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The Will of Nicholas Churchill of Ochre Pit Cove - 1785
Prerogative Court of Canterbury - Prob 11/1142
In the Name of God Amen. I Nicholas Churchill of Dartmouth in the County of Devon, Mariner being in good health and perfect memory blessed be God therefore do this seventh day of April in the twenty fifth year of the reign of our Sovereign Lord George the Third of Great Britain Ffrance and Ireland King Defender of the ffaith and so forth and in the year of our Lord our thousand seven hundred and eighty five make and publish this my last will and Testament in manner and form following that is to say. Imprimis. I commend my soul into the hands of Almighty God he gave it me and my body to the Earth from whence it came in hopes of a joyful Resurrection through the moiety? Of my Saviour Jesus Christ and as for that worldly estate herewith it hath pleased God to bless me I dispose thereof as follows. I give unto my loving WIFE ELIZABETH CHURCHILL al my household goods plate and china and likewise the interest of what monies I may die possessed of at the time of my decease to be collected together by my Trustees hereafter mentioned and after all my just debts are paid to be put out to interest for the uses hereinafter mentioned that is to say my said wife ELIZABETH CHURCHILL is to enjoy the interest of the said monies during her widowhood and no longer and after her decease or marriage I give and devise the same to my SON NICHOLAS CHURCHILL JUNR and my DAUGHTER ELIZABETH CHURCHILL JUNR and any other of my children lawfully begotten to be equally divided among them or the survivor or survivors of them at their attaining the age of twenty one years both principal and interest and in default of their or either of their attaining such age of twenty one I give the said monies to the children of my TWO SISTERS CLARIMOND POLIN? and ELIZABETH HALFYARD equally to be divided between them. I likewise give unto my said WIFE ELIZABETH CHURCHILL the better to enable her to maintain and educate my children all the rents and arrears of rents arising from my ffishing rooms houses gardens and all other premises wheresoever situate until the youngest of my said children shall attain the age of twenty one years. Item I give and devise unto my SON NICHOLAS CHURCHILL and to his heirs lawfully by him begotten for ever all my ffishing rooms fflakes stages houses gardens and meadows situate and lying in OKER PIT COVE on the North side of CONCEPTION BAY and ISLAND OF NEWFONDLAND with all their appurtenances and in default of such issue or heir by him lawfully begotten then to descend unto my second son and his heirs lawfully by him begotten and in default of such issue then to my DAUGHTER ELIZABETH CHURCHIL and to her heirs by her lawfully begotten and in default of issue then to my second daughter and to her heirs by her lawfully begotten and in default of such issue then to the use and behoof of RICHARD HALFYARD JUNR SON of my beloved SISTER ELIZABETH HALFYARD and to his heirs forever I likewise give and devise unto my SON NICHOLAS CHURCHILL on the conditions and restrictions before recited all my now dwelling house and garden situate in the PARISH OF ST. PATRACKS? And TOWN OF DARTMOUTH and to his heirs by him lawfully begotten and so forth as above recited. Item i give and devise unto my DAUGHTER ELIZABETH CHURCHILL JUNR and to her heirs lawfully begotten of her body all my ffishing rooms states fflakes houses and gardens with all their appurtenances that I am now possessed of in PETTY HARBOUR in NEWFOUNDLAND and known by the name of CULVER ROOM and the one third part of FFLAG STAFF ROOM (and likewise a house and garden situate at UPPER PYECORNER? in ST. JOHNS NEWF’D now in the occupation of BARTHOLOMEW COLBERT and in default of such issue then unto my second daughter and to her heirs of her body lawfully begotten and in default of such issue then unto my SON NICHOLAS CHURCHILL and to his heirs for ever. Item i do hereby constitute and appoint MR. ROBERT NEWMAN of DARTMOUTH in the County of Devon , Merchant, MR. THOMAS WYSE of KINGSBRIDGE in the s o (same?) County Gentleman and my BROTHER RICHARD HALFYARD of OKERPITCOVE NEWF’D as my Executors in Trust of this my last Will and Testament to take care and see the same duly performed according to my true intent and meaning. Item I do give and bequeath unto each of my said Trustees the sum of five pounds sterling. In Witness whereof the said NICHOLAS CHURCHILL have to this my last Will and Testament set my hand and seal the day and year above written.
NICH. CHURCHILL signed sealed published and declared by the said NICHOLAS CHURCHILL unto the within as and for his last Will and Testament in the presence of us whose names are hereunder written who did each of us subscribe our names as witnesses at his request and in his presence and in the room where he then was.
GEO PLEY? ATKINS
This Will was proved at London the second day of May in the year of our Lord one thousand seven hundred and eighty six before the Right Worshipful Peter Calvert Doctor of Laws master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of ROBERT NEWMAND and THOMAS WYSE two of the Executors named in the said Will to whom Admon was grated of all and singular the goods chattels and credits of the deceased having been first sworn by ? commission duly to administer power reserved or making the like grant to RICHARD HALFYARD the other Executor named in the said will when he shall apply for the same.
Transcribed by Susan Snelgrove, Uxbridge, ON December 31, 2007
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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