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Will of Catherine Stewart
This is the last will of me Catherine Stewart, wife of Edmund F. Stewart of her Majesty’s Customs Department of London made under and in pursuance of certain marriage articles made between my said husband and myself, and dated November 22nd 1838- I give and bequeath to my executor hereinafter named and his heirs all my real and personal property, monies, plate and effects whatsoever in trust to pay and appropriate the annual rents issues and profits thereof to the use of my said husband and my daughter Catherine Mary Stewart, and of the survivor of them during the term of their natural lives and of the life of such survivor and after the decease of such survivor, should there be any child or grandchild of my said daughter then living I will and direct that my said real and personal estate shall be equally divided amongst such children or grandchildren, but grandchildren nevertheless to take only their parents share, if any children of my said daughter be then living- I further will and direct that should there be no children or grandchildren of my said daughter surviving at the death of the survivor of my said husband and daughter, then my said estate real and personal, shall become the property of my brother George McCawley, if living, and if not, of his child if living, and if not, of his grandchildren if any then survive, and if none such, I then direct that my said estate shall be applied to such uses as the survivor of my said husband and daughter may by will direct and appoint and in default of such appointment to the use of such parties as may be entitled as my next of kin. I appoint William Olive Wood Esquire Attorney of St. John’s Newfoundland, executor of this my will. Catherine Stewart. Signed published and declared by the said testatrix as her last will in our presence who in her presence and at her request have hereto subscribed our names as witnesses at 24 Beauf cy Terrace Maida Vale London this 10th day of August A.D. 1865, Susan Rennie, Anne Angel Bulley, N.W. Hoyles.
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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