
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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