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Will of Matthew Pope
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.
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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