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Will of Robert Pack
Comments by Lloyd Rowsell, contributor)
This is the last will and testament of me Robert Pack of Carbonear in the Island of Newfoundland Merchant in the first place I direct that all my just debts and funeral and testamentary expenses be paid and satisfied as soon as can be after my decease. I give and bequeath unto my dear wife All that Policy of insurance by which my life is insured in the West of England Life Assurance Office together with the sum of One thousand pounds insured thereby and all bonuses now due or which at the time of my decease may be due thereon for her own absolute use and benefit. I give and devise unto my said wife all and singular my farm, lands and hereditaments situate at or near Carbonear aforesaid together with the dwelling house and all other erections and buildings thereon with their and every of their appurtenances to hold the same unto my said wife her heirs and assigns absolutely. I give and bequeath all my household goods and furniture plate and plated articles household linen china books and other household effects whatsoever horses, saddles, harness and other accoutrements, and also all my implements of husbandry, crops of corn and grain and live and dead stock which shall be my property and in or about the said messuage farm and hereditaments unto my said wife for her own absolute use and benefit.
I give and devise all that and those my dwelling house stores and other erections and buildings situate on the north side of Bay Roberts Conception Bay in Newfoundland aforesaid.
And also all the back land facing towards Spaniards Bay unto my son Robert Pack to hold the same unto my said son Robert Pack his heirs and assigns.
I give and bequeath unto Mary Price of the town and County of Poole in England, Widow, one annuity or clear yearly sum of ten pounds for and during the term of her natural life to be paid her half yearly by my executors hereinafter named out of my estate.
I give and bequeath to my son-in-law William Seager Green and my son Stephen Olive Pack the sum of one hundred pounds each as an acknowledgment for the trouble they may be at in carrying out the provisions of this my will. And as to all the rest residue and remainder of my real and personal estate and effects of what nature and kind soever I give devise and bequeath the same equally between and amongst my children Lavinia Ayles, Widow, the said Stephen Olive Pack, Mary Jane Green the wife of the said William Seager Green, the said Robert Pack, Louisa Fraize the wife of Joseph Fraize, Amelia Harvey the wife of James C. Harvey, Laura Wilhelmina Hayward the wife of John Hayward, Samuel William Pack and such of the children of my late daughter Olivia Ann Seager as shall be living at the time of my decease (the children of the said Olivia Ann Seager standing in the place of their mother as representing a ninth part of the said residue.) And I direct that the respective shares of such children, if practicable, shall be paid by four yearly payments the first commencing one year after my decease. I also direct in the event of such of my grandchildren or any of them not having attained the age or respective ages of twenty one years that the receipt of their father Edward Seager for the parts or shares of such of them as shall not have attained their majority shall be a sufficient discharge to my executors for the same who shall not be answerable for the application or misapplication thereof or of any part thereof. And I appoint the said William Seager Green and Stephen Olive Pack Trustees and executors of this my will. Provided always and I do hereby declare that the receipts of my said Trustees or Trustee for the time being for any money payable to them or him under this my will shall effectually discharge the person or persons to whom the same shall be respectively given from being obliged to see to the application or from being answerable or accountable for the misapplication or non-application of the money therein respectively mentioned to be received. Provided always and I hereby declare that the Trustees of this my will shall not be chargeable for any other monies than they shall respectively actually receive notwithstanding their signing receipts for conformity nor for any loss which shall happen so as such loss happen without their wilful default nor the one of them for the other of them or for the acts or defaults of the other of them. And also that it shall be lawful for them out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to reimburse themselves respectively and also to allow their co-trustees or co-trustee all loss costs and expences which they or either of them shall incur expend or be put unto in the execution of the said trusts or in relation thereto Provided always And I hereby declare that if my said Trustees or either of them or any person or persons to be appointed under this provision shall die or disclaim or be unwilling or incompetent to act in the trusts of this my will it shall be lawful for him during his life and after his decease for the said trustees or the surviving or continuing trustee or the executors or administrators of the last surviving Trustee to substitute by any writing singed by him her or them any fit person or persons in whom alone or jointly with the surviving or continuing Trustees or Trustee as the case may be my said trust estate shall be vested to the uses and upon and for the trusts intent and purposes and with and subject to the powers and provisions hereby declared and given or such of them as shall be then subsisting undetermined and capable of taking effect. And lastly I hereby revoke all former and other wills and testamentary dispositions made by me at any time heretofore and declare this alone to be my last will and testament. In witness whereof I have to this and the two preceding sheets set my hand this eighteenth day of October one thousand eight hundred and fifty four, at the same time declareing that all the foresaid monies means British sterling and not currency of Newfoundland, Robert Pack (LS)
Signed by the said testator Robert Pack in the presence of us who at his request in this presence and in the presence of each other have hereunto subscribed our names as witnesses, the latter clause declaring the monies sterling being first inserted, Wm. Jno Hoyles, Clerk in Holy Orders, George Tuffin, William Hawker.
Codicil, I Robert Pack of Carbonear, Newfoundland named in the will to which this codicil is attached being of sound mind and memory hereby revoke and disannul the appointment therein of my son Stephen Olive Pack as one of my executors; Also I revoke the gift of one hundred pounds devised to him for his trouble named therein; but with regard to his share of my estate as named with my other children my desire and wish is that same should be given to his wife Emma Pack and his children by her & my executors to act as Trustees for them. I hereby nominate and appoint John Hayward husband of my daughter Laura to be one of my lawful executors in place of my son Stephen Olive Pack dismissed. I bequeath the said John Hayward the sum of one hundred pounds for his trouble.
Robert Pack (LS) Signed sealed and delivered by the said Robert Pack as a codicil to his last will and testament in the presence of us who were present at the signing and sealing thereof this twenty sixth day of August one thousand eight hundred and fifty seven. Wm. Jno. Hoyles, Thomas Roberts.
Second codicil, I the testator Robert Pack hereby leave my son Stephen the sum of one shilling.
Robert Pack (LS) dated 20th Feby 1860, Signed sealed and delivered by the said testator in our presence and acknowledged by him, Jno Apsey.
I Robert Pack of Carbonear Merchant do hereby make and publish this further codicil to my last will and testament I hereby confirm my said will and testament dated the eighteenth day of October one thousand eight hundred and fifty four and the codicils thereto dated respectively the twenty sixth day of August one thousand eight hundred and fifty seven and the twentieth day of February one thousand eight hundred and sixty. And Emma Pack named in the first codicil having since died I hereby give devise and bequeath all her share and proportion of my property and estate to her now surviving children and their heirs and in case of the death of any or either of the said child or children before the youngest attains the age of twenty one years I hereby give devise and bequeath his her or their share to the remaining children. And I hereby will order and direct that my executors may should they think proper so to do retain the share or proportion of my property and estate bequeathed to the said Emma Pack and her children by the said and this codicil and out of the same and any interest or other profits that may arise therefrom pay for the support and maintenance of any children of the said Emma Pack that they may think proper and upon the youngest one of the said children attaining the age of twenty one years or sooner if my executors or the survivor of them think proper so to do to pay the amount that may remain unexpended share and share alike to the surviving children of the said Emma Pack.
Robert Pack (LS)
Signed sealed and published by the said Robert Pack as a codicil to his last will and testament in presence of us this twenty fourth day of February A.D. one thousand and eight hundred and sixty, Jno. Apsey.
Some punctuation has been added to aid in the reading of this document.
Copied at Probate Office, Court House, St. John's, 7 Mar 1990 by Florence Cowan
Transcribed Jan 2002 by Bonnie Hickey
Misc. Marriage and Deaths listings from The Harbour Grace Standard and Conception Bay Advertiser 1860
Dates given are dates of publication
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. 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.
Contributed by Lloyd Rowsell and also by Judy Benson as part of the wills project
Page Revised by Ivy F. Benoit ( Wednesday February 20, 2013 )
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