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Will of Jacob Smith Senior
The will of Jacob Smith, the elder, son of Thomas Smith late of Chance Cove- I Jacob Smith sensible that I am soon to be called to go the way of all the earth, and desiring before that time to make disposal of my worldly property make this my last will and deed concerning it- First, I humbly commend my soul to God trusting in the merits of my dear Redeemer, and looking for after death, a joyful resurrection. I give to Mary Hudson, my granddaughter 100 £ cy to be paid her by my executrix on the day of her marriage- also a meadow known as the Back Cove meadow, situated between my dwelling place and William Smith’s. I give to Sarah Hudson my granddaughter 40 £ cy to be paid similarly and at the same time as the above 100 £- also 45 yards of meadow ground in frontage and 100 in depth- that portion of the meadow which lies between what I give to Elizabeth Hudson and my dear wife; also the hill garden at the back of my house known as the small hill garden. To Providence Smith my granddaughter, I give 50 £ cy to be paid her by my executrix after my decease. I give to Elizabeth Hudson my remaining granddaughter 40 yards frontage and 100 yds depth of the western portion of my room and meadow aforesaid, together with the marsh meadow at the back of her father’s house. And to my dear wife Sarah Smith the use of all the monies I have in the Union and Savings Bank the legacies above mentioned excepted, to be at her sole disposal- also the use of the fishing room, gear, nets, boats &c. and all the land, the foregoing lots excepted, together with the dwelling house and outhouses &c. but after her decease the dwelling house shall become the property of Mary Hudson above mentioned. Provided however that in the event of any of my granddaughters to whom I have here willed land leaving Chance Cove permanently I revoke my gift to them, and transfer it to those who shall remain to be divided equally amongst them. Provided also that if Providence Smith, Sarah, Mary or Elizabeth Hudson my granddaughers marry a member of another Church then I revoke my gifts of whatever kind, money or land, to them and wish it to be the property of my dear wife- To my brother Benjamin Smith I give my second best suit of clothes and appoint my dear wife Sarah Smith sole executrix of this my will and testament and my residuary legatee.
Jacob his X mark Smith- Signed and delivered by the above named Jacob Smith in presence of (and of each other) this eighteenth day of March in the year of our Lord God one thousand eight hundred and sixty seven, Henry Petley Missionary Minister of New Harbor Newfd, Thomas Smith his X mark Southern Harbor, Newfld. Chance Cove, March 18, 1867.
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. 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 & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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