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A Collection of Newfoundland Wills
As always, confirm these, as you would any other source material.
Will of James Power
from Newfoundland will books volume 1 pages 565 & 566 probate year 1849
James Power deceased.
This is the last will and testament of me James Power of Carbonear in the Island of Newfoundland. I will and desire that within twelve months after my death that so much and such parts of any property I may be possessed of at the time of my death as shall not consist of money or security for money (except a piece or parcel of ground in Carbonear situate and bounded on the south by St. Patrick Street and on the North by Crowdy Street) be sold by private sale or public auction and converted into money that the said money and any other moneys I may be possessed of including any moneys which may stand in my name loaned at interest on debenture or otherwise at the time of my death shall all be loaned at interest as soon as conveniently can be on Government security or any real security in the names of my wife Dorothy Power my brother Thomas Power and my brother in law James McCarthy in trust for the uses hereinafter mentioned in this my will the aforesaid Trustees are to have power to alter the securities from time to time as they may think expedient and at the death of either of the Trustees aforesaid it is my will and desire that each of them respectively shall appoint by will deed or any other instrument in writeing a successor in his or her place as Trustees to this my will with all the powers vested in the trustees herein named.
I give and bequeath to my dearly beloved wife Dorothy Power for and during her natural life or her widowhood for and towards her support the interest as it becomes payable and due arising from the moneys aforesaid loaned and placed in trust in the names of my wife Dorothy Power my brother Thomas Power and my brother-in-law James McCarthy. I also give devise and bequeath to my dearly beloved wife Dorothy Power for and during her natural life or her widowhood, the aforesaid piece or parcel of ground in Carbonear situate and bounded on the south by St. Patrick's Street and on the north by Crowdy Street. It is my further will and desire that at the death of my dearly beloved wife aforesaid or at the termination of her widowhood that all interest which is intended that she should have and receive under this will shall cease. At the death of my dearly beloved wife aforesaid or at the termination of her widowhood I give devise and bequeath to my brother Thomas Power in trust the moneys aforesaid loaned at interest and also the aforesaid piece or parcel of ground and all other property I may be possessed of or entitled to at the time of my death, the interest profits and rents arising therefrom to be applied to the use and support of the children of my said brother Thomas Power by his wife Agnes the principle to be divided between them in equal shares and proportions when his oldest child shall attain the age of twenty one years and in case there shall be only one child of the said Thomas and Agnes Power liveing the said moneys and ground aforesaid and all other property I may be possessed of and entitled to at the time of my death to go to the said child for his or her use and benefit. I further will and desire that my aforesaid brother Thomas Power have full power to appoint by will deed or any instrument in writing a trustee or trustees to succeed him in trust to this my will And I appoint my dearly beloved wife Dorothy Power executrix and my brother Thomas Power and my brother-in-law James McCarthy executors to this my will.
In witness whereof I the said James Power the testator have to this my last will and testament, set my hand and seal this seventeenth day of April one thousand eight hundred and forty seven. James Power (LS)
Signed sealed published and declared by the said James Power the testator as his last will and testament in the presence of us who in his presence and at his request and in the presence of each other have hereunto subscribed our names as witnesses thereto on the day of the date above written. Thos. Danson, J.P. Robert John Pinsent, J.P. Alfred Wayne.
D. M. Browning
|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 & Ivy F. Benoit
Page Revised by Ivy F. Benoit (May 13, 2003)
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