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Will of John Silver
Last will and Testament of
This is the last will and Testament of me John Silver of Bonne Bay Merchant. I appoint my dear wife Caroline Silver, Simeon Avery Stipendiary Magistrate both of Bonne Bay aforesaid and John T. Paysant of Halifax Nova Scotia attorney at law Trustees Executrix and Executors of this my will and I declare that the words my Trustees herein used shall comprise the three persons aforesaid and the survivors of them and the Executors and administrators of such survivors or other the trustees or trustee for the time being of this my will.
I give bequeath and devise my estate and property as follows. That is to say: I give to my said dear wife all my household furniture plate linen and chattels of every description for her own use absolutely Also all that my freehold messuage or dwelling house in which I now reside with all gardens out buildings and appurtenances thereto belonging also my two dwelling houses one at present occupied by Peter Jackman as tenant, the other by Robert Lewis all of which are situated at Woody Point Bonne Bay aforesaid. I also give to my said dear wife Caroline Silver all my waterside premises at aforesaid Woody Point consisting of stores outhouses and wharves with all and every of their appurtenances at my decease also all my interest in and to the steamship Harlow.
I desire appoint and bequeath the residue of my Estate that is to say all vessels and schooners of every kind and description all goods and merchandise of every sort or kind whatsoever as well as all other property I may be possessed of in the Dominion of Canada or elsewhere all legacies or money that may be due me by inheritance as well as all money that I may be possessed of at my decease unto my said trustees upon trust to receive possess hold and deal therewith according to the directions hereinafter appearing. I direct my said trustees or the survivor of them to sell and dispose of my said vessels also all goods and merchandise as above mentioned for the best price that can be obtained for the same and call in and convert into money all debts justly due me and I declare that my said Trustees and out of the monies to arise from such sale, calling in, and converting into money and the money of which I shall be possessed of at my death, pay my just debts funeral and testamentary expenses and the remainder of my said monies I direct my said trustees to invest in any way they may think proper for the benefit of my own children to hold the same in equal shares and proportions upon trust to pay and apply the interest and dividends of said monies for the maintenance education and support of all and every one of my own children (and hereby declare that the children born of my dear wife before she was married to me are not included in this will) until they attain the age of twenty one years or shall marry and upon trust to pay to each child on his or her attaining the age of twenty one years or marrying, his or her share of the said monies and accumulations, the money to be invested for my children is not for their sole use and benefit until they become of age, or in case of my dear wife’s death, the dividends in the meantime to be used for the family generally.
And I hereby exonerate every trustee under this my will from losses accruing without his or her own wilful default and authorize him to retain and allow to his co trustees or trustee all expenses incidental to the trusteeship under this my will And I revoke all other previous wills by me at any time heretofore made and declare this writing to be my last will and testament. In witness whereof I hereunto set my hand this 22nd day of March A.D. 1898. (Sgd) John Silver. Signed by the said John Silver the Testator in the presence of us present at the same time who in his presence and in the presence of each other subscribed our names as witnesses. (Sgd) William A. Preble Clerk. (Sgd) Charles Read, operator.
I certify the foregoing to be a correct copy of the last will and Testament of John Silver deceased
D. M. Browning
(Listed in the margin next to this will the following)
Page Contributed by Sheila Tiberio, Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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