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Will of Nicholas Stabb
This is the last will of me Nicholas Stabb of St. John’s Merchant I give and devise to my executors hereinafter named and their heirs all my estate and property whatsoever upon the trusts following that is to say Upon trust to pay and appropriate the annual interest and proceeds thereof to the use of my wife Rachel Stabb during the term of her natural life to be by her applied to the maintenance of herself and my unmarried daughters but subject to the directions hereinafter contained with respect to the investment of the whole or part of my said estate in trade or upon security and after her decease to pay and apply my said estate as follows namely To my sons Thomas and Nicholas the sum of One thousand pounds currency each- To my married daughters Elizabeth and Marianne the sum of Seven hundred and fifty pounds currency each- and the residue of my said estate to be invested and the annual interest and proceeds applied to the use and benefit of my unmarried daughters, but subject to the following conditions
First- Should either of my unmarried daughters marry, she is to receive out of such residue the sum of Seven hundred and fifty pounds currency in lieu of any further claim on such annual interest and proceeds aforesaid
Second- Should a second of my unmarried daughters marry she is to receive out of the said residue the sum of seven hundred and fifty pounds currency in lieu of any further claim upon the interest and proceeds aforesaid and a sum of one thousand pounds currency of the said residue is to be paid to and divided amongst all my married daughters
Third- Should my third unmarried daughter marry the sum of one thousand pounds currency out of the said residue shall be paid to her and the remainder of the said residue shall be divided amongst all my children- I further will and direct that upon receipt by my executors of my life insurance the sum of two thousand pounds currency of which such Life Insurance shall form a part shall be invested in good security, but forming part of my estate subject to the dispositions herein before contained, and that subject to such investment, my whole estate shall continue in the trade now carried on by myself and my sons for the period of one year after my decease, and for such further period as my wife and sons may agree that it shall so remain, the profits and losses of the said trade to be then received and borne by my said wife and sons in the proportions of one third to each, and that after one year or after such further time as my wife shall wish to withdraw my said estate from the said trade, my executors with her consent, shall be at liberty to leave all or a proportion thereof in the trade as an investment at interest at the rate of six pounds per centrum per annum, but subject in all cases to the prior investment of two thousand pounds aforesaid, and subject also to the condition that my said sons shall be able at all times to satisfy my friend Stephen Rendell Esquire, that such investment is safe.
I further direct that the monies payable as aforesaid after or upon the marriage of either of my said daughters, shall be paid within twelve months after every such event; that in all such payments and distribution aforesaid the children of any of my children who may have previously died, shall represent their deceased parent; and that should either of my said unmarried daughters die unmarried her death shall operate to the same effect as her marriage in respect to the payments to be made as hereinbefore directed to my other children I appoint my sons Thomas and Nicholas and my friend Stephen Rendell executors of this my will, and after my wife’s decease, Guardians of any of my children who may then be minors The above disposition is based upon an estate of eight thousand five hundred pounds currency Should it realize less than that sum not less than four thousand pounds are to be invested for the support of my unmarried daughters.
Nicholas Stabb. Signed and published by the said Nicholas Stabb testator as his last will in our presence who in his presence have hereto subscribed our names as witnesses hereto at St. John’s this twenty ninth day of June Anno Domini eighteen hundred and sixty-four. Hugh W. Hoyles, James S. Winter.
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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