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Will of John Peyton
This is the last will and testament of John Peyton of Back Harbor Twillingate in the Northern District of the Island of Newfoundland.
First I give devise and bequeath to my beloved wife Eleanor Peyton all my right title and interest in and to certain lands and plantations situate at Back Harbor Twillingate (said lands being more particularly specified) described and set forth in the Colonial Grant, marked No. 1 in the Diagram, and to be found in the Seventh Volume of the Registry of Deeds at pages 197, 198, 199, 200 bearing date the twenty second day of October one thousand eight hundred and forty-one) with the exception of a portion of said Grant of land now in possession of my son Elias Peyton; and also a portion now in possession of my son James Peyton hereinafter to be more particularly mentioned- together with my dwelling house carriage and harness, household furniture outhouses and of which I may be possessed at the time of my death for her own absolute use and benefit during the term of her natural life, without impeachment of waste and with full power to dispose of the household furniture, carriage and harness as she thinks fit and proper.
Second- I give devise and bequeath to my son James Peyton, the building he now occupies as his work-shop for his own absolute use and benefit with the right to remove the same off the premises if he thinks proper. I also bequeath to my said son James Peyton all that land or garden usually known or called “James’ Garden” for the express purpose of planting potatoes for the general use and understood to be occupied for that purpose only during his mother’s life, but at her decease, the said land or garden is to become his own sole property, independent of all other claims. I also give and bequeath to my said son James Peyton my horse, carts, and sleighs, with all appurtenances belonging thereto for his use and benefit- provided that my sons Thomas and Elias Peyton shall have the use of said horse and cart as hitherto enjoyed by them whenever convenient; and whereas my said son James Peyton has continued to reside with me since his marriage it is my wish and desire that he shall have a right of residence in the house with his mother after my death, so long as they can agree so to do, he rendering to his mother the duty of a son, and also such assistance as lies in his power towards her support and maintenance but it is my wish and desire that if any disagreement takes place, and they separate in consequence, then my beloved wife Eleanor Peyton by and with the consent and advice of my executors hereinafter named, shall have the right to rent or lease the said premises during the term of her natural life only for her support and maintenance.
Third- I give devise and bequeath to my son Elias Peyton all that portion of land now in his possession and occupied by him together with an additional plot of land or garden which I now bequeath to him measuring in the whole about one acre, more or less, for his own absolute use and benefit and independent of all other claims, to him, his heirs and assigns for ever
Fourth After the death of my said beloved wife Eleanor Peyton I give and devise to my said sons Elias and James Peyton, in equal portions and shares the whole of the land, houses and property above mentioned and devised to my said wife, and not otherwise disposed of with full and undisputed possession to them my said sons Elias and James Peyton their heirs and assigns for ever. And if any dispute or difference should arise with respect to the division of the said property then the executors hereinafter mentioned shall have the power to call in the assistance and advice of three arbitrators whose decision shall be binding.
Fifth. All my books and documents relating to law or legal matters, I give and bequeath to my son Thomas Peyton and all other books papers and documents, I give and bequeath to my son James Peyton for their sole use and benefit and any other property of mine not herein specified and described I give and bequeath to my said sons Elias and James Peyton to be equally divided share and share alike. Lastly. I hereby nominate and appoint my sons Thomas Peyton, Elias Peyton and James Peyton the executors of this my last will and testament. Dated this twenty fourth day of January A.D. one thousand eight hundred and seventy nine. John Peyton, J.P. (LS) Signed, sealed, published and declared as and for the last will and testament of the said John Peyton in the presence of us who in his presence and in the presence of each other have hereunto set our hands as witnesses thereto, on the day of the date above written. Samuel Baird. John Morey Nurse, witnesses.
Codicil. I give devise and bequeath to my son Thomas Peyton that part of my land situate at the south west angle of the same commencing at the north west angle of Clarkes ground and thence along the side of the public Road, 400 links, more or less, thence turning and running in the rear on a parallel line with the south western fence 500 links more or less, the same piece of land forming a parallelogram for his own sole use and benefit. Provided that my said son Thomas Peyton shall not mortgage sell or convey the said piece of land out of the family. And it is my wish and desire as regards the bequest to my son Elias Peyton, contained in the fourth clause of my will, that the property so bequeathed to him shall not be mortgaged sold or conveyed out of the family, but that the said property shall descend to his heirs male then living as soon as they shall attain their majority in equal portions, provided that my said son Elias Peyton shall enjoy absolute ownership during his life. Also with regard to the bequest made to my son James Peyton it is my wish and desire that the property bequeathed to him shall not be mortgaged sold or conveyed out of the family, and in case of his death without heirs male of his body, the said property shall descend to my grandchildren the sons of Thomas Peyton and Elias Peyton to be shared amongst them in equal portions, as soon as the said children have attained their majority. Provided That after the death of my said son James Peyton if his widow remains unmarried she shall be supported and maintained out of the proceeds of said property otherwise she is to forfeit all claim to such support. And I further desire that any property which may now be in abeyance or disputed, and of which I am or may claim to be the legal owner, that my son Thomas Peyton shall inherit all my claims and rights to such ownership and enjoy the same for his own sole use and benefit. And lastly I revoke the appointment of my sons Elias Peyton and James Peyton as co-executors of my last will with my son Thomas Peyton, and now appoint my son Thomas Peyton as sole executor of this my last will and testament. Dated this eighteenth day of April A.D. one thousand eight hundred and seventy nine. John Peyton, J.P. (LS) Signed sealed published and declared as and for the codicil to my last will and testament of the said John Peyton in the presence of us who in his presence and in the presence of each other have hereunto set our hands as witnesses thereto on the day of the date above written, Samuel Baird, Abm A. Pearce, Twillingate, Clerk of the Peace.
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 and also no paragraphs. 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. However, in some of the very long wills, we have tried to insert paragraphs to make it easier for the researcher to read the document.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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