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Will of Elizabeth Mitchell from Newfoundland will books volume 5 pages 220-224 probate year 1888
Last will and Testament of Elizabeth
In the name of God Amen. I Elizabeth Mitchell of St. John's in the island of Newfoundland widow do make publish and declare this as and for my last will and testament
First I direct that all my just debts funeral and testamentary expenses shall be paid,
Second. I do hereby acquit, release and discharge my son Thomas of and from all debts and sums of money by him due owing and payable to me, and I do give devise and bequeath to my said son Thomas the sum of one hundred pounds currency, and also that part of my leasehold property situate on the East side and to the eastward of Prescott Street in St. John's aforesaid upon which the stable and coach house now stands and also that part thereof which lies between the said stable and coach house and Flowers Lane but upon and subject to the condition that he do and shall each year pay for the same of six dollars per year as his share of the rent in and the lease of the said property reserved and made payable and also do and shall honour and keep the Covenants and Agreements in the said lease mentioned and contained as shall or may apply to the share of the said leasehold premises hereby bequeathed to him.
Third. As regards the remainder of my said leasehold property I give devise and bequeath the same to my sons Bryan John and Timothy in equal shares proportions between them but upon and subject to the condition that they shall pay each year the remaining part of the rent in and by the lease of the said property reserved and made payable and also shall share and perform the covenant and agreements in the said lease mentioned and contained as shall or may apply to the share of the said leasehold property hereby bequeathed and left to them.
Fourth I give devise and bequeath to my son Peter all those lands and premises situate near St. John's aforesaid and known as Newtown Farm but in the event of his dying without leaving lawful issue him surviving then I give devise and bequeath the same to my son Michael
Fifth I give devise and bequeath to my son Michael the sum of two hundred & fifty pounds currency
Sixth I give devise and bequeath to my daughter Mary the sum of one hundred pounds currency
Seventh. I give devise and bequeath to my son John the sum of two hundred pounds currency
Eighth. As regards my lands and premises with cottage thereon situate on Freshwater road near St. John's and now let to William Quigley I direct that the rents thereof shall until the expiration of the lease under which the said Quigley holds be paid to my daughter Mary and from and after the expiration of the said lease the said land and premises shall become and be the property of my son Bryan.
Ninth. I give devise and bequeath to my son Timothy all my land and house situate on Barters Hill in St. John's
Tenth. As regards my land and premises situated on the Pennywell road near St. John's and now held by John and Thomas Coady I direct that the rents thereof shall until the expiration of the lease under which the said Coady's hold it to be paid to my son John Mitchell and from and after the expiration of the said lease the said premises shall be and become the property of my son Timothy.
Eleventh. I give devise and bequeath to Bessie the now wife of my son Thomas the sum of fifty pounds currency for her own sole use and benefit.
Twelfth. I give devise and bequeath to my granddaughter Carrie daughter of my said son Thomas the sum of fifty pounds currency and direct that the same be paid to her said father to be by him held in trust for the said Carrie until she shall attain the age of twenty one years.
Thirteenth. As regards my household furniture and effects and all cows and cattle of which I may die possessed I direct that the same shall be sold and the proceeds of such sale after payment of all expenses attendant thereon shall be divided in equal shares between my daughter and my said sons.
Fourteenth. I direct that my shares in the commercial Bank of Newfoundland and in the St. John's Nail Factory Limited shall be sold by my executors hereinafter named as soon as it conveniently may be save after my decease and that the net proceeds of such sale shall be after payment of all my just debts funeral and testamentary expenses applied in payment of the many legacies herein bequeathed and that if any surplus remain after such payments the same shall be paid in equal shares to and amongst my said daughter and sons had shared the but should the balance of such net proceeds remaining after paying my said debts funeral and testamentary expenses not be sufficient to pay off the said money bequeathed in full then each of such bequests shall be reduced and paid in proportion to the said balance.
Fifteenth. As regards any money which I may place in the savings bank of Newfoundland or in any other bank or place in the name or names of any one or more of my said children I hereby give devise and bequeath the same to the child or children in whose name the same now is or may hereafter be lodged or placed.
Sixteenth. I do hereby declare that all bequests herein made to my said daughter Mary are to her for her own sole use and benefit free of the debts liabilities and control of her present or any future husband she may have.
Seventeenth. I do hereby nominate and appoint my friends Robert J. Kent of St. John's Queen's Counsel and Henry Shea of same place Doctor of Medicine as executor of this my will and I do direct that the said Robert J. Kent shall be entitled to have and to receive from and out of the assets of my estate all such and the like fees and charges for any professional services which he shall render in and about the probate of this my will and the management and settlement of my estate as he would be entitled to if he were not appointed as such executor
And Lastly. I do hereby revoke annul and declare void all wills by me heretofore made. Witness my hand at St. John's this twenty first day of April Anno Domini 1885. Elizabeth Mitchell. Signed by the said Testatrix as and for her last will and testament in our presence; who in her presence at her request and in the presence of each other have hereto set our hands as witnesses on the day and year above written. Henry Shea Robert J. Kent.
Since as regards my right title and interest in that farm land and premises at Logie Bay near St. John's now occupied by one Patrick Corrigan I give and bequeath the same to my son Thomas.
Second. I give devise and bequeath to my son Thomas all the articles of household and other furniture now in the bedroom in his house and occupied by me
Third. I give devise and bequeath to Bessie the now wife of my son Thomas the sum of eighty dollars towards the cost of educating and for the use of her son Timothy, the same to be paid to her by my executors ??? I do not pay to her for the same purpose a like or a larger sum during my lifetime
Lastly. I do hereby confirm my said will in all other respects and nominate the executors thereof as executors to carry into effect this codicil. Witness my hand at St. John's this thirtieth day of March A.D. 1888. Elizabeth Mitchell. Signed by the said Elizabeth Mitchell as and for a codicil to her last will and testament in our presence Hy Shea. Robert J. Kent.
I certify that the foregoing is a correct copy.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Saturday October 05, 2013)
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