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Will of Charles Simms
I Charles Simms of St. John’s Newfoundland Barrister and Attorney-at-law do make this my last will and testament. I give devise and bequeath all my real and personal property lands houses goods chattels monies bonds debts and effects whatsoever to my executrix and executors hereinafter named in trust to realize and sell all perishable property farming stock utensils and all household furniture save and except such as my dear wife may wish to retain and safely to invest all monies of my estate (except what may be required for the payment of debts and immediate expenses) in approved mortgage scarcity upon real property of adequate value or in Government Deventines and I do further direct that my farm and lands called “Willow Dale” may as soon as conveniently may be after my decease be sold and the proceeds safely invested in like manner with other monies of my estate- and the annual interest of all monies fall rents issues and profits I hereby direct to be paid to my said dear wife towards her support and maintenance and the support and education of my younger children for and during the term of the life of my said dear wife- And I appoint my said wife to be the Guardian of my children during their minority well knowing her desire that they shall all have a sound moral and religious education- And upon the death of my said dear wife and the coming of age of my youngest surviving child on her marriage if a female with consent of her Guardian I do direct that my estate and effects be disposed of as follows-
First I give and bequeath to Henry Jordan, Arthur James, Joanna Charlotte, Thomas John and Isabelle Mary, my dear children each the sum of three hundred pounds currency. William Cawley Simms M.D. my eldest son has already received an equivalent and I do not include him in the aforementioned specific legacies All the rest and residue of my estate whether lands monies or other effects I leave in equal shares among all my children or their respective representatives if any shall be deceased before such division take place And I do nominate my said dear wife executrix and my dear sons William Cawley Simms M.D. and Charles Henderson Simms to be executors of this my will hereby revoking any former will by me made- In witness whereof I the said Charles Simms have hereunto set my hand and seal the twenty third day of August in the year of our Lord 1859. Charles Simms. Signed sealed published and declared by the said Charles Simms as and for his last will and testament in the presence of us Augustus Simms.
As a codicil to my will I do declare that I do not intend to include either of two eldest sons in the specific legacies for reasons which I trust will be satisfactory to both of them- 4th December 1862, Charles Simms.
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 and also no paragraphs. 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. However, in some of the very long wills, we have tried to insert paragraphs to make it easier for the researcher to read the document.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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