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A Collection of Newfoundland Wills
Herbert Mercer



Will of Herbert Mercer
from Newfoundland will books volume 7 pages 432 to 434 probate year 1905

In re the Estate of Herbert Mercer       deceased

This is the last will and Testament of me Herbert Mercer of Saint John's Clerk in Surveyor generals Department

  • First    I give devise and bequeath to my son Arthur Herbert Mercer one undivided third part or share of all the lands property goods chattels and effects to which I am entitled or in which I am interested under a deed of assignment in trust dated the 28th day of May A.D. 1889 made between my father Isaac Mercer of the one part and Donald Morrison Trustee of the other part and registered in volume 7 pages 315, and 317 of the Registry of Deeds of the Island of Newfoundland to hold the same to the said Arthur Herbert mercer for ever
  • Second    In the event of my said son dying without leaving issue I give devise and bequeath the said one third part or share to my father Isaac Mercer for ever.
  • Third    It is my wish and desire and I hereby will and direct that my father shall have the right to use occupy and enjoy the said one third part or share bequeathed to my son Arthur Herbert until my said son shall attain the age of eighteen years upon paying to my wife or my executor hereinafter named the yearly rent or sum of fifty dollars for the said one third share
  • Fourth    Should my wife desire to occupy the dwelling house referred to in said deed of assignment she shall have the right to occupy the same in common with my father Isaac Mercer together with one half of an acre of land and in that event the rent or sums payable by my father shall be reduced to the sum of twenty five dollars per year
  • Fifth   It is further my wish and desire that in the event of my said son being desirous of selling or leasing the said one third part or share hereby bequeathed he shall give the preference of purchasing or leasing the same to my father the said Isaac Mercer.
  • Sixth   I give devise and bequeath to my father Isaac Mercer the remaining two undivided third parts or shares of the said lands property goods chattels and effects for ever I give devise and bequeath to my said wife all other estate property and effects of which I shall die possessed
  • Seventh   I appoint Donald Morison of St. John's solicitor executor of this my will

Witness my hand at St. John's this 6th day of June A.D. 1893.   Herbert Mercer.
Signed published and declared by the said Testator as and for his last will and testament in our presence who in his presence and the presence of each other have hereunto subscribed our names as witnesses   D. Morison.    Fred W. Knight

It is my wish and desire that the one third share bequeathed to my son Arthur Herbert shall be free and clear of any liability for the sum of one hundred dollars payable by me to my sister under the deed of assignment referred to in the foregoing will and that the said sum of one hundred dollars shall be payable by my father Isaac Mercer out of the two thirds of said property bequeathed to him St. John's June 6, 1893 Herbert Mercer.    Witnesses    D. Morison.   Fred W. Knight

I certify the foregoing to be a correct copy of the last and testament of Herbert Mercer.
D. M. Browning


(Listed in the margin next to this will the following)
Jan 28. 04(?)
Emerson J.
admt. cta.
granted on the
3rd day of
February 1905
to D. M. Browning



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, Wendy Weller and Ivy Benoit

REVISED BY: Ivy F. Benoit May 3, 2002

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