Will of Jacob Moors
from Newfoundland will books volume 1 pages 111 to 113 probate year 1831.
Jacob Moors deceased.
In the name of God Amen. I Jacob Moors of Twillingate in Newfoundland Planter, being of sound, mind, memory and understanding, and considering the uncertainty of human life, do make this my last will and testament as follows, that is to say,
First, I give and bequeath to Elizabeth my wife, the sum of fifteen pounds of lawful money of Great Brittain to be paid to her as soon as she may think fit to demand it, out of a sum of money now in the hands of Messrs. Robert David and James Slade Merchants of Poole in Dorsetshire in England.
I give and bequeath also to my sons John, Samuel, Joseph and Aaron, and to my daughters Rachael and Phebe, the like sum of fifteen pounds each of lawful money of Great Brittain to be paid to them as they respectively attain the age of twenty one years, out of the sum of money afore alluded to in the hand of Messrs. Robert David and James Slade; but if that sum shall not be equal to all the aforenamed Legacies, then what is lacking to discharge them shall be made up or raised out of my goods, debts, or moveable effects.
It is also my will that if any one or more of my sons or daughters shall die during his her or their minority then that the share or shares of him her or them, so dying, shall go and be divided amongst my wife and children equally, share and share alike; when they respectively attain their majority. And it is further my will that whatever interest may become due upon the money afore alluded to it shall be paid from time to time, as it shall become due, to Elizabeth my wife, until such time as my youngest child then living shall have attained his or her majority; that is to say the age of twenty one years.
I appoint Elizabeth my wife also to pay all my just and lawful debts. I also give and bequeath to Elizabeth my wife my dwelling house together with all my other houses and buildings wherever situated; also all my gardens and lands; my household furniture goods and chattels, my fishing room and all my craft; also all my cattle, debts, dues and claims; in short, whatever is mine or whatever I may have any lawful claim to at the time of my death (except what I have already disposed of in this will) I give and bequeath unto Elizabeth, my wife, during such time as she shall remain unmarried after my decease; But it is my will that if she shall marry after my decease then she shall have an equal share with my sons then living, of my craft, nets, seans, and cattle, but my dwelling house shall then go, together with all my other houses and buildings, gardens, land, household furniture, goods, chattels and fishing room, and shall belong jointly and equally to my sons aforenamed, or to as many of them as shall then be living, for their mutual benefit, so long as they shall live together upon my Room; And be it understood that it is my will that my dwelling house, fishing room, gardens, lands, buildings and cattle shall always remain for the mutual and joint use of those of my sons, who shall continue to remain upon my room. But it is also my will that if any of my aforenamed sons, after he shall be of age, shall separate himself from the other or others of them, and go off from my Room, then he so separating from the others shall have an equal share with the rest of my sons, of the craft, nets, seans, and cattle only; but if he shall so separate himself before he comes at the age of twenty one years, he shall not till that time receive his share and moreover if my wife shall remain unmarried, then, whenever he shall separate from her, or from his brothers aforenamed, he shall not receive his share till her death; and then by two yearly instalments, the first payment to be made one year after her death.
And it is further my will that in case my wife shall marry and so claim the share herein given her, or in case any of my sons shall separate himself from my room, and so claim the share given him upon the conditions herein named, then a valuation shall be made of all that jointly shall belong to them; that is to say, of the craft, nets, seans and cattle such valuation shall be made by two arbitrators who shall be appointed by the joint consent of the person or persons claiming the share or shares, and of my executors hereinafter to be named then the sum fixed upon shall be paid either in money, craft or produce as may seem most fit to the arbitrators, and the sum so fixed upon shall be paid by two yearly installments, the first payment to be made one year after such marriage or separation. It is also my will that providing my wife shall die or marry before all or any of my aforenamed sons shall have attained his or their majority, then he or they so under age shall not contract any debts, without the approbation and permission of my executors.
And Lastly I do hereby nominate constitute and appoint James Moors and James Blacklar, both of Twillingate aforesaid executors of this my last will and testament, and I do hereby revoke and make void all and every other and former will or wills by me at any time heretofore made, and declare this only to be my last will and testament.
In witness whereof I have hereunto set my hand and seal this twenty seventh day of March in the year of our Lord one thousand eight hundred and thirty. Jacob Moors (LS)
Signed sealed published and declared by Jacob Moors the testator as and for his last will and testament on the day of the date above written, in the presence of us, who at his request, in his presence & in the presence of each other, have set our names as witnesses thereto (where no stamped paper is used) John Chapman. Jacob Wheller. Samuel Wheller.
D. M. Browning