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Will of Kenneth McLea
The last will and testament of me Kenneth McLea of St. John’s in the Island of Newfoundland Merchant. I hereby revoke all former wills and codicils by me made and appoint John Brien McLea of St. John’s aforesaid Merchant, Matthew William Walbank of the same place Barrister at law and Thomas R. Smith also of St. John’s Merchant, to be the executors of this my last will.
First It is my will and desire that all the monies which I shall have embarked in the trade carried on by myself and sons as Merchants under the style of “Kenneth McLea & Sons” shall remain in the hands of my surviving partners for a period not exceeding four years next after my decease subject to the payment of interest for the same at the rate of five pounds per centrum per annum payable by my said partners yearly and every year until my capital shall have been paid to my said executors provided always that if my said partners shall feel disposed to pay the same or any part thereof at any time before the expiration of the said period they shall be at liberty so to do and I desire that the interest arising out of my said capital invested as aforesaid shall be equally divided amongst all my children annually share and share alike.
Secondly It is my will and desire that so soon as my said executors shall have realized my said capital so invested as aforesaid they hold the same upon the following trusts viz. in trust to divide the same share and share alike amongst my said executor John B. McLea and his brothers James J. McLea and Robert P. McLea and his sisters Elizabeth Jane, Jeanie Catherine and Catherine Harriet and in case of the predecease of any or either of them leaving lawful issue the share of such child or children shall go to his her or their issue in equal proportions and that the foregoing bequests to my daughters above named shall be held by them independent of any present or future husband or husbands and not subject to his or their debts or control.
Thirdly, I give devise and bequeath unto my said executors all the profits and monies which shall accrue to me out of and arising from the said trade from and after the first day of January last and up to the time of my decease or a term equal thereto upon trust to divide the same between my said daughters share and share alike and in case of the predecease of any of them leaving lawful issue the share or shares of such deceased daughter or daughters to be divided equally amongst her or their issue and I will that my said daughters hold the last mentioned legacy independent of any present or future husband or husbands and not subject to his or their debts or controul.
Fourthly, I give devise and bequeath to my mother-in-law Mrs. Elizabeth Brine the annual sum of fifty pounds to be paid to her in each and every year during her natural life.
Lastly. All the rest and residue of my estate and effects of whatever nature or kind soever and wheresoever situate I give unto my said executors upon trust to divide amongst my executor John B. McLea and his said brothers and sisters share and share alike the sisters to hold their shares independent of any present or future husband and not to be subject to his or their debts liabilities or controul. And in case of the predecease of any of my said children leaving lawful issue then the share of such child or children to be paid to his her or their issue in equal proportions. In witness whereof I have hereunto set my hand and seal at St. John’s aforesaid this eleventh day of June A.D. one thousand eight hundred and sixty one. Ken McLea (LS) Signed sealed published and declared by the testator Kenneth McLea as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses, Angus McInnes, Thos. Winsborrow.
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 Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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