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Will of Thomas Rogers
In re Thomas Rogers deceased
I Thomas Rogers of Durrell's Arm, Twillingate, South Island, in the Northern District of Newfoundland, being of sound and disposing mind and memory to make this my last will and testament hereby revoking all former wills by me at any time heretofore made. And as to my worldly estate and all the property, real, personal, or mixed of which I shall die seized and possessed or to which I shall be entitled at the time of my decease, I devised, bequeath and dispose thereof in the manner following. To wit:- My Will is that all my just debts funeral and testamentary expenses, and a headstone be placed at the head of my grave, shall by my executors hereinafter named be paid out of my estate as soon after my decease as shall by them be found convenient. I give, devise, and bequeath to my two sons Obed Rogers, and Azariah Rogers, to be equally divided between them, all my fishing property of every description, my waterside premises, gardens and land, with all erections thereon and its appurtenances to have and to hold the same unto my said two sons Obed Rogers and Azariah Rogers, their heirs and assigns to them and their sole use and behoof forever. Provided that should my son Thomas Rogers, who at present is residing at Boston USA return to Twillingate with the intention of remaining within six years after my decease require a piece of land to build a dwelling house, it is my desire and wish that my said two sons Obed Rogers and Azariah Rogers shall select a suitable piece of land and allow my said son Thomas Rogers to build only a dwelling house thereon, but should my said son Thomas Rogers at any time after building said dwelling house leave Twillingate to reside elsewhere, he shall be allowed to sell the said dwelling house to any person and the proceeds of such sale shall belong to him the said Thomas Rogers. Should the said dwelling house be purchased by any other person otherwise than by either of my two sons Obed Rogers, or Azariah Rogers, the said dwelling house shall be removed of the land at as early a date as convenient after purchase, and the said land shall once more become the property of my said two sons Obed Rogers and Azariah Rogers their heirs and assigns absolutely. And as to certain moneys invested by me in the following viz:- The Church of England Parish Hall, the sum of one hundred dollars, with interest at the rate of five per cent per annum, in the Arm Methodist Superior School, the sum of three hundred dollars with interest at the rate of four and a half per cent per annum, and with William Ashbourne of Twillingate aforesaid Merchant the sum of eight hundred dollars with interest at the rate of four per cent per annum and all other money that may be in my possession at the time of my decease, I give devise and bequeath in the following manner Viz:- To the South Side Methodist Church the sum of Twenty five dollars, the same to be spent or used as the Financial Board of Trustees may decide. To my son Thomas Rogers, and my daughter Suzannah wife of George Butt, both of whom now reside at Boston USA the sum of one hundred dollars each, and the balance to be equally divided between and among my two sons and two daughters Viz:- Obed Rogers, Azariah Rogers, Sarah Jane, wife of Philip Jenkins, and Elizabeth, wife of Job Compton to their heirs and assigns, to them and their sole use and behoof forever. All the rest and residue of my estate real personal, and mixed of which I shall die seized and possessed, or to which I shall be entitled to at my decease I give, devise, and bequeath to my two sons Obed Rogers and Azariah Rogers, to be equally divided between and among them, to their heirs and assigns, to them and their sole use and behoof forever. And lastly I nominate and appoint my friend Arthur G. Ashbourne of Twillingate aforesaid and my son Obed Rogers to be the executors of this my last will and testament. In testimony whereof I the said Thomas Rogers have to this my last will and testament subscribed my name by affixing my mark [it first having been read over and explained to me by Charles D. Mayne, one of His Majesty's Justice of the Peace and Commissioner of the Supreme Court of Newfoundland] and affixed my seal this third day of April in the year of our Lord one thousand nine hundred and seventeen. Thomas his X mark Rogers. Signed, sealed and published by the said Thomas Rogers who affixed his mark as for (?) as 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 subscribed our names as witnesses thereto. Peter Grimes. Chesley Roberts.
Correct William F. Lloyd
(Listed in the margin next to this will the following)
|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, Alana Bennett, Wendy Weller and Eric Weller
Revised: October 25, 2001 (Ivy F. Benoit)
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