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A Collection of Newfoundland Wills
(M)
William Martin

 

Will of William Martin
from Newfoundland will books volume 2 page 590 probate year 1866

Estate of William Martin
late of Harbor Grace
Schoolmaster deceased

Probate granted to the Execs
named in will

Dated January 31st. AD 1866

Estate sworn under $1850

Entd in PR Vol 3
Page 548
G.R.L.

To the Honorable The Chief Justice or one of the Assistant Justices of the Supreme Court of Newfoundland
The Petition of Patrick Devereaux and Hugh W Trapnell of Harbor Grace, Merchants

Humbly Showeth -

     That William Martin late of Harbor Grace aforesaid, Schoolmaster, died in the present month of December, having previously as Petitioners believe made and executed his last Will and Testament whereby he appointed Petitioners the Executors thereof -

     That Petitioners believe the annexed to be the true last Will and Testament so made by the said William Martin.
     That at the time of the decease of the said William Martin he had a fixed place of residence in Harbor Grace aforesaid.
     That the said William Martin died possessed of property of the value of about Eighteen hundred dollars.
     Petitioners therefore humbly pray that your lordship will be pleased to grant them probate of the said last Will and Testament -
     And as in duty bound will ever pray

Harbor Grace
December 30, 1865
P Devereaux LS
H W Trapnell LS

Harbor Grace
Court
Patrick Devereaux and
Hugh W Trapnell the

persons named in the foregoing petition severally make oath and say that the several matters and things therein contained are right and true -

Sworn before me by the said
Patrick Devereaux and Hugh
W Trapnell
at Harbor Grace
Aforesaid this 3rd. day of January
1866
P Devereaux LS
H W Trapnell LS

Undecipherable signature
Comms Aff

This is the last Will and Testament of me William Martin of Harbor Grace in the Island of Newfoundland, Schoolmaster - I desire in the first place that after my decease, all my just debts, funeral and testamentary expenses be paid out of my Estate - Secondly I give devise and bequeath the House and premises which I now occupy to my wife Elizabeth Martin to hold the same during her natural life and after her decease to my nephew Isaac Martin his Heirs and Assigns for ever but should the said Isaac Martin die before my said Wife without leaving lawful issue then I give devise and bequeath the said House and premises to his Brother Archibald Martin his Heirs and Assigns for ever - Thirdly - Out of any moneys or other property that I may die possessed of or be entitled to, and out of the interest and other profits arising therefrom, I give, devise and bequeath the sum of one hundred dollars to be paid annually to my said wife during the term of her natural life - that is twenty five pounds currency each year - and after her death should any money (the original word "property" was stroked out and the word money written above) of my estate remain unexpended I give, devise and bequeath the same as follows, two thirds thereof to my said nephew Isaac Martin and one third thereof to my nephew Thomas Martin and if either of them should die before my said Wife without leaving lawful issue I give, devise and bequeath his share to the others of them     Fourthly - In case my said Wife shall hereafter marry she shall then cease to have any claim whatever upon the property and money hereinbefore bequeathed to her and shall be regarded for the purposes of this my Will as if she were deceased and the property and money hereinbefore mentioned shall go to the others of my legatees if she were deceased. In witness whereof I have hereunto set my hand and seal this twenty ninth day of November AD one thousand eight hundred and sixty five and hereby appoint Mr. Patrick Devereaux and Mr. Hugh W Trapnell both of Harbor Grace merchants Executors of this my will who I direct shall not be personally liable for any loss or damage which may arise or be sustained by my Estate from any cause whatsoever -

William Martin LS
Signed sealed, published and declared
By the said Testator William Martin
as and for this last Will and Testament
in presence of us who in his presence
and in the presence of each other
have hereunto subscribed our names
as Witnesses to the due executor
hereof -
      John Hayward LS
      Mark Parsons LS

The words "money" and the words
"without leaving lawful issue" being
first interlined -

John Hayward LS
Mark Parsons LS

Harbor Grace     John Hayward of Harbor Grace in the Island of Newfoundland, Barrister at Law, maketh Oath and saith that he was present on the day of the date of the before written last Will and Testament of William Martin and did see the said William Martin the testator named therein duly sign, publish, declare and execute the same and that Mark Parsons the other witness to the said Will was also present and did see the said William Martin duly sign, publish declare and execute the same and that this Deponent and the said Mark Parsons did then in the presence of the said William Martin sign their names to the said Will and Testament as Witnesses to the due executor thereof - and that at the time the said William Martin so signed, published, declared and executed the same he was of sound and disposing mind, memory and understanding

John Hayward LS
Sworn before me at Harbor Grace
this 3rd. day of January, 1866

Undecipherable signature
Commissioner of Affidavits
Supreme Court

 

 

Page Contributed by Geoff Martin

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013 AST)

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