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Will of James Pitts
In the name of God amen. I James Pitts of Saint John’s in the Island of Newfoundland Merchant being weak but of sound mind memory and understanding do make this my last will and testament.
First I give devise and bequeath to my son William Pitts the house and land around the same about two acres including the water side situate at Belle Island formerly occupied by me but now unoccupied and more particularly described in a Grant of the same dated the fourteenth day of December one thousand eight hundred and fifty- Also one undivided third part of the farm at Belle Island now occupied by my brother William during his lifetime and after his decease I bequeath the same to my grandson James Stewart Pitts during his lifetime and after the decease of my said grandson
Second- I bequeath unto my executors hereinafter named in trust for my daughters Jessie Pitts and Julia Pitts the dwelling house I now live in during the remainder of my term and the rents and profits arising therefrom situate in Cochrane Street No. 66 together with the furniture thereto belonging also the rents and profits of a piece of land now under lease to Messrs. Ridley and sons in Harbor Grace situate at the point Beach as well as any monies or property belonging to my estate not herein provided for- for the support and maintenance of my said two daughters Jessie and Julia as long as they remain unmarried to the extent of twenty five pounds currency each per annum with power to the executors hereinafter named to increase the amount if they think necessary but in the event of either of my said daughters marrying it is my will and desire that the said sum of twenty five pounds currency shall revert to the daughter remaining unmarried twelve months after such event shall take place and in the meantime to be free from the control of such husband and in the event of both of my said daughters dying or marrying it is my will and desire that the interest in my dwelling house as well as the land at Harbor Grace before mentioned and the remaining portion of my estate shall be sold and divided amongst all my surviving children share and share alike each of my daughters share to be free from the control of any present or future husband they may have-
Third- I bequeath to my executors hereinafter named all that piece of land situate at Harbor Grace at present unoccupied and purchased by me from Thomas Foley under deed bearing date the seventeenth day of April one thousand eight hundred and thirty three as well as a piece of land at Bears Cove Hill Harbor Grace and described in a Grant thereof dated April the twenty second one thousand eight hundred and thirty four being Lot No. 62 in trust for my said daughters Jessie and Julia to sell or let the same towards the fund for their support aforesaid.
Fourth I give and bequeath to my daughters Belinda Ebsary- Emma Parsons- Martha March- and Carolina Knight the sum of ten pounds currency each the same to be free from the control of either of their husbands and payable within twelve months after my decease-
Fifth- I appoint my son William Pitts of St. John’s Merchant and Stephen Knight of same place Trader executors under this my will and in the event of either of my said executors dying or leaving the country I hereby substitute my grandson James Stewart Pitts in his place.
In witness whereof I the said James Pitts have hereunto set my hand and seal at St. John’s Newfoundland this first day of March A.D. one thousand eight hundred and sixty nine.
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.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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