Will of Andrew Pearce
from Newfoundland will books volume 1 pages 371 to 374 probate year 1841
Andrew Pearce deceased.
In the name of God Amen. I Andrew Pearce Twillingate in the Northern District of Newfoundland a native of the Parish of Piddle Town in the County of Dorset, do make this my last will and testament requesting that when it shall please God to take me my remains may be buried at as little expense as decency will permit and at the discretion of my beloved wife.
First I give and bequeath to Mary my beloved wife the Mahogany bedstead now occupied by herself and me with its furniture together with a bed and bedding suitable thereto also the Mahogany chest of drawers and the American swing-dressing glass at this time in my possession with all her wearing apparel also one third part of whatever eatable provisions wines medicines and other items of similar consumption may be in my possession at the time of my death to be her own absolutely, the remaining two thirds parts I give to my children Abraham Akerman Pearce, Joseph James Pearce, Ann Lyte, Elizabeth Moss and Andrew Pearce equally amongst them excepting that Andrew shall receive two shares namely his own and an equal share with the rest of my children on behalf of my son Elias. Further, I give and bequeath unto my beloved wife all that tenement with all the outbuildings gardens lands and appurtenances thereof situated on the south east side of the port of Twillingate together with all my silver plate and household furniture for her use during such term as she may of her own choice live in that tenement and keep it in reasonable repair but at her death or on her quitting that tenement to reside elsewhere then it shall be sold together with all the outbuildings gardens lands and appurtenances thereof with all my silver plate and household furniture and the amount thereof disposed of as shall hereinafter be directed.
Secondly I give and bequeath upon trust to my sons Andrew Pearce, Abraham Akerman Pearce and Joseph James Pearce conjointly all of whom are of Twillingate aforesaid the sum of two thousand four hundred and sixty seven pounds twelve shillings and two pence stock the full amount of my share in the Three per cent annuities now standing in my name to the intent that they the survivors or survivor of them their executors or administrators shall apply the interest which shall become due thereon as follows
First that they shall pay to Mary my beloved wife yearly or half yearly as may best suit her the interest of one thousand pounds during the term of her natural life,
Secondly that they shall pay to my beloved sister Ann Pearce the interest of Four hundred pounds yearly during the term of her natural life
Thirdly that they shall pay to my son Andrew Pearce yearly or to his executors or administrators for the maintenance of my son Elias Pearce the interest of four hundred pound during the term of Elias's natural life Also that they shall pay to the Law Life Assurance Society out of the interest of the remaining portion of the aforenamed stock (providing they think it prudent so to do) the Annual Premium as it may from time to time become due to that Society from Mr. D.O. Lander late Collector of Her Majesty's Customs at Poole in Dorsetshire for a Policy of Five hundred pounds on his life which policy has been made over to me by mortgage as also his right title and interest in a dwelling house lately occupied by him in Poole aforesaid as securities for moneys lent to him by me. And it is my will that if the yearly interest thus at the disposal of my executors shall fall short of discharging the above payments then the deficiency shall be made up from whatever money shall from time to time come from any other sources into the hands of my executors.
Thirdly I give and bequeath to my son Joseph James Pearce of Twillingate the plantation on which he now resides (late the property of Solomon Beadon now deceased) for the term of his natural life only and after his death then to his children jointly and equally for ever.
Fourthly it is my will that my books shall be divided as equally as can be amongst all my children aforementioned named excepting my Music books which are to be divided amongst my sons only My work-tools are also to be divided amongst my sons. My Violincello I leave in trust with my son Andrew for any one of his sons who shall learn to use it. My case of Mathematical instruments and my best silver watch I give to my grandson Andrew Pearce, to my grandson Albert Pearce I give my Violin to my granddaughter Sarah Ann Moss I give my gold watch and to my son Elias Pearce I give all my wearing apparel.
Fifthly it is my will that when the tenement herein bequeathed to my beloved wife during her life or during her residence thereon shall be sold; also when the amounts of stock the yearly interests of which are herein set apart for the maintenance of my beloved wife, my sister and my son Elias Pearce; and for the payment of the annual premium to the Law Life Assurance Society shall be no longer required for this maintenance and payment; also when my executors shall have recovered whatever monies may be due to me by virtue of the securities given to me by D.O. Lander as already referred to; and when they shall have recovered all debts and claims of whatever nature they may be that shall be justly due to me at the time of my death; It is my will I say that from time to time as these sums shall come into their hands or be recovered, they shall pay them to my children above named in such proportions as that when the amounts I have already given them respectively in my lifetime and the amounts yet to be paid to them by virtue of this will, shall be taken into consideration and accounted for, each of my six childrens share shall be equal one with another; but it is my will that my son Andrew shall as Guardian to my son Elias receive the share thus intended for the support of Elias for the care and cost of years already past, or of time yet to come- And to enable my executors to carry these my last directions into effect I here inform them that I have given in my lifetime to my daughter Ann Lyte Thirty pounds, to my son Abraham Akerman Pearce one hundred pounds, to my son Andrew Pearce two hundred and fifty pounds, to my daughter Elizabeth Moss two hundred and fifty pounds, and to my son Joseph James Pearce including the value of the plantation which in this will I have given to him and his children the sum of four hundred pounds, all which sums are sterling money; And to render my intentions as clear as I can with respect to these proportional payments or legacies to be paid to my children I further explain that my intentions are that as I have given nothing in my lifetime to my son Elias Pearce as to my other children the first payment or legacy shall be thirty pounds to my son Andrew on behalf of my son Elias and as Guardian for him, the second payment shall be seventy pounds to Ann Lyte my daughter and seventy pounds to my son Andrew on behalf of Elias my son, the third payment shall be to Abraham Akerman Pearce my son, to Ann Lyte my daughter, and to my son Andrew on behalf of Elias my son, each one hundred and fifty pounds, the fourth payment shall be to my daughter Elizabeth Moss, to my daughter Ann Lyte, to my sons Abraham and Andrew each one hundred and fifty pounds and also one hundred and fifty pounds to my son Andrew on behalf on Elias aforesaid- After these payments have been made the remaining amounts of my monies dues and claims of whatever description they may be shall be paid to my children Andrew, Abraham, Elizabeth and Ann aforenamed and to my son Joseph James Pearce in equal shares except that Andrew shall be paid besides his own share an equal share on behalf of Elias. These items are to be paid to my children aforenamed or their heirs executors or administrators. It is further my will that if my children wish to mark the spot where my body shall moulder into its primitive condition that they shall have only a plain stone with my name and the date of my death thereon and no more.
Lastly I hereby nominate constitute and appoint Andrew Pearce Abraham Akerman Pearce and Joseph James Pearce hereinbefore named executors of this my last will and testament and of whatever debts, dues and claims or ready money I may be possessed of or have a just right to at the time of my death. And I do hereby utterly disallow and revoke every other will at any time heretofore made by me ratifying and confirming this and no other to be my last will and testament.
In witness whereof I have hereunto set my hand and seal this ninth day of September in the year of our Lord one thousand eight hundred and forty. And'w Pearce (LS)
Signed sealed published pronounced and declared by the said Andrew Pearce as his last will and testament in the presence of us who in his presence and in the presence of each other have hereunto subscribed our names, James Rice, Luke Cook, Joseph House.
D. M. Browning