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Will of Robert Livingstone Muir
The last will and testament of me Robert Livingstone Muir of St. John’s in the Island of Newfoundland Merchant I revoke all former wills and codicils by me at any time made. I give devise and bequeath to my executors and Trustees Robert H. Prowse and Sarah Muir my wife their executors and administrators all my lands estate monies and effects whatsoever and wheresoever subject to the exceptions and conditions herein contained upon trust that they or the survivor of them his executors or administrators shall as soon as conveniently may be after my decease receive my just share of partnership assets from my partner Edwin Duder and all my share and interest in the firm of “Muir & Duder” and convert into money my estate and effects not otherwise bequeathed and after paying my lawful private debts (my partnership debts will of course be discharged by my partner) invest the sum of five thousand pounds currency in landed or Government securities for the benefit of my wife Sarah and pay to her or order for her own use the interest or produce thereof by half yearly payments from the day of my decease during her natural life and whilst unmarried and on her decease or marrying again the said principal sum shall lapse into my general estate as hereinafter provided for the benefit of my children Upon trust to invest all the rest and residue of my monies produce of estate and effects and rents upon the like security for the benefit of my children Edwin Duder, Mary Elizabeth, Robert William, Sarah, Gertrude Mary and any other child or children that may be born to me by my wife Sarah in equal shares to be paid to them when they respectively attain the age of twenty one years and should any die before attaining that age then the share or shares of any so dying to be divided among the survivors or survivor but if a daughter should die before that age and married leaving a child or children then the share of such daughter shall go to her child or children The shares of daughters to be free from the controul and engagements of any husband with whom either may intermarry And in the meantime and until my said children shall attain the age aforesaid the said Trustees or the survivor of them his executors or administrators shall make such allowance and advancement from the interest arising from the share of either for maintenance and education as shall be required by either and deemed sufficient for such purposes. Upon trust to permit my said wife Sarah should she reside in this Island to have during her life and until she marry again the use with such of my children as may live with her all my household goods furniture plate pictures china glass and other articles in my house denominated furniture but should she not reside in this Island or die or marry again then my said Trustees shall convert all such property into money and added to the fund to be invested and distributed amongst my children in manner aforesaid. Touching my undivided moiety with my said partner in the premises purchased from Charles F. Bennett on the south side of Water Street in St. John’s it is my will and desire that my said executors or the survivor of them shall leave the same to my said partner for such rent and on such terms as they or he shall deem fair and agree upon, but should they not agree then the Trustees or survivor shall take such steps as they or he may think best for the interests of my children legatees aforesaid, my share or moiety of said premises and the rents therefrom to belong to my said children and any that may be born aforesaid in the like shares terms and conditions as before expressed. My will and desire is that my said children now living or that may be born or the survivors as aforesaid shall share equally in all my property as well that specifically bequeathed for their his or her use, as in the said investment of five thousand pounds currency when the same shall lapse and the proceeds of household goods and furniture aforesaid And I declare that the Trustees of this my will shall be chargeable only with such monies as they or he shall actually receive and shall not be answerable the one for the other of them nor for involuntary losses. And that the said Trustees or Trustee for the time being may reimburse themselves or himself out of the monies that shall come to their or his hands under the trusts aforesaid all expenses to be incurred in or about the execution of the aforesaid trusts and I confirm the appointment of my friends the said Robert H. Prowse and Sarah Muir my wife as executors and Trustees of this my last will and testament. In witness whereof I the said Robert Livingstone Muir have to this my last will set my hand and seal this seventh day of January Anno Domini 1865. R. L. Muir (LS) Signed sealed and acknowledged by the said Robert Livingstone Muir as his will in the presence of us present at the same time and who in his presence and in the presence of each other have hereunto subscribed our names as witnesses, John Cowan. J. D. Macintyre.
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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