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A Collection of Newfoundland Wills
Jabez Nurse


Will of Jabez Nurse
from Newfoundland will books volume 2 pages 237-238 probate year 1857

In re
     Jabez Nurse      deceased.

This is the last will and testament of Jabez Nurse of Saint Johns in the Island of Newfoundland, Gentleman.     It is my will that all the money I may be possessed of at the time of my decease whether consisting of ready money cash credits in the hands of other persons or from any and every source whatever shall be place out at interest on Government Freehold or other security at the discretion of my executors and that out of the interest arising from such invested money together with the rentals of my various houses and lands my executors shall pay to my sister Sarah Finlay the sum of two hundred pounds currency annually during her lifetime in two equal half yearly payments or as near thereto as the funds in their hands will permit and this bequest is made by me to my said sister Sarah Finlay to her in her own right and free and independent of the claims debts or liabilities of her present or any future husband. It is my will that my said executors shall pay to Richard Rankin of Lower Island Cove in Conception Bay the sum of forty pounds currency per annum during his lifetime in two equal half yearly payments as aforesaid subject to this condition that if my nephew William Rankin should continue sick and unable to earn his own living then the sum of twenty pounds per annum out of the said Forty pounds shall be appropriated by my executors to his separate and special support and maintenance as long as he shall remain in such sick and infirm state. It is my will that after the death of my said sister Sarah Finlay Sarah her daughter being then surviving my executors shall pay to her said daughter Sarah Finlay the sum of seventy pounds currency per annum half yearly as aforesaid as long as she the said Sarah Finlay shall live.     It is my will that if James Finlay husband of my sister Sarah Finlay shall survive after her decease that then in such case my executors shall pay him annually the sum of fifty pounds currency in half yearly payments during the term of his natural life.     It is my will that after the death of James Finlay and Richard Rankin beforementioned the whole of my property then remaining real and personal shall then be divided equally between their surviving children, that is between the children of James and Sarah Finlay and of Richard Rankin and my late sister Elizabeth in equal portions as near as may be share and share alike, and that this division or apportionment be made by arbitrators to be named and appointed by my executors, and further it is my will that this distribution shall not take place in the lifetime of my sister Sarah Finlay nor until after her decease.     It is further my will that my executors keep my houses insured against fire to such a reasonable amount as they may consider prudent and necessary and that the sum of twenty pounds be appropriated by them for that purpose or so far as may be required. I give and devise to the children of Thomas Nurse and John Nurse my cousins in equal proportions all that piece of ground and premises thereon near the Scotch Kirk and at present under lease by Thomas Ryall Tailor.     I give and bequeath the sum of two pounds per annum for the hire of a pew in the congregational Chapel for the use of free sittings for poor persons.     I give and bequeath to the Newfoundland Auxiliary Bible Society the sum of one pound per annum.     And the bequests and annuities hereinbefore made are to be subject first to the payment of such insurance and pew rent and further that if by any casualty the annual income from my estate shall be insufficient to pay the said bequests in full then the parties thereto shall each bear a proportionate reduction on their respective amounts.     And I hereby nominate and appoint Robert Brown of St. John's Broker and John Butler Bulley, Insurance Agent to be my executors to carry this my last will into effect and it is my will that the said executors shall be paid for their time and trouble in managing my said estate two pounds ten shillings per cent for realising collecting and investing the same at interest and the usual charge made by agents or Brokers for the annual collection of rents and interests and paying the same to the parties herein entitled thereto. And I hereby revoke all other and former wills by me at any time made and declare this to be my last will and testament.
Jabez Nurse.
Signed sealed published and declared by the said Jabez Nurse the testator as his last will and testament in the presence of us who in his presence and at his request and in presence of each other have hereunto subscribed our names as witnesses at Saint John's aforesaid this twenty fourth day of December in the year four Lord eighteen hundred and fifty six- Charles Stacy, Shoemaker,     S. Randell, Merchant.

Certified correct,
D. M. Browning



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 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. 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.

Page Contributed by Judy Benson & Ivy F. Benoit

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

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