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Will of William Thomas
This is the last will and testament of me William Thomas formerly of Saint John’s Newfoundland but now of Liverpool Merchant I give devise and bequeath to my wife Ann Thomas her heirs and assigns all that land and premises with the appurtenances situate on the Torbay Road at Saint John’s aforesaid and at present under lease to the Reverend Johnstone Vicars also all my share estate and interest of and in all those lands and premises now held by me as tenant in common thereof with my brother Henry Phillips Thomas (such share being one moiety thereof) and comprising the premises situate on both sides of Water Street and on the south side of the Harbour of Saint John’s aforesaid and at present under lease to or in the occupation of William and Henry Thomas and Company the farm and premises in the neighbourhood of Saint John’s aforesaid now under lease to James Brine and the land and premises in Duckworth Street in Saint John’s aforesaid now under lease to the Bank of British North America also all other my real estate of what nature or kind soever and wheresoever situate and how soever held also all my plate household furniture carriages and horses and also my shares in the Union Bank of Saint John’s aforesaid also one fourth part of all other my personal property of what nature or kind soever
I give devise and bequeath to my three sons Henry Charles Binney Thomas Temple Piers Thomas and Augustus William Thomas all the rest residue and remainder of my said personal estate property and effects (being three fourths thereof) to be divided equally amongst them share and share alike and I direct that in case of the death of either of my said sons before my decease then that their respective issue shall take the same benefit under this will as their parent would have done if he had been living such issue taking share and share alike per stirpes and not per capita and I authorize and empower my executors to allow pay compromise compound enforce waive accept or give real or personal security for or give time without taking any security for or refer to arbitration any debts or demands whatsoever which may be owing from or to or be made upon or against or on behalf of my estate whether the same be legally enforceable or not and upon such evidences as they shall think sufficient And I declare that any receipt or receipts given by my executors shall exonerate all persons paying money to them or him and such person or persons shall not be bound to see to the application thereof or be accountable for any misapplication thereof or of any part thereof and I devise and bequeath unto my executors hereinafter named their heirs and assigns all real and heritable estates (if any) vested in me as mortgages or trustee subject to the equities affecting the same respectively
I appoint my said wife Ann Thomas Major General Sir Richard James Dacres and my said sons Henry Charles Binney Thomas and Augustus William Thomas executirx and executors of this my will Lastly I hereby revoke all former wills and codicils by me at any time heretofore made In witness whereof I have hereunto set my hand this twenty first day of March one thousand and eight hundred and fifty seven.
Wm. Thomas Signed published and declared by the above named William Thomas the testator as and for his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses,
Reginald Radcliffe, Solr. Liverpool- Henry Dalton- William Crampton- his clerks.
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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