Will of William Martin Senior
from Newfoundland will books volume 1 pages 388 to 390 probate year 1842
William Martin deceased.
In the name of God Amen, I William Martin Senior of Harbor Grace in the Northern District of Newfoundland, formerly a Planter and at present High Constable in and for the said District being far advanced in years and consequently rather weak in body but in perfect sound mind and memory and considering the uncertainty of life do make this my last will and testament,
Firstly I give my body to the earth and my immortal soul to the Almighty God who gave me life in sure and certain hopes of a joyful resurrection at the last day, and it is my request that the costs of enterring my body all unnessary expenses may be avoided as decency will permit,
Secondly that any legal debts I may have contracted before my death that they may be first paid out of my personal property,
Thirdly as for my worldly goods and chattels also my lands and tenements situate in Harbor Grace aforesaid and now in my own possession which it hath pleased Almighty God to bestow on me consisting of my present dwelling house, outhouses stage, flake and the lands whereon they are situated and the lands surrounding the said buildings two gardens in front & south of my said dwelling house, and bounded on the south by the main street of Harbor Grace aforesaid together with the gardens and meadow land situate and adjoining on the north of my said dwelling house in Harbor Grace aforesaid which belongs to me and in my possession I give and bequeath all my said goods and chattels of every description as aforesaid and all such I may die possessed of together with my said dwelling house Cellar out Houses, Stage, Flake and the lands whereon they are situated, and the lands surrounding the said buildings two gardens in front and south of my said dwelling house and bounded by the main street of Harbor Grace aforesaid on the south together with the gardens and meadow land adjoining my said dwelling house on the north of every description now in my possession unto Thomas Danson Esquire of Harbor Grace at present the Keeper of the Rolls for the Northern District of Newfoundland, in trust for the use solely of Julia Martin the wife of my nephew Jonathan Martin son of my brother John Martin of Harbor Grace aforesaid, fisherman, and to the male heirs lawfully begotten by the said Jonathan Martin on the body of the said Julia Martin and in case the said Jonathan and Julia Martin have no male children after the death of the said Julia Martin then I will and bequeath the whole of my said property of every description to the female child or children which may hereafter be lawfully begotten by the said Jonathan Martin on the body of the said Julia Martin, and in case the said Jonathan Martin and Julia Martin shall have no male or female children living at the time of the said Julia Martin her decease, then all my said personal and real estate of every description shall revert to the said Jonathan Martin during his natural life after his death without lawful issue of his body in such case my said landed property and tenements as aforesaid shall become the property of William Martin son of my brother Robert Martin of Harbor Grace aforesaid Planter, and his heirs for ever, and further should the said Jonathan Martin die in the lifetime of his said wife Julia Martin who would be in such case, a widow, should she again contract matrimony all my said landed property together with the buildings and erections thereon from the time of the said Julia Martin entering into a second marriage it is my will and bequest shall from that time forward become the property of the heirs of the said Jonathan Martin lawfully begotten by him of the body of the said Julia Martin, in default of such heirs being male then the said landed property as aforesaid shall revert to the female heirs born of the body of the said Julia Martin by her said husband Jonathan Martin and in case no children be living at such time of the said Jonathan Martin and Julia his wife at the second marriage of the said Julia Martin then the reversion of all my said landed property and buildings or erections thereon I will and bequeath the same to my nephew William Martin son of my brother Robert Martin aforesaid anything said heretofore to the contrary notwithstanding.
Be it remembered that a few days back I executed a deed of gift to my niece Elizabeth Davis wife of William Davis of Harbor Grace aforesaid, now master of the schooner Repulse, on a sealing voyage, and sister of the said Jonathan Martin, of a garden lying south of my dwelling house and bounded on the north by the main street of Harbor Grace aforesaid, should Government order the said main street to be widened the part so to be taken into the said main street adjoining to be taken and widened from said garden in the said deed of gift I also gave unto the said Elizabeth Davis twenty feet of ground for erecting a stage or landing wharf to be taken from my waterside premises adjoining the waterside premises belonging to William Parsons of Harbor Grace, Planter, my neighbour. And further it is my will and bequest that the said Julia Martin during the lifetime of the said Jonathan Martin and while she remains the widow of the said Jonathan Martin in case of his death to enjoy all my personal and real estate or property as aforesaid during her natural life (but not otherwise as aforesaid) for her sole use and without any claim or pretended claim thereunto by her said husband Jonathan Martin and I do hereby divest the said Jonathan Martin of all authority over or direction in any respect over my said property of every description and I do hereby give the said Thomas Danson Esquire my full power and authority to act as Guardian or Trustee for and in behalf of the said Julia Martin and her heirs as aforesaid and for him the said Thomas Danson Esquire to appoint another Trustee with the same power as I have hereby given him for the sole use of my said property of every description being vested in the said Julia Martin and her heirs as aforesaid without hindrance of any person whatever. And I do hereby revoke and set aside all former wills and testaments which I may have heretofore executed or made to this date declaring this to be my last will and testament which I now solemnly declare the same. I do further appoint the said Thomas Danson Esquire to be executor to this my last will and testament to cause the same to be duly put in force and effect.
In witness whereof I have hereunto set my hand and affixed my seal at Harbor Grace aforesaid the twenty third day of March one thousand eight hundred and thirty three. William Martin (LS)
Signed sealed and declared by the said William Martin Senior to be his last will and testament in the presence of Matt Stevenson, Senr. Martin Kelly. Thos. Godden.
N.B. The words "without lawful issue of his body" were interlined as they now stand before the signing of this will and testament in the twenty fourth line and second page of this writing.
Matt Stevenson, Witness, Martin Kelly, Witness, Thomas Godden, Witness.
D. M. Browning