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Will of William Stirling Senior
This is the last will and testament of William Stirling the elder late of Harbor Grace, now residing in Twillingate in the Northern District of the Island of Newfoundland, I do hereby revoke all former wills or deeds of trust and declare this to be my last will and testament. I give and bequeath to my executor hereafter named in trust the sum of three hundred and fifty pounds or thereabout now standing in my name in Government Debentures and further in trust the sum of three hundred and twenty five pounds cy now in the hands of Samuel Gordon of Harbor Grace in the District and Island aforesaid that sum being now due accureing out of the sale of certain premises formerly belonging to me situate in Harbour Grace aforesaid and sold to him the said Samuel Gordon by me the said William Stirling the elder and further in trust the sum of one hundred and twenty pounds now in the hands of Thomas Higgins of Harbour Grace aforesaid the same being now due to me accureing out of the sale of certain premises likewise formerly belonging to me situate in Harbour Grace aforesaid and to hold the said sum and sums of money with all interest and dividends to accrue thereon to for and upon the several uses hereafter expressed. It is my will that the interest dividends and income of the aforesaid trust monies debentures and securities shall be paid unto my wife Emma Stirling for the term of her natural life then as to all the said trust monies debentures bonds or securities or whatsoever monies may then be due or interest or otherwise to the estate That in consideration of the natural love and affection my son William Stirling and Edgar Stirling have evinced towards me and their mother during and since our affliction by pecuniary advances made by them and otherwise contributed to our mutual comfort It is my will at the decease of my said wife Emma Stirling & I give and bequeath out of the said monies arising from the aforementioned sums to my son William Stirling his heirs and executors the sum of Four hundred pounds for his or their own benefit and use and to my son Edgar Stirling his heirs or executors the sum of Two hundred pounds for his or their own benefit and use. And I give and bequeath to my executor the sum of fifty pounds to be raised out of the aforementioned securities upon trust to be expended at the discretion of my said executor for the sole benefit of James Martin the adopted son of my son James Stirling for and towards his support maintenance and education or the placing or putting of him in or to any business profession or employment or otherwise for his bent or advancement always subject to the approbation of my said executor. And I hereby further declare that the Trustee for the time being of this my will shall be charged and chargeable only with such monies as he shall actually receive by virtue of the trusts hereby reposed in him and shall not be accountable or answerable for any banker, broker or other person with whom or in whose hands the said trust monies or any part thereof shall be placed for safe custody or otherwise nor for the insufficiency of any security upon which the same shall be invested nor for any other loss misfortune or damage which may happen in the execution of the aforesaid trusts or any of them or in relation thereunto, unless the same shall happen by or through his own wilful default. And also that it shall be lawful for the said Trustee by and out of the monies which shall come to his hand to retain or allow all costs charges damages and expenses and fees to Counsel for advice which he shall sustain or expend in or about the execution of the said trust or relation thereto. And as to the residue of my estate whatsoever and wheresoever and of what kind soever I give and bequeath the same as follows to my son James Stirling twenty pounds to my son George Stirling twenty pounds to my son Archibald Stirling twenty pounds to my son Regnal Stirling twenty pounds & to my son Albert Stirling twenty pounds all of current money of Newfoundland and whatever otherwise remaining to my executor for his own use and benefit. And I hereby nominate and appoint my son William Stirling of Twillingate in the Northern District of Newfoundland to be executor of this my last will- Dated this twenty fourth day of December one thousand eight hundred and fifty seven at Twillingate aforesaid. William his X mark Stirling (LS) The within written will was signed sealed and delivered by the within named William Stirling and he being blind the same will was carefully and audibly read over to him in the presence of us, John Peyton, Stipendiary Magistrate. Thomas Boone, Minister of St. Peter’s Church, Twillingate.
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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