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A Collection of Newfoundland Wills
(P)
Matthew Pope

 

Will of Matthew Pope
from Newfoundland will books volume 3 pages 44 to 47 probate year 1867

In re
     Matthew Pope      deceased.

I Matthew Pope of St. John's in the Island of Newfoundland Blacksmith do make this my last will and testament hereby revoking all former wills and testaments by me made. First I devise to my executors hereafter named all the lands on the south west side of Waldegrave Street held by me from Government and from Rennie and Scott (except the land on which my forge stands, the land workshop and yard hereafter mentioned and devised for the use of my son Henry and the land known as Shallow's holding) upon trust out of the rents and profits thereof to pay one half of the ground rents payable to the Government and to Rennie and Scott, (except the ground rent of Shallow's holding) and to apply the residue of such rents and profits, in equal proportions to the sole and separate uses of my daughters Fanny and Jessy and after the decease of either of them to apply her share to the use of her children, if any, equally (children of a deceased child to represent their deceased parent) but if no children or grandchildren then upon trust for the use of the survivor of the said Fanny and Jessy during her life, and after decease upon trust to pay the same to the use of her children with representation as aforesaid to grandchildren but if no such children or grandchildren then upon trust to distribute the said rents and profits amongst my next of kin pursuant to the statute of distributions. Secondly, I devise to my said executors all that part of the said lands on which my forge stands and all my tools used in the said forge and also the western half of the house and garden known as Shallow's holding held by me from Rennie and Scott Upon trust to permit my sons Thomas and John to have the use thereof but subject to the condition that they shall pay the other half of the said ground rents of the said lands held under Government and Rennie and Scott and one half of the rent of the land known as Shallow's holding and upon condition that they shall pay to my said executors during the continuance of the Government lease the annual sum of thirty five pounds currency in half yearly payments; such sum to be applied by my said executors to the sole and separate use of my said daughters and their representatives above described with such limitations as to survivorship in default of children or grandchildren and as to the disposition of the said sum of money on the death of the survivor of my said daughters as are hereinbefore declared with respect to the land devised to their use.     Should my said sons not conform to these conditions my said executors are to lease the premises devised to the use of my said sons and from the rents thereof pay the said last mentioned half of the said ground rents and the said annuity of thirty five pounds and pay the surplus to my said sons.     Should either of my said sons die before the expiration of the said leases his share of the rents and profits thereof are to be applied to the use of his children (grandchildren to represent their deceased parent as aforesaid) but if no children or grandchildren then for the use of the survivor of the said Thomas and John during his life and after his decease for the use of his children with representation as aforesaid to grandchildren, but if no such children or grandchildren to distribute the same amongst my next of kin according to the statute of distributions, but in every case this devise is to be subject to the conditions aforesaid.
Thirdly, I devise to my said executors all that part of my said land on which the workshop and yard adjoining heretofore used by my son Henry, stands, together with the eastern half of Shallow's holding subject to the payment of the other half of the rent of the said Shallow's holding Upon trust to apply the rents and profits thereof to the use of my said son Henry during his life and after his decease to the use of his children with representation as aforesaid to grandchildren and in default of children or grandchildren to the use of my next of kin under the Statute aforesaid.
Fourthly, I give to my sons Thomas and John my stock of unwrought iron and coal.     The manufacturing iron remaining at my decease I direct to be sold by my executors (if to my sons Thomas and John at twelve months credit with or without security as they may think fit) and the proceeds to be applied in the same manner as the residue of my estate next mentioned.
Fifthly, I give to my executors aforesaid and their heirs all the residue of my estate including furniture, money, and share in my father's estate and all other my property both real and personal whatsoever and wheresoever Upon trust to apply and appropriate the same as follows, namely, the annual proceeds of the said property to be paid in equal proportions to the sole and separate uses of my said daughters during their respective lives on the decease of either of them one half of the principal of such property is to be applied to the use of the children of such deceased daughter (grandchildren to represent their deceased parent as aforesaid) but if no such children or grandchildren the annual proceeds of the share of such deceased daughter is to be paid to her sister, her surviving, during her life and after her decease the whole of the said property is to be distributed amongst the children of such surviving daughter, with representation to grandchildren as aforesaid, and if no such children or grandchildren the said property is to be distributed amongst my next of kin under the statute of distributions.
Sixthly, I will and direct that I be buried with the rites of the Church of England in the Church of England cemetery and I further direct that in case any member of my family shall occasion a departure from my directions in this respect or shall cause the attendance on me during my last illness of any Minister of religion other than a Church of England clergyman such member shall derive no benefit under this my will but shall forfeit to the use of such of my children as may not be concerned in such proceeding the estate and interest they would otherwise have enjoyed hereunder. I appoint Mr. Thomas R. Smith and Mr. John Wills executors of this my last will and restatement and I direct that a suit of mourning each for my sisters Jane Barter and for my children shall be provided at the expense of my estate as part of the funeral expenses.
In witness whereof I the said Matthew Pope have hereunto set my hand and seal at St. John's aforesaid this twelfth day of December Anno Domini eighteen hundred and sixty one.
Matthew Pope (LS)
Signed sealed published and declared by the said Matthew Pope as and for his last will and testament in our presence who in his presence and at his request have signed our names as witnesses. The words "and all my tools used in the said forge" in second line of second page being interlined and the words "tools and" on twenty ninth line of third page being erased. W.V. Whiteway, Jno. B. McLee.
I make this codicil to my will hereinbefore written It is my will that my sons Thomas and John shall not participate in any bequest to them under the said will until they shall have paid sixty pounds currency to my executors to be applied by them towards the liquidation of the amount borrowed by me on mortgage or until my said sons shall have made satisfactory arrangements for the payment concerning the payment of the said sum to and with my executors. St. John's Newfdland, May the 18th 1867.     Matthew Pope.
Witnesses, W.V. Whiteway,     George M. Johnson.

Certified correct,
D. M. Browning
Registrar

 

 

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 AST)

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