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Will of Thomas Neil Senior
In the name of God Amen. I Thomas Neil of Bay de Verds in the Island of Newfoundland, Planter, being weak in body but of perfect mind and memory and knowing it is appointed unto all men once to die do make and declare this to be my last will and testament- Principally and first of all I commend my soul to Almighty God who gave it and my body I commend to the earth to receive at the discretion of my executors decent Christian burial being assured that I shall receive the same again at the last day by the mighty power of God- And as touching such worldly estate wherewith God hath blessed me in this life, I dispose of the same in the following manner and form-
First. That for and in consideration of the love and affection I have and do bear toward my beloved wife Ellen Neil I give and bequeath unto her the free use of the bedroom she now occupieth and also the use of my parlour as she hath held and enjoyed as heretofore and to have a decent support from off my said estate and plantation for and during the remainder of her natural life.
Secondly. For and in consideration of love and affection I have and do bear toward my beloved son Thomas Neil I give and bequeath unto him the dwelling house and garden he now occupieth, also to enjoy all the privileges, interest and benefits arising from and out of my said estate and plantation in as far as his procuring and providing his livelihood in manner and way as he has contributed to and enjoyed heretofore and to continue so unto his heirs lawfully born for ever. But and if the said Thomas Neil or his heirs remove from Bay de Verd to settle and reside elsewhere then the said dwelling house and garden privileges interest and benefits now occupied and enjoyed by him shall become the property of my two sons John Neil and Michael Neil and their heirs
Thirdly. For and in consideration of the love and affection I have and do bear toward my beloved son Denis Neil I give and bequeath unto him the dwelling house he now occupieth with the gardens at the back and front of said dwelling house and one half the garden situated at the western end of said dwelling house and also to enjoy the privileges, interest and benefits and on same conditions as those of my said son Thomas Neil as specified aforesaid and the same to continue in succession unto the heirs of the said Denis Neil lawfully born for ever. But and if the said Denis Neil or his heirs and successors leave the settlement of Bay de Verds to settle and reside elsewhere then the said dwelling house and gardens, privileges interests and benefits arising from and out my estate and plantation shall become the property and enjoyment of my two sons John Neil and Michael Neil and their heirs for ever.
Fourthly. In consideration of the goodwill and regard I have for my daughter Julia Ann I bequeath unto her a support and maintenance from and out of my said estate and plantation, and also a peaceable residence as she has enjoyed hitherto within my dwelling house as long as she may need the same and to occupy the bedroom she now useth.
Fifthly. For and in consideration of the love and affection I have and do bear toward my beloved sons John Neil and Michael Neil I give and bequeath unto them my dwelling house and the remainder of all my landed property and plantation together with all buildings and erections thereon And I also give and bequeath unto them all my seines, nets, boats, punts, all fishing craft and moveable effects jointly and equally between them the same to be theirs and their heirs lawfully born forever And that they the said John Neil and Michael Neil do and transact a trading business on my said plantation as I have transacted heretofore, each bearing equal shares both in expenses and profits- But in the event of the inconvenience of John and Michael Neil dwelling longer in the one house, and it become necessary and determined upon to live separate then a dwelling house must be provided and erected on some part of my said land at the joint and equal expense of the said John Neil and Michael Neil as the future residence of the said Michael Neil.
Sixthly. I hereby appoint constitute and pronounce my two beloved sons John Neil and Michael Neil as executors to this my last will and testament revoking all former gifts legacies and bequests and declaring this to be my last will and testament In witness whereof I have hereunto set my hand and affixed my seal this sixth day of October A.D. one thousand eight hundred and seventy-seven. Thomas Neil (LS) Signed, sealed, published and declared at Bay de Verds in the presence of, the interlining over ninth line on second page being first written, John Neil Sr., W. Christian, J.P.
Before signing and sealing this my foregoing will, I add the following codicil viz. That my aforesaid named sons John & Michael Neil shall out of the income of my estate allow to my beloved wife Ellen Neil the sum of five pounds yearly over and above that bequeathed unto her by the first section of my foregoing will during the remainder of her natural life. Thomas Neil. Witness, John Neil Sr. W. Christian J.P.
Codicil to the foregoing will. By this codicil to my foregoing will I Thomas Neil of Bay de Verds, the testator therein named have revoked and disannulled and by these presents do revoke and disannul that portion of the third section of my foregoing will, viz “one half the garden situated at the western end of said dwelling house” and make it an addition to my other landed property given and bequeathed unto my two beloved sons John Neil and Michael Neil, as named in the fifth section of my foregoing will, and in lieu of the said half garden I give and bequeath unto the said Denis Neil my garden that is situated to the eastward of the Catholic School House to be his and his heirs lawfully born for ever. In witness whereof I have set my hand and seal this fourth day of November A.D. one thousand eight hundred and seventy eight. Thomas Neil (LS) Signed, sealed and declared in the presence of John Neil Sr. W. Christian, J.P.
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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