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Will of Martin Smart
This is the last will and testament of me Martin Smart of the town of Harbour Grace in the Island of Newfoundland Master Mariner. I give devise and bequeath to my beloved wife Catherine Smart during the term of her natural life My dwelling house with all furniture outhouses and all other property that I now possess. I also leave my two watches and gold ring to my beloved wife Catherine Smart for the term of her natural life. After the death of my beloved wife Catherine Smart my silver watch descends to Michael Smart son of James Smart My gold watch and chain descends to Mary Ann Smart daughter of James Smart. It is my request that one suit of my best clothes will be kept by Mrs. Smart during her natural life it shall then descend to Michael Smart son of James Smart
I leave and bequeath to my beloved wife Catherine Smart the sum of fifty pounds a year and every year for her support from money that is now in the Savings Bank until all is drawn. The executors that will be named and appointed hereafter will see that the sum of fifty pounds shall be still paid to Mrs. Smart from money now in the Union Bank. And if in the end should the monies not hold out. Then the Mahogany furniture must be sold for my beloved wife Catherine Smart’s support and if that should be spent the dwelling house is to be sold and the money placed in the Union Bank and to be drawn by Mrs. Smart when due After my beloved wife’s death whatever monies remain after the payment of four High Masses for myself and my beloved wife shall be given to Mary Ann Smart daughter of James Smart. There is a head stone to be placed at the head of my grave to cost fifteen pounds with my name and age thereon. Also a space to be left for the name and age of my beloved wife when she dies. I am to be buried on the south side of my daughter’s grave. The expences attending my funeral will be paid by money at the time in my house. And I nominate and appoint Mr. John Green, Mr. John Strapp and Mr. Charles L. Kennedy all of Harbor Grace to be executors of this my will. And hereby revoking all former or other wills by me at any time made. I the said Martin Smart do this which I declare to be my last will and testament. as witness my hand this fifth day of December one thousand eight hundred and eighty three. Martin Smart (LS) Signed by the said testator as his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have subscribed our names as witnesses P.D. Knight, Wm.C. Fitzgerald. The dwelling house is to kept insured in the sum of three hundred pounds (£300) Martin Smart. Harbour Grace, December 5th 1883, witnesses, P.D. Knight, Wm. C. Fitzgerald.
A codicil to my will. I leave the dwelling
house and land that I now occupy to Michael Smart of James as mentioned
in my will as my heir and to his sister Mary Ann Smart. Michael Smart of James is to be sole owner of two thirds of the aforesaid
dwelling house and everything that I now possess after Mrs. Smart’s death. and his
sister Mary Ann Smart sole owner of one third of the aforesaid
dwelling house according to valuation. The property is to remain
in my name during my wife’s Catherine Smart’s natural life and
it then descends to Michael Smart of James for ever House furniture and three
beds with all outhouses and implements belonging.
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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