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A Collection of Newfoundland Wills
(P)
Thomas Pitts

 

Will of Thomas Pitts
from Newfoundland will books volume 1 pages 250 to 253 probate year 1837

In re
     Thomas Pitts       deceased.

This is the last will and testament of me Thomas Pitts Captain in His Majestys Royal Newfoundland Fencible Regiment now stationed at the City of Quebec Province of Lower Canada. I do hereby give devise and bequeath all and singular my estates real and personal whatsoever goods and chattels lands and tenements wheresoever situated and more particularly a certain lot tract piece or parcel of land situate on the north side of the Harbour of St. John's in the Island of Newfoundland to Robert Lyon the elder and Robert Lyon the younger both of Halifax in the Province of Nova Scotia Merchants and John Herlihy Captain in the said Newfoundland Fencible Regiment now stationed at the City of Quebec as aforesaid upon trust that they the said Robert Lyon the elder, Robert Lyon the younger and John Herlihy or the survivors or survivor of them or the executors or administrators of such survivor do and shall lay out and invest all such monies as I shall be possessed of at my decease in such securities as they shall think and do and shall pay and apply the interest dividends and produce which shall from time to time arise and be made therefrom in such way and manner as is hereinafter mentioned expressed and declared of and concerning the same (that is to say) In trust to pay and apply the interests and dividends of the said monies and also the rents issues or profits of the said lands tenements and real estate to the maintenance and education of my present sons by Elizabeth Quinlan who no lives with me named Thomas, William and Henry until the youngest of them who shall live to the age of twenty one years shall have attained that age and also to the maintenance and support of the said Elizabeth Quinlan for and during her natural life or untill she shall marry; the said interest dividends rents issues and profits to be applied to the maintenance of the said persons in equal proportions share and share alike and in case either or any of my said sons should die before the age of twenty one years leaving a child or children in trust to apply the share of my said son in the said interests dividends rents issues and profits to the maintenance support and education of such child or if more than one of such children in equal proportions share and share alike.
And from and immediately after the decease or marriage of the said Elizabeth Quinlan if the youngest of my sons then living or my son if there be but one living shall at that time not have attained the age of twenty one years in trust to apply the said interests dividends rents issues and profits to the maintenance education and support of my said sons or of such son or more of them as shall be living at the time of the said decease or marriage share and share alike provided however that the child or children of my deceased son or sons shall receive the share or shares of their deceased father or fathers in manner aforesaid. And when and so soon after the said decease or marriage as the said youngest son or the son then living (if there be but one) shall attain the age of twenty one years in trust that my said trustees or the survivors or survivor of them or the executors or administrators of such survivor shall and will pay assign and transfer the aforesaid monies to my said children then living share and share alike or if there be but one living to such child and also shall and will by such good and sufficient conveyances and assurances in the law as shall be reasonably devised advised or required transfer and convey the aforesaid estate at Newfoundland and generally all other lands and tenements of which I may die seized or possessed to my said sons then living their heirs and assigns share and share alike as tenants in common not as joint tenants or if their be but one of my said children then living to such child his heirs or assigns and in case either or any of my said sons should die before the age of twenty one years leaving a child or children in trust that my said trustees or the survivors or survivor of them or the executors or administrators of such survivor shall and will pay assign and transfer the part and portion that my said deceased son would have been entitled unto if he had lived to the age of twenty one years to such child or to such children share and share alike if there be more than one and also shall and will by such need & sufficient conveyances and assurances in the law as shall be reasonably devised advised or required transfer and convey the part or portion that such deceased son or sons would have been entitled unto if they or he had lived to the age of twenty one years of and in the aforesaid estate at Newfoundland and generally of and in all other lands and tenements of which I may die seized or possessed to such child or to such children share and share alike if there be more than one my will being that the children of my sons dying before the age of twenty one years shall and in all things represent their deceased fathers respectively and shall receive what their respective father would have respectively received if they had lived. And in case all my said sons shall die before the age of twenty one years or before they shall be entitled to receive their shares aforesaid leaving no child or children in trust after the decease or marriage of the said Elizabeth Quinlan that my said trusties or the survivors or survivor of them or the executors or administrators of such survivor shall and will pay assign and transfer the aforesaid monies and transfer and convey the aforesaid estate at Newfoundland and generally all other lands and tenements of which I may die seized or possessed to the right heirs of me the said Thomas Pitts.
And I hereby constitute and appoint the said Robert Lyon the elder Robert Lyon the younger and John Herlihy executors of this my will and I hereby declare my will to be that it shall and may be lawful to and for my said trusties executors and their respective heirs executors and administrators by and out of all or any of the monies which by virtue of this my will or any trust therein declared shall come to their or any of their hands to deduct retain and reimburse themselves all such reasonable costs charges and expenses as they respectively shall or may sustain expend or be put unto in or about the execution of this my will and also that my said trusties their respective heirs executors and administrators shall be charged and chargeable only every of them for and with his own respective receipts payments acts and wilful defaults and not otherwise and shall not be charged or chargeable with or for any sum or sums of money other than such as shall actually and respectively come to this and their hands by virtue of this my will nor with or for any loss or damages which may happen in or about the execution of all or any of the trusts hereby in them reposed without his her or their respective wilful defaults and lastly hereby revoking all former wills by me made. I declare this to be my last will and testament.
In witness whereof I the said Thomas Pitts have hereunto set my hand and seal this twenty first day of July in the year of our Lord one thousand eight hundred and nine at the City of Quebec in the Province of Lower Canada. (Signed) T. Pitts (LS)
Signed sealed publish and declared by the said Thomas Pitts the testator as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have hereunto subscribed our names as witness, James Gethings-   Andrew Bulger, Lieut R.N.F. Regt.   Philip Ingouville, Lieut. R.N.F. Regt.

Certified Correct,
D. M. Browning
Registrar

 

 

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 and Ivy F. Benoit

Page Revised by Ivy F. Benoit (March 10, 2003)

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