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Will of William Penny Senior
I William Penny Senior Planter in English Harbour do hereby make this my last will and testament. I give to my two sons Robert and Samuel Penny my Room situated on English Harbour South head as by draft of survey by Revd Wm. Bullock to be enjoyed by them and their heirs for ever as now held by the present occupants And the said premises are never to be sold out of the family to pay debts contracted or for any other purpose but to be held by each heir in right and lawful succession. I give to my daughter Susanna Beston that parcel of land now held of me by her husband Beston (Mark) described in the draft from survey by Revd. William Bullock bearing the date of 1827 called therein "Newly cleared Meadow" to be enjoyed by my daughter during her lifetime and afterwards to be held and enjoyed by her son William Beston and his heirs for ever. I give to my son James Penny all my fishing room and back premises adjoining consisting of stage, flakes, storehouses, dwelling houses, meadows, beach and all and every portion of land and kind of building found thereon to be disposed of as follows, First that my dear wife might have the quiet use and enjoyment for her lifetime of the dwelling house occupied by me and the garden in front of the same. Secondly to hold the whole property in trust for the equal benefit of himself and his heirs and the widow and children of my late son William Penny so long as the family keep together single and the widow continues unmarried. Ultimately my grandson James Penny and his heirs to share equally with my son James and his heirs in the whole of the said property as by mutual consent of my son James and grandson James providing that the house and garden occupied by my son James be left to his enjoyment and his heirs and the house and garden occupied by myself and left to my wife in case of my dying before her be left to my grandson and his heirs. And in case that my son James should depart this life and leave his widow she is to hold the house and garden of her husband in common with my daughter-in-law Catherine Penny who may succeed my wife. But if either of them shall again marry they are no longer to have any claim to their dwellings as widows of my sons. Concerning certain articles on the Room necessary for conducting the fishery I will that my son James shall allow to his brothers Robert and Samuel Penny as at this time at his convenience the use of the same namely two caplin seines, one Lance seine, one large copper tan kettle, one large oil pot. To my son James and his heirs I bequeath my large family Bible & my pew in the church. The pew in the gallery I leave to my grandson Solomon. All my household goods I bequeath to my beloved wife for her use and enjoyment as long as she may live trusting that the same might be left by her to our daughter Susanna Beston and from her to our granddaughters Susanna Nurse, Mary Walters and Mary Penny, daughter of my late son William, save and except the clock which is not to be taken from the house but after my wife's decease to fall to my grandson James Penny.
|Note: The wills in those will books are NOT actual wills. They are hand-written 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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