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A Collection of Newfoundland Wills
James Stewart


Will of James Stewart
from Newfoundland will books volume 4 pages 453 to 457 probate year 1844
(The will index gives the probate year, for this will, as 1844, but it is filed chronologically with wills from 1886)

In re
      James Stewart deceased.

I James Stewart Merchant of Greenock considering that as I am about to embark on a voyage to Newfoundland and for other causes and considerations, it is proper in order to prevent disputes relative to the succession to my means and estate after my death, that I settle the same in manner following, Therefore I do hereby give, grant, alienate and dispone from me, my heirs and successors whomsoever To and in favor of Mrs. Joanna Shaw, my wife, William Stewart Merchant in Greenock my brother, John Thomson, William Johnston and Walter Baine Grieve Junior Merchants in Greenock and to such person or persons as I shall appoint or they shall assume in virtue of the powers hereinafter committed to them, and to the survivors or survivor of them (the major part alive and accepting at the time being always a quorum) as trustees for the uses, ends and purposes after mentioned, and to the onerous disponees of the said Trustees, heritably and irredeemably all and sundry my lands, tenements and heritages whatsoever, heritable bonds, rights claims and interest and generally my whole heritable subjects of every description, presently belonging or which shall belong to me at the time of my death, with the whole writs, title deeds, grounds, evident and securities of the same with all that has followed or may be competent to follow thereon:     And in like manner my whole goods and gear, ships, barques, and vessels, stock in trade, debts, sums of money plenishing, furniture and effects whatever, and generally my whole moveable subjects, now belonging or that may belong to me at the time of my death;     And I do hereby make and constitute my said Trustees my lawful cessioners and assignees not only in and to the whole moveable estate now belonging or which shall belong to me at the time of my death, but also to the whole writs, documents, vouchers and instructions of the same, with all that has followed or may follow thereon; surrogating and hereby substituting my said Trustees in my full right, title and place of the premises:     In which lands and heritages I bind and oblige me, my heirs and successors to infeft and lease my said trustees to be holden a me vel de me, and for that purpose to grant Procurations of Resignation, Precepts of Sasine and all other writings necessary:    All which subjects, heritable and moveable, above disponed are conveyed by me in trust always for the uses, ends and purposes and under the conditions and reservations after mentioned;
In the First place my said Trustees shall satisfy all the just and lawful debts that may be resting owing by me at the time of my death, with my funeral charges and the expense of executing this trust;
In the second place my said Trustees shall pay to my beloved wife, the said Mrs. Joanna Shaw, an annuity of three hundred pounds sterling during all the years of her life to be paid to her monthly in equal instalments commencing at my death, or after twelve months shall have elapsed from my sailing from any port or place and not being heard of, with the legal interest of the said annuity from the time the same shall become due, till payment;
In the third place my said Trustees shall dispone, convey and make over to my said wife the whole of household furniture and plenishing to be used, enjoyed and disposed of by her at her pleasure;
In the fourth place in the event of there being children of our present marriage I hereby appoint my said wife out of the foresaid annuity of three hundred pounds to cloathe, support and educate the said children until they shall severally attain the age of ten years;     and upon their severally attaining that age, I hereby authorize and direct and appoint my said trustees to allot to each of them, as they shall attain the said age, such an annual sum or sums for their future education and support as my said trustees may think reasonable and proper;
In the fifth place, after setting aside such a sum of money as will secure the payment of the foresaid annuity to my wife, I hereby direct and appoint my said Trustees to redispone, convey and make over to the issue of my present marriage the whole of my means and estate, heritable and moveable, in the event of there being only one child of the said marriage;    but in the event of there being more than one, then to the said children equally among them, share and share alike; and in either case, I appoint the said conveyance to be made at the periods and subject to the conditions following, namely, if a son or sons, upon his or their attaining the age of twenty five years complete, but not sooner, a reasonable yearly allowance being made to him or them by the said trustees for their education and support from the time of my death or after they shall have attained the age of ten years, until they shall have arrived at the age of twenty five years;    And if a daughter or daughters upon her or their severally attaining majority, but my said trustees are, in this last case, hereby directed and required to reinvest the share or shares of my estate, heritable or moveable coming to her or them on such security as they shall see proper, taking the conveyances or securities thereof in favor of my said daughter or daughters in liferent for their liferent use allenarly, and to the child or children to be lawfully procreated of her or their bodies in fee;     an allowance being also to be made by the said Trustees for their support similar to the above until they shall have attained majority as aforesaid;    And I hereby declare that in the event of my not having children of my present marriage, or in the event of my having children and their dying before attaining the age of twenty five years in the case of sons, or majority in the case of daughters; or without children lawfully procreated of their or either of their bodies, and surviving them, then and in that event I direct and appoint my said Trustees to dispone, convey and make over my whole property heritable and moveable to my said brother William and his heirs, subject always to the liferent annuity of three hundred pounds to my wife before mentioned
In the sixth place, as it is my wish to help my brother William forward in business, I hereby direct and appoint my said Trustees to allow him the use of fifteen thousand pounds sterling of my capital; or stock in trade for the period of ten years after my decease upon his granting his personal Bond for the same, and paying them interest for the use thereof at the rate of two pounds per centrum per annum;     the remainder of the means and estate belonging to me, if any to be laid out and secured for behoof of my children, should there be any of my present marriage, and failing them for behoof of my brother as before directed, at the sight of my said Trustees, or a majority of them;     declaring that the annuity to my said wife shall be paid out of the interest of the said loan to my brother so long as he shall retain the same;     And farther I do hereby declare that although my present marriage should dissolve by the death of my wife or myself within year and day, the liferent annuity before mentioned conceived in favor of my said wife shall subsist and have full effect in the same manner as if no such dissolution had happened, any law or practice notwithstanding;     And I the said Mrs. Joanna Shaw alias Stewart do hereby accept of the foresaid annuity of three hundred pounds, and disposition of household furniture and plenishing, in full satisfaction of all terce of lands, legal share of moveables, and every other thing that I jure relicta or otherwise could ask, claim or crave from my said husband or his heirs, executors and representatives, in and through his death in case I shall survive him, or that my nearest of kin can ask or demand of him through my death, in case he shall happen to survive me:    And farther I the said James Stewart do hereby give full power to my said Trustees or their quorum, or the survivor, to add and assume such other person or persons one or more as they shall think fit, to be Trustees along with them, And which Trustees so named and assumed shall possess the same powers and privileges which are hereby conferred on the trustees above named;    And for carrying these presents more effectually into execution I hereby nominate and appoint my said Trustees for the uses and purposes foresaid to be my sole and only executors and intromitters with my goods and gear, with power to them to give up Inventories of my effects, and fonrim my testament if needful;    And I also nominate and appoint my said Trustees to be tutors and curators to my said children should there be any of my present marriage; committing hereby to them the whole powers competent to tutors and curators by law for managing the estate of minors; And I hereby declare that my said trustees whether acting as such or in the capacity of tutors and curators shall not be bound to do diligence nor in solidum nor for omissions but only each for his own actual intromissions only;
And I hereby reserve to myself not only my liferent right of the whole subjects hereinbefore conveyed But also full power and liberty at any time in my life and even on deathbed, to revoke, burden or alter these presents in whole or in part as I may see fit, except with regard to the annuity and household furniture provided to my said wife:     And I dispense with the delivery hereof, and declare these presents in so far as they may be unaltered by me, though found in my repositories or in the possession of a third party undelivered at the time of my death, to have the effect of a delivered evident, any law or practice to the contrary notwithstanding,    And we the said James Stewart and Joanna Shaw consent to the registration hereof in the Books of Council and Session or others competent therein to remain for preservation;    or, if need be that Letters of Horning on a charge of six days and all other execution of the law may pass and be directed hereon in form as effein And thereto constitute William Kerr writer in Greenock Procurators;     In witness whereof these presents written upon this and the three preceding pages of stamped paper by David Glassford, writer in Greenock are subscribed by us at Greenock the nineteenth day of July eighteen hundred and twenty five years, before these witnesses George Williamson, writer in Greenock and the said David Glassford (signed) James Stewart, Joanna Stewart, Geo. Williamson, witness,    David Glassford, witness.

Certified correct,
D. M. Browning



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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