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Will of James Tubrid
In the name of God Amen I James Tubrid of Saint John’s in the Island of Newfoundland Gentleman being weak of body but of sound mind memory and understanding but mindful of my mortality do this fifteenth day of December in the year of our Lord one thousand eight hundred and fifty seven make this my last will and testament hereby revoking all other wills by me at any time or times made. First I give and bequeath to my executor for ever in trust (who after shall be named) all the rents issues and profits arising or accruing out of the farms situate and being at Fresh Water and all the houses premises with the appurtenances situate in Tubrids town the same being fee simple. And also all the rents issues and profits arising or accruing out of the dwelling houses and premises situate at Cathedral place being leasehold to be paid as follows that is to say namely to my daughter Margaret wife of Thomas Murphy the sum of fifty pounds current money of the Island aforesaid per year during the unexpired term of Walter Baines lease of Cathedral place for her sole use and benefit the same not to be subject to the debts or control of her present husband or any future husband. I also give and bequeath to my daughter Bridget Allan wife of Captain Charles Allan the unexpired term yet to come in the dwelling house and premises which I now live in free, also one eight day clock one chest of drawers and a pair of branches now in my possession, I also request and direct that my executor shall keep the houses and premises in Cathedral place insured in the sum of four hundred pounds sterling and also the houses situate in Tubrids Town in the sum of two hundred pounds sterling in some good and sufficient Insurance Office. I also request and direct that my said executor or my estate shall pay or cause to be paid yearly and every year for ever the sum of two pounds currency to one of the priests belonging to the Church for Masses to be said for me and the souls of the faithful departed and after all expenses and legacies are paid I will and direct that the residue or remainder of the rents arising from all my said premises be yearly paid by my said executor into the Newfoundland Savings Bank and after the expiration of the leases in Cathedral Place the balance remaining in said Bank to be equally divided between my two daughters Margaret and Bridget share and share alike for their own sole use and benefit and after the expiration of the leasehold premises situate at Cathedral Place I will and request that the rents issues and profits arising from all the rent of my property shall be divided equally between my said daughters Margaret and Bridget before named each and every year for ever, the same not being subject to the debts or control of their husbands in anywise whatsoever-
I also give and bequeath to my daughter Margaret Murphy in trust for James Murphy my gold watch bed and bedding the same to be received by him when he shall obtain the age of twenty five years- I also will and bequeath to my said daughter Margaret after the expiration of Richard Attwill’s lease all that certain farm and premises situate at Fresh Water for ever to her own sole use and benefit not subject to the debts or control of her present or any future husband. I also give and bequeath to my daughter Bridget after the expiration of Martin Breen’s lease all that certain farm and premises situate at Fresh Water aforesaid for ever to be for her sole use and benefit and not subject to the debts or control of her present or future husband. I also give and bequeath to my daughter Bridget one feather bed that is on the Attic and one bedstead. And all my furniture and other property whatsoever and wheresoever not hereinbefore enumerated or mentioned I give and bequeath to my daughter Margaret I also give and bequeath to my said daughter Margaret whatever amount of money I may die possessed of at the time of my death the same being in any Bank or Banks here or elsewhere or in my house she paying all my just debts and funeral expenses And I do hereby nominate constitute and appoint Martin Carew of Saint John’s aforesaid sole executor of this my last will and testament. In witness whereof I have hereunto set my hand and affixed my seal at Saint John’s the day and year first above written. James Tubrid (LS) Signed sealed published and declared by the said testator as and for his last will and testament in our presence who at his request in his presence and in the presence of each other have subscribed our names as witnesses thereto, William Hogan, Rob. R. Holden.
This is a codicil to the last will and testament of me James Tubrid of St. John’s in the Island of Newfoundland, Gentleman, which will bears date the fifteenth day of December in the year of our Lord one thousand eight hundred and fifty seven. My express wish and desire is that after my decease the house I now occupy with all the furniture therein shall be left to my daughter Margaret Murphy- Also the farm that James Grace and others now occupy during her natural life, for her sole use and benefit none of which property shall be subject to the debts or control of her present or any future husband and after the death of my said daughter Margaret Murphy the said property shall be left to my said grandson James Murphy for ever. I also give to my said daughter Margaret Murphy the farm formerly called Thomas Row’s to be held on the same terms and conditions as the property before left to my said daughter Margaret- reserving out of the last mentioned farm the sum of two pounds currency a year for ever to be given for Masses for my soul- And I further give to my said daughter Margaret Murphy the sum of fifty pounds currency for her sole use and benefit the same not to be subject to the debts or control of her present or any future husband- And after my decease I leave and give to my daughter Bridget Allan, wife of Captain Allan, the farm now in the occupation of Martin Breen for her sole use and benefit free from the control of her present or any future husband, and after her decease the same to be left to her son Thomas Allan for ever- And I further leave and give to my said daughter Bridget Allan the sum of fifty pounds currency for her sole use and benefit and free from the control of her present or any future husband- And I lastly direct that my said will shall be read and construed in the same manner and shall have the same operation in all respects with the exception of what is stated and contained in this my codicil. And in all other respects I confirm my said will which is hereunto annexed. In witness whereof I the said James Tubrid have hereunto set my hand this second day of August in the year of our Lord one thousand eight hundred and sixty one. James Tubrid. Signed by the said testator as and for a codicil to his will in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses- William Hogan, Augustus O. Hayward.
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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