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A Collection of Newfoundland Wills
(M)
Robert Miller

 

Will of Robert Miller
from Newfoundland will books volume 6 pages 221-223 probate year 1895

Last Will and Testament of
Robert Miller of Topsail
Farmer deceased.

      In the name of God Amen I Robert Miller of Topsail South Shore of Conception Bay Newfoundland, being through the goodness of Almighty God of sound mind and memory but aware of the uncertainty of human life do make publish and declare this my last will and Testament that is to say first I recommend my soul to Go who gave it and desire my body may be decently buried in Topsail Methodist Burying ground in place selected by me for my family interment. With respect to my worldly goods I give bequeath and devise my estate and property as follows.
First I give and bequeath to my daughter Julia Ann Perry and her husband William Perry all that piece or parcel of land on which my dwelling house stands, bounded as follows, on the east by land owned by Sir Jas. S. Winter and road leading to sea side, on the west by land owned by my son Joseph Miller on the south by main road and on the north by the sea together with my dwelling house wall house and dairy also half my stable, my son Joseph Miller to have the use of the other half until he builds one he William Perry to assist him in the building of said stable after that said William Perry to have sole right to the whole of my stable, measurement of land to be as follows frontage by main road 164 one hundred and sixty four feet, on the sea side (160) one hundred and sixty also part of property willed by me to my two grandchildren Daniel and Howard Miller, for his use untill they arrive to the age of twenty one years unless by the mutual consent of all parties concerned. They may sell before they come to the age of twenty one years as may be hereafter provided in my will. This piece of land contains the sowing of six barrels of potatoes put in with plough under good cultivation and bounded by land owned by John Barnes on the west and on the east by Millers Road in consideration for which he William Perry is to look after both me and my wife for the period of our natural life. Said property to never go out of but always remain in the name of Perry or Miller.
I also give and bequeath to my son Joseph Miller all that piece of land west of my stable and bounded as follows on the east by land herein willed by me to Julia and William Perry on the south by Main Road on the west by land owned by John J. Butler and on the north by the sea. Also all that piece of land east of Sir Jas S. Winters and bounded as follows on the east by land owned by Annias Miller, on the south by Main Road, on the west by land owned by Sir Jas. S. Winter and on the north by the sea. My son Joseph Miller binding himself to comply with the (viz) that he will erect (or see erected) 4 head stones, one each to myself and my wife and two to the other four now lying in the burying ground on the faithful performance of such the aforementioned piece of land to immediately fall in his possession. I also give bequeath and devise to my son Joseph Miller my horse and carriage and all other farming utensils that may be on my place at the time of my death, also any stock that may be there at the time of my death. I also give and bequeath to my two grand sons Daniel and Howard Miller that piece or parcel of land on the south of main road and bounded as follows on the east by land now in the occupancy of Mrs. J. Coaker and land in the occupancy of Mrs Esau Harding and Millers Path on the south by land owned by my son Joseph Miller, on the west by land owned by my son Joseph Miller and on the north by main road the frontage to be equally divided by main road and running back to land herein mentioned as in the occupancy of Wm Perry the whole containing 7 or 8 acres more or less: The said Daniel and Howard Miller to come in possession of said land at the age of Twenty. My son Joseph Miller to occupy last mentioned piece of land untill Daniel and Howard Miller come to the aforesaid age 21 years one years. Should they then feel disposed to sell said land rather than occupy it They are to give my children which may be living at that time the first privilege of purchasing said land price to be decided by arbitration. They chosing two and my children two others the decision of such arbitrators to be final.
And last I hereby constitute and appoint my nephew Thomas Allen and William H. Churchill to be the executors of this my last will and Testament revoking and annulling all former wills by me made and ratifying and confirming this and no other to be my last will and Testament. In witness whereof I have hereunto set my hand and seal this twenty sixth day of May one thousand eight hundred and ninety four (sgd) Robert Miller (LS) Signed published and declared by the above named Robert Miller as his last will and Testament in presence of us who at his request have signed as witnesses of the same (sgd) Thomas Allen (LS) (sgd) Wm Churchill (LS)

      I certify the foregoing to be a correct copy of the last will and Testament of Robert Miller deceased

(Listed in the margin next to this will the following)
Fiat
Jos. I. Little
J.
Probate
granted to
Wm Churchill
& Thos. Allen
the Exors.
Dated
Aug 27: 1895
Estate
Sworn under
$1250.00

 

 

Page Contributed by Sheila Tiberio, Judy Benson & Ivy F. Benoit

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

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