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A Collection of Newfoundland Wills
(M)
Alfred Mayne

 

Will of Alfred Mayne
from Newfoundland will books volume 2 pages 24 to 27 probate year 1851.

In re
     Alfred Mayne       deceased.

This is the last will and testament of me Alfred Mayne of Harbor Grace in the Island of Newfoundland Attorney at Law,
I give and bequeath to my daughter Emily the bed, bedstead and bedding, chest of drawers, looking glass, washstand and all other furniture and articles in use in her bedroom at the time of my death.
I give and bequeath my Piano to my daughter Ann Elizabeth,
And I give and bequeath to my dear wife Anne Sarah all the remainder of my household furniture, plate, linen, cattle and all other moveable goods and chattels I may die possessed of to be used during her natural life or sold and disposed of in such manner as she may think proper and see necessary for the support of herself and such of my children being daughters as shall be unmarried or being sons shall be under the age of fifteen years and unable to provide for themselves, I also give and bequeath to my said dear wife my dwelling house and premises on which I now reside together with the piece of ground back of Nicholas and Bradbury's premises called the Plantation the piece of ground used as a Manure yard and the small garden adjoining the house and garden formerly belonging to William Brown, the garden formerly belonging to Robert Courage, the houses and premises now under lease to John Byrne and Silas Napton, also my share and interest in the houses and premises known as the Jersey Rock and all other lands and premises whatever which I may die possessed of to let the same from time to time as she shall think proper for the highest rents she can or may be able to obtain for the same for such term or terms of years as she may agree for, not exceeding twenty one years, and the rents thereof to demand and receive during her natural life and the same to apply to the support of herself and such of my children being daughters as shall be unmarried or being sons as shall be under the age of fifteen years as hereinbefore mentioned I also desire that should my said dear wife see fit to dispose of cattle, farming utensils, household furniture or other moveable property not required by her the proceeds thereof if not wanted for the immediate support of herself and the children hereinbefore mentioned shall be placed out at interest together with any other monies received by her and not required for the purposes aforesaid, and the interest thereof received and applied by her in the manner before mentioned.
I also give and bequeath to my said wife all such sum or sums of money as shall at the time of my death be due and payable to me from the Scottish Amicable Life Insurance Society upon any and all policies of insurance affected by me in that Office the same to be placed out at interest by her in Government securities in this country or on secure and undoubted mortgages on lands unencumbered and the interest thereof to receive and apply to the same purposes as all other monies hereinbefore referred to. And it is my further will and pleasure that should my said dear wife happen to die before my daughters shall be married or otherwise provided for, or before all my sons shall have attained the full age of fifteen years, no division or any part of my property shall take place but the whole of the rents and interest of money made liable for their support until my said daughters shall be married or otherwise provided for and all my said sons shall have attained the full age of fifteen years at which time (provided all my just debts shall have been fully paid) all my property shall be divided in the following manner, namely,
the southern half of the piece of land back of Nicholas and Bradbury's premises called the Plantation divided by a line ran from east to west and the garden formerly belonging to Robert Courage shall be the property of my son John and his issue lawfully begotten.
My one third of the Jersey Room together with the store and the eastern half of the land south of the street on the sea side opposite the premises on which I now reside I give and bequeath in equal proportions to my sons Alfred James and Robert and their issue lawfully begotten.
The house and premises occupied by Silas Napton east of Keefe's Hotel I give and bequeath to my son Horatio and his issue lawfully begotten
and the house and premises adjoining in the possession of John Byrne I give and bequeath to my son William Henry,
the western half of my waterside premises south of the street in front of my dwelling house and my undivided share of the property known as Pynns Estate both in possession and expectancy together with that small garden between the walls north of the manure yard shall become the property of my son Samuel and his issue lawfully begotten.
The dwelling house in which I live with the land and premises thereunto attached extending from the Main Street to John Nicholas's garden on the North shall become the property of my son Edwin and his issue lawfully begotten.
The house garden and premises formerly belonging to William Brown Junior and the piece of land used by me as a Manure yard I give and bequeath to my daughter Emily and her issue lawfully begotten.
The northern half of the piece of land back of Nicholas and Bradbury's premises together with the Marsh back of Courage and others I give and bequeath to my daughter Anne Elizabeth and her issue lawfully begotten
It is likewise my will and desire that the sum of one hundred and fifty pounds currency now placed out in Government security in the name of John Stark, John H. Mayne and John Fitzgerald in trust under deed for the support of my wife and other purposes being the proceeds of a decree in her favor in the Supreme Court against the representatives of the late Charlotte Cawley together with the interest arising thereon shall be disposed of by my said dear wife in such manner as she shall by her last will and testament duly made and executed limit and appoint, and in the event of her dying without making and duly executing a will then the said sums of money with all balance of interest due thereon shall at her death become the property of my son Cawley Charles and his issue lawfully begotten. I likewise give and bequeath to my said son Cawley Charles and to his issue lawfully begotten all those lands and premises formerly belonging to his mother, namely, that piece of land north of the Barrack, Doctor Stirling's land and John Webber's premises including that under lease to Michael Maddock at five pounds p annum that piece of land opposite the premises occupied by Mr. John Fitzgerald south of the main street and two pieces of land north of Mr. Fitzgerald's house, the three latter pieces being my said dear wife's share and proportion of her father's estate. It is however clearly to be understood and it is fully my intention and meaning of this my will that no part whatever of the aforesaid lands or premises shall at any time be liable in any way for the payment of any debts contracted or which may be contracted by any or either of my said children but should any or either of them happen to die without lawful issue then his her or their share or shares shall revert to my surviving children and their issue lawfully begotten.
And I further will and direct that after the death of my said dear wife the marriage of my daughters and my youngest child shall have attained the full age of fifteen years, all money belonging and appertaining to me and all other property whatever and hereinbefore disposed of shall be equally divided amongst all my children both by the first and second marriage.
And lastly I do hereby nominate and appoint my said dear wife executrix and my friend John Munn, Esquire, Executor of this my last will and testament during the life of my said dear wife, and at her death, I direct that my sons Alfred James and Robert shall become Trustees of my estate for the benefit of all my children in the manner hereinbefore limited and expressed, Alfred Mayne (LS)
Signed sealed published and declared by the said Alfred Mayne as and for his last will and testament in presence of us, who in his presence and at his request and in presence of each other have subscribed our names as witnesses hereunto this twentieth day of March in the year of our Lord one thousand eight hundred and forty seven. Thos. Danson, J.P.   Robt. Uno. Pinsent, J.P.    James Power, J.P.

Certified Correct,
D. M. Browning
Registrar

 

 

Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written 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 and Ivy F. Benoit

Page Revised by Ivy F. Benoit (December 16, 2002)

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