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A Collection of Newfoundland Wills
As always, confirm these, as you would any other source material.
Will of Robert Slade
from Newfoundland will books volume 1 pages 264 to 268 probate year 1838
Robert Slade deceased.
This is the last will and testament of me Robert Slade of the Town and County of Poole Merchant which I make in manner and form following that is to say First I direct my just debts funeral expenses and the charges of the Probate hereof to be paid and discharged I give and bequeath unto Mr. William Kelson my agent in Newfoundland One hundred pounds
to my clerk Edward Squires one hundred pounds and to Nelson Collingwood Simmonds son of my late brother Samuel Slade's Widow who intermarried with Captain Simmonds One hundred pounds
I give and bequeath unto Miss Mary Bishop who has had the care of my children since the death of their mother for her kindness to them an annuity or yearly sum of twenty pounds to be paid to her quarterly and to commence from my decease and I direct my executors hereinafter named to set apart and invest a certain sum to answer the due and regular payment of the said annuity And as to all the rest residue and remainder of my estate and effects whatsoever and of what nature tenure of kind soever whether real personal or otherwise I give devise and bequeath the same unto my sons in law Robert Slade and Thomas Arnold and to my sons Robert Slade Thomas Slade and James Slade to hold to them the said Robert Slade Thomas Arnold Robert Slade Thomas Slade and James Slade their heirs executors administrators and assigns upon the trusts nevertheless and for the intents and purposes and subject to the powers provisoes and conditions hereinafter mentioned and declared of and concerning the same (that is to say) Upon trust to divide all my said residuary estate and effects into as many parts or shares as I shall have children at the time of my decease And I direct that my said Trustees shall stand seized and possessed of such respective parts and shares of my said residuary estate and effects In trust for my said children who shall respectively be living at the time of my decease to and for the only proper use and behoof of such of my said children who shall have attained the age of twenty one years at the time of my decease (except my son John Slade) and to their respective heirs executors administrators and assigns absolutely and the share of each of such children who shall be under the age of twenty one years at the time of my decease to be a vested interest or interests in him or them respectively when and as soon as he she or they shall respectively attain the age of twenty one years or marry with the consent of my said Trustees whichever shall first happen and to their respective heirs executors administrators and assigns And in case any or either of such my said children shall depart this life under the age of twenty one years without having been so married then I direct that the share or shares of him her or them so dying shall go and belong unto the survivor or survivors and other or others of such children if more than one in equal shares to his her or their heirs executors administrators and assigns absolutely
And as to the part or share of my said son John of and in my said residuary estate and effects I direct that my Trustee shall stand seized and possessed thereof in Trust as to the rents and profits interest and income thereof to appropriate the same to and for the use and benefit of my said son John Slade for and during the term of his natural life in such sum and sums of money and manner and form as they my said Trustees or the majority of them shall in their discretion think proper
And from and immediately after the decease of my said son John Slade as to as well the principal of the share of my said son John Slade of and in my residuary estate and effects as also as to the rents and profits interest and income of such share which shall be then due in trust for the child if only one or all the children if more than one of my said son John Slade such children if more than one to take in equal shares and proportions as tenants in common and not as joint tenants his her and their heirs executors administrators and assigns absolutely And in case any or either of such children shall depart this life under the age of twenty one years without leaving issue then I direct that the share or shares of such child or children so dying as well original as accruing under this clause shall go and belong to the survivor or survivors and other or others of such children if more than one in equal shares But in case my said son John Slade shall depart this life without leaving any issue living at his death or leaving such they shall all die under the age of twenty one years and without leaving issue Then I direct that as well the principal of the share of my said son John of and in my said residuary estate and effects as also the rents interest dividends and income of such share which shall be then due shall go and belong to my then children in such and the like shares and proportions manner and form as is hereinbefore mentioned with respect to their original shares of my said residuary estate and effects
And it is my will and I do hereby declare that such sum or sums of money as shall be advanced by me in my lifetime to my said son in law Robert Slade or to my late daughter Elizabeth Slade his wife or to any other of my children shall be deducted from and taken by such children or child as a part of the shares or portions which such children would respectively have taken under this my will in case no such advances had been made
And I do further order and direct that it shall be lawful for my said Trustees to continue the Trades in which I shall be engaged at the time of my death until my youngest child shall have attained the age of twenty one years or to discontinue the same or any of them or any part thereof in the meantime at their discretion and that such Trustees shall be indemnified from all losses which may happen to my estate by reason of the continuance or discontinuance thereof
And I further order and direct that it shall be lawful for my said Trustees if they shall think proper and at such time or times and in such manner and form as they in their discretion shall think fit (but this authority I do not mean to be compulsory on them) to sell and dispose of all or any of my Messuages storehouses quays lands tenements and hereditaments or parts or shares thereof whether in England or Newfoundland and either by public auction or private contract and together or in lots And I direct that the purchaser or purchasers shall not be obliged to see to the application of the purchase money or be answerable or accountable for the misapplication or non-application thereof And I further direct that the money arising from such sales shall go in the same manner as the residue of the personal estate hereby given will go under this my will and lastly revoking all former wills by me made I declare this only to be my last will and testament.
And do appoint my said sons in law Robert Slade and Thomas Arnold and my said sons Robert Slade Thomas Slade and James Slade executors hereof And I declare that my said Trustees and executors shall have power to lay out all such sums of money as they shall receive under this my will upon the stocks or funds or on Government public or real securities and to vary the same or any which I may have at my decease as they shall think fit. And that it shall be lawful for them to reimburse themselves and himself all expenses which they shall incur or be put unto in the execution of this my will or the trusts herein contained and that they or either of them shall not be answerable or accountable for any banker broker or other person in whose hands any part of my estate and effects may have been placed for safe custody nor for any other loss except the same shall arise from his or their own wilful default And that it shall be lawful for them to compound with any debtors to my estate. And I devise and bequeath all the estates and property which I hold as mortgaged in fee or as a Trustee unto my said sons in law the said Robert Slade and Thomas Arnold and my said sons Robert Slade Thomas Slade and James Slade and to the survivor or survivors of them and to the heirs and assigns of the survivor of them Upon the trusts nevertheless and subject to the powers of redemption under which I hold the same.
In witness whereof I the said Robert Slade the testator have to this my last will and testament contained in four sheets of paper affixed together set my hand and seal (that is to say) to the first three sheets I have subscribed my name and to this fourth and last sheet I have subscribed my name and affixed my seal this fourteenth day of February in the year of our Lord one thousand eight hundred and twenty nine. Robert Slade (LS)
Signed sealed published and declared by the said Robert Slade the testator as and for his last will and testament in the presence of us who in his presence and in the presence of each other at his request have subscribed our names as witnesses hereto as we have likewise done to a duplicate of the above written will at the same time.
John Snelgar Junr of Poole. William Meering Shipwright Poole. Ambrose Cobb Cooper Poole.
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 and Ivy F. Benoit
Page Revised by Ivy F. Benoit (March 12, 2003)
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