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Will of John Tolson Fox Smith
I John Tolson Fox Smith at present of Trinity in the Island of Newfoundland Gentleman being of sound mind do now declare this my will and testament. Hereby revoking and annulling all and every deed, document and writing of any nature whatever affecting the matters disposed of in this said will and testament I do give and bequeath in such manner as shall be hereinafter specified all my right title and interest in and to the sum of two thousand dollars more or less current money of the United States of America recoverable under a Policy of Insurance on my life issued by the Union Mutual Life Insurance Company of Maine in the said United States said Policy being numbered twenty nine thousand eight hundred and twelve and dated on the twelfth day of November Anno Domini one thousand eight hundred and sixty nine further the said Policy is signed by Henry Crocker as President and W.H. Hollister as Secretary of the said Insurance Company and also countersigned at Saint John New Brunswick on the sixteenth day of the month and year aforesaid by Thomas A. Temple as agent for the said Company. The one fourth part of the monies above specified I do give and bequeath to the Reverend Benjamin Smith Rural Dean of Trinity Bay in the Island of Newfoundland and to his widow after him he or she to have the sole and entire use and control of the same subject only to the stipulation now to be set forth namely that no portion of the same shall be seizable for any debt on Church property contracted by the said Reverend Benjamin Smith or for which he may have in any way rendered himself personally liable nor shall any portion of the said monies be applied to the liquidation of any such debt- The remaining three fourths of the monies first herein specified and described I do give and bequeath to the Reverend Benjamin Smith aforesaid as trustee and jointly with him to Thomas Clift of Saint John’s in the Island of Newfoundland aforesaid Commission Merchant as co-Trustee the same to be held by them in trust for my two children Emily Jessie and Henry Sefton Smith to be appropriated for the use and benefit of the said children in such amounts and manner and at such times as shall appear to them the said Trustees most conducive to the interests education and benefit of the said Emily Jessie and Henry Sefton Smith and in case of the death of either of the said children his or her interest in these said monies shall revert to the survivor and further should it so happen that both the said children have died before the whole or any part of the said monies shall have been expended the Trustees aforesaid shall pay over that unexpended amount in equal parts to my two brothers the Reverend William Joseph Smith at present Incumbent of St. Thomas’s Church Pendleton, Manchester, England, and the Reverend Walter Redfearn Smith now residing at Tilt Cove in the Island of Newfoundland aforesaid or the whole of the said sum to either of them should the other be not then living. Finally I do appoint the said Reverend Benjamin Smith and Thomas Clift to be joint executors of this my will and testament. In testimony whereof I have hereunto subscribed my name and set my seal this twenty eighth day of February in the year of our Lord one thousand eight hundred and seventy seven.
John T. F. Smith (LS) Signed sealed and delivered in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator and of each other. Francis Ash. William Pittman.
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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