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A Collection of Newfoundland Wills
(S)
Jane Skardon

 

Will of Jane Skardon
from Newfoundland will books volume 1 pages 448 to 455 probate year 1844

In re
     Jane Skardon       deceased.

This is the last will and testament of me Jane Skardon of the Parish of Saint Thomas the Apostle in the county of Devon Widow I direct that my funeral be plain and inexpensive and conducted in such manner as my executors in trust may think fit I request that all my just debts and funeral and testamentary expenses may be paid as soon as conveniently may be after my decease And I give to my daughter in law Ann Cowell widow of my late son William Cowell the sum of twenty pounds of lawful money to be paid to her within three calendar months next after my decease Also I direct my executors in trust hereinafter named to pay to the said Ann Cowell out of the annual income of my real and leasehold estate the sum of ten pounds yearly and every year until her youngest daughter Louisa Cowell shall attain the age of twenty one years or die under that age the same to be paid by equal half yearly payments and the first half yearly payment to be made at the expiration of six calendar months next after my decease and when and as soon as the said Louisa Cowell shall attain her age of twenty one years or die under that age the said annual payment to cease Also I give to my said grand daughter Louisa Cowell my six silver tea spoons marked K.C. J.D. and my silver sugar tongs marked W.J.C. my silver snuff box and my three rings to be delivered to her on attaining her age of twenty one years and in case she shall die under that age I give the same respectively unto her sister Anna Maria Wyatt wife of Albion Wyatt. Also I give my Bible to the said Louisa Cowell and request the same may be delivered to her immediately on my decease
Also I direct my executors in trust to pay to my late servant Mary Brooking wife of Richard Brooking of Saint Thomas the Apostle aforesaid the sum of fifty pounds the same to be paid out of the annual income of my said estate by the instalments and in manner following namely five pounds part thereof at the end of six calendar months next after my decease and the like sum of five pounds at the expiration of every subsequent six months until the whole of the said sum of fifty pounds shall be paid And I direct that the same shall be received enjoyed and disposed of by the said Mary Brooking as her separate estate without the control or interference of her present or any future husband and her receipt to be notwithstanding coverture and effectual discharge for the same Provided and I direct that in case the said Mary Brooking shall happen to die before the whole of the said fifty pounds shall become payable to her as aforesaid such part thereof as shall then remain unpaid shall not be paid or payable but sink into my residuary estate Also I give to the said Mary Brooking the sum of thirty shillings to purchase mourning
Also I give to Quinton Hicks Brooking son of the said Mary Brooking if and when he shall attain his age of twenty one years the sum of ten pounds but without any interest in the meantime and in case he shall die under twenty one the said legacy to sink into my residuary estate and vest and go therewith, And I request my executor in trust to lay out the sum of thirty shillings for mourning for the said Quinton Hicks Brooking at my decease
Also I give to Miss Georgena Row eldest daughter of the said William Row one pair of silver table spoons marked J.C.
Also I give to Mary Bickford wife of William Bickford of Saint Thomas aforesaid and sister to my said daughter in law Ann Cowell the sum of forty pounds to be paid to her by four equal instalments of ten pounds each at the end of six, twelve, eighteen and twenty four months respectively next after my decease and in case the said Mary Bickford shall happen to die in my lifetime or after my decease and before the said instalments shall become payable as aforesaid I give the said Forty pounds or such part thereof as shall remain unpaid to such of the daughters of the said Mary Bickford as shall be then living and unmarried equally between them if more than one
Also I give the said William Bickford the sum of ten pounds and ten shillings to be paid immediately after my decease And I direct that the legacy duty payable in respect of the pecuniary legacies and annuities by this my will given shall be paid by my executors in trust out of my residuary estate And I give devise and bequeath all my freehold real and leasehold messuages tenements dwelling houses Rooms Buildings Lands Hereditaments and Premises with the appurtenances situate and lying in the Island of Newfoundland or elsewhere over which I have any power of Appointment or other testamentary disposition And all my estate and interest therein and all the residue and remainder of my goods, chattels, rights, credits monies and securities for money personal and testamentary estate and effects over which I have any right or power of Appointment or other testamentary disposition to and to the use of John Rendle and William Row both of Shaldon in the County of Devon Merchants their heirs executors administrators and assigns respectively according to the quality of the estate Upon Trust to sell my said freehold real and leasehold messuages tenements dwelling houses Rooms Buildings lands hereditaments and premises together or in parcels by public auction or private contract as they in their discretion shall think fit and to sell and convert into money and get in my residuary personal estate And (subject to the payment thereout of my just debts and the several legacies and annual sums hereinbefore given and also subject to the payment thereout of the sum of one hundred pounds for the benefit of my said daughter in law Ann Cowell at the time hereinafter mentioned with the payment of which respectively I hereby charge my said real Leasehold and personal estates respectively) the monies to arise by sale of my said real leasehold and residuary personal estate and all other my said residuary estate effects and property shall be upon trust for my three grandchildren William John Cowell and the said Anna Maria Wyatt and Louisa Cowell equally to be divided between them share and share alike as tenants in common and their respective executors administrators and assigns to be vested interests in them respectively when and so soon as the said Louisa Cowell shall attain her age of twenty one years or die under that age subject nevertheless as to the part or share of the said William John Cowell to the payment thereout of the sum of twenty pounds to his mother the said Ann Cowell as hereinafter mentioned
And I declare that the share of my said grand daughter Anna Maria Wyatt of and in my said estate and effects shall be received enjoyed and disposed of by her as her separate estate without the control or interference of her present or any future husband and her receipt to be notwithstanding coverture an effectual discharge for the same with power to my said grand daughter Anna Maria Wyatt to dispose of by her will what if any shall remain of her share of my said estate at her death and in default thereof to go to her next of kin according to the Statues for the Distribution of Intestate Effects exclusive of her husband Provided that in case the said Louisa Cowell or the said William John Cowell or Anna Maria Wyatt shall die before the said Louisa Cowell shall attain her age of twenty one years leaving lawful issue living at the time or respective times of their deaths the share and shares of him her or them so dying shall go and belong to his her or their respective issue such issue to take their respective parents share equally between them if more than one share and share alike to be a vested interest in such issue on the deaths of their respective parents Provided also that in case the said Louisa Cowell or the said William John Cowell or Anna Maria Wyatt shall happen to die before the said Louisa Cowell shall attain her age of twenty one years without leaving lawful issue living at the time of his her or their death or respective deaths the share or shares original and accruing of him her or them so dying shall go and belong to the survivors and survivor or other s or other of them my said grandchildren equally between them if more than one as tenants in common to be an interest vested in them respectively at the same time with their respective original shares Provided nevertheless and I declare that no sale of my said real or leasehold estate or any part thereof respectively shall be made until my said grand daughter Louisa Cowell shall attain her age of twenty one years or die under that age And I declare that in the meantime and until the same shall be sold my said real and leasehold estates shall be upon the same trusts hereinbefore contained concerning the monies to arise by sale thereof and the rents and yearly produce thereof shall in the meantime be paid and applied to and for the benefit of my said three grandchildren (subject nevertheless as hereinbefore mentioned) notwithstanding they shall not then have attained vested interests in their said respective shares And I declare that my said real estate shall from the time of my decease be considered as personal estate and vest and go as such Provided and I direct my said Trustees and Trustee for the time being within six calendar months next after my said grand daughter Louisa Cowell shall attain her age of twenty one years or die under that age appropriate out of the monies to arise by sale of my said estates the sum of One hundred pounds of lawful money and lay out the same in the purchase of an irredeemable annuity for the life of my said daughter in law Ann Cowell the said annuity to be purchased either from Government or any public Company empowered by Act of Parliament to grant annuities for lives as my said Trustees or Trustee shall think fit and which said annuity I give to the said Ann Cowell for her own benefit absolutely And I declare that the said Ann Cowell shall not be allowed to accept the said one hundred pounds in lieu of the said annuity Provided also and I direct my said Trustees and Trustee for the time being to pay to the said Ann Cowell out of the third part or share of the annual income of my said grandson William John Cowell the sum of twenty pounds of lawful money by two equal annual instalments namely ten pounds at the end of the first year and ten pounds at the end of the second year next after my decease and which I hereby bequeath to the said Ann Cowell for her own benefit anything hereinbefore contained to the contrary notwithstanding
And I give full power to my said Trustees and Trustee and I order and direct them to pay and apply from and after my decease and during the minority of the said Louisa Cowell or of any infant or infants for the time being entitled or presumptively entitled to my said estate and effects or any part or parts thereof the annual income of the respective shares of the said Louisa Cowell or such infant or infants respectively for and towards the respective maintenance education and support of the said Louisa Cowell and such infant and infants as aforesaid And also to pay and apply during the respective minorities of the said Louisa Cowell or of any infant or infants respectively for the time being entitled presumptively entitled to my said estate and effects or any part or parts thereof the whole or any part of the principal of the respective shares or presumptive shares of the said Louisa Cowell or such infant or infants respectively for the purpose of placing them respectively to any trade or business or in any other manner for their respective benefit as my said Trustees or Trustee for the time being shall think fit anything hereinbefore contained to the contrary notwithstanding And I empower the trustees and Trustee for the time being of this my will to give receipts to any purchaser or purchasers or other person or persons for all monies and effects to be paid or delivered to such trustee or trustees by virtue of this my will And declare that such receipts shall exonerate the person taking the same from liability to see to the application or disposition of the money or effects therein contained
And I direct the said Trustees and Trustee for the time being acting under this my will from and after my decease from time to time to place out all monies in their or his hands and not for the time being wanted for any other purpose in the Public Stocks or Funds of this Kingdom or at interest upon Real security with power to vary such securities for others of the like nature from time to time as occasion may require subject always nevertheless to the trusts hereinbefore declared concerning the same And I appoint the said John Rendle and William Row executors in trust of this my will And I empower the Trustees or Trustee for the time being of this my will to compound or allow time for the payment of any debt or debts due to my estate and to settle all demands against my estate and all accounts between me and any person or persons on such terms as my said Trustees or Trustee shall in their or his discretion think expedient and to refer any matters in difference relating to my affairs to arbitration And I declare that if my said Trustees or either of them or any person or persons to be appointed under this Clause shall die or be unwilling or incompetent to execute the trusts of this my will it shall be lawful for the competent Trustees or Trustee for the time being (if any) whether retiring from the office of Trustee or not or (if none) for the executors or administrators of the last surviving Trustee to substitute by any writing under their or his hands or hand any fit person or persons in whom alone or (as the case may be) jointly with the surviving or continuing Trustees or Trustee my trust estate shall be vested And I exempt every Trustee of my will from liability for losses occurring without his own wilful default and authorise him to retain and allow to his co-trustee or co-trustees all expenses incidental to Trusteeship And lastly I revoke all former and other wills.
In witness whereof I the said Jane Skardon the testatrix have to this my last will and testament contained in five sheets of paper to the first four sheets thereof set my hand and to this fifth and last sheet thereof my hand and seal this sixth day of October in the year of our Lord one thousand eight hundred and thirty six. Jane Skardon (LS)
Signed sealed published and declared by the said Jane Skardon the testatrix as and for her last will and testament in the presence of us who at her request in her presence and also in the presence of each other have hereunto subscribed our names as witnesses thereto, Wm. Woodman, Exeter, Surgeon.     Henry Wm. Dickinson,     Mattw Thos. Mends, Clerks to Messrs. Goare & Mountford, Solrs, Exeter.

This is a Codicil to be added to and taken as part of the last will and testament of me Jane Skardon of the Parish of Saint Thomas the Apostle in the County of Devon, Widow, which will bears date the sixth day of October one thousand eight hundred and thirty six I give to Mary Bickford wife of William Bickford of Saint Thomas' aforesaid the sum of sixty pounds to be paid to her by four equal instalments at six, twelve, eighteen and twenty four months respectively next after my decease and in case the said Mary Bickford shall happen to die in my lifetime or after my decease and before the said instalments shall become payable as aforesaid I give the said sixty pounds or such part thereof as shall remain unpaid to such of the daughters of the said Mary Bickford as shall be then living and unmarried equally between them if more than one and if but one to such only one and I declare that the said sum of sixty pounds is in addition to the sum of forty pounds bequeathed to the said Mary Bickford by my said will Also I give to the said Mary Bickford all my household goods and furniture (but not my Plate) for her own use and benefit, Also I give the said William Bickford the sum of twenty nine pounds and ten shillings of lawful money to be paid to him at the expiration of twelve calendar months next after my decease and which twenty nine pounds and ten shillings I declare is in addition to the sum of ten pounds and ten shillings bequeathed to the said William Bickford by my said will
And whereas I have by my said will directed my Trustees and Trustee for the time being within six calendar months next after my grand daughter Louisa Cowell shall attain her age of twenty one years or die under that age to appropriate out of the monies to arise by sale of my real and leasehold estate the sum of one hundred pounds and lay out the same in the purchase of an annuity for the life of my daughter in law Ann Cowell as in my said will mentioned Now I do hereby revoke the direction contained in my said will to appropriate the said sum of one hundred pounds in the purchase of the said annuity and in lieu thereof I do hereby direct my said Trustees and Trustee for the time being acting under my said will within six calendar months next after my said granddaughter Louisa Cowell shall attain her age of twenty one years or die under that age which shall first happen to appropriate out of the monies to arise by sale of my real and leasehold estates the sum of one hundred and fifty pounds of lawful money and lay out the same in the purchase of an irredeemable annuity for the life of my said daughter in law Ann Cowell the said annuity to be purchased either from Government or any Public Company empowered by Act of Parliament to grant annuities for lives as my said Trustees or Trustee shall think fit and which said annuity I give to the said Ann Cowell for her own benefit absolutely and I declare that the said Ann Cowell shall not be allowed to accept the said sum of one hundred and fifty pounds in lieu of the said annuity And I charge my real leasehold and residuary personal estate with the payment of the several legacies hereby given and I direct that the legacy duty payable in respect of the said legacies and annuity hereby given shall be paid by my executors in trust out of my said residuary estate. And I confirm my said will in all respects not hereby altered.
In witness whereof I the said Jane Skardon the testatrix have to this codicil to my last will and testament set my hand and seal this eleventh day of October in the year of our Lord one thousand eight hundred and thirty seven. Jane Skardon (LS)
Signed sealed published and declared by the said Jane Skardon the testatrix as and for a codicil to be added to and taken as part of her last will and testament in the presence of us who at his request in her presence and in the presence of each other have hereunto subscribed our names as witness thereto, Jos. Mountford of Exeter, Atty at law,     Thos. J. Mountford, his clerk,     Samuel Hill of Saint Thomas Smith.

Certified Correct,
D. M. Browning
Registrar

 

 

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 and Ivy F. Benoit

Page Revised by Ivy F. Benoit (April 16, 2003)

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