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A Collection of Newfoundland Wills
James Tucker


Will of James Tucker
from Newfoundland will books volume 2 pages 360-361 probate year 1859

In re
James Tucker deceased.

I James Tucker of Saint John’s Newfoundland being of sound and disposing mind memory and understanding do this nineteenth day of November in the year of our Lord one thousand eight hundred & fifty eight make this my last will and testament in manner and form following, I give and bequeath all my household furniture wearing apparel, plate, linen, china, ornaments of the person, books, pictures and whatever other moveable chattels of the same description may be in or about my premises unto my wife Mary Ann Tucker. Also to have the use of the house and garden as long as she remains unmarried.    After the death of my wife Mary Ann Tucker I devise the same unto my two sons James Winton Tucker and William Henry Tucker and their heirs absolutely forever.    In case my wife Mary Ann Tucker should marry before my two sons are of age the house and garden are to be let and the rent of the same to be expended in educating and maintaining my two sons and keeping the house and garden in good condition until they are of age than to fall to my two sons James Winton Tucker and William Henry Tucker jointly, also that piece of land situated in or near Torbay as per deed to my two sons jointly, Should my wife Mary Anne Tucker survive my two sons unmarried I bequeath the above mentioned property to her as long as she lives after her death I devise the same to my wife’s sister Miss Lydia Winton.     I also bequeath my three shares in the capital stock of the Commercial Bank in the manner and form following One share to John Bowring Esq. One share to Miss Lydia Winton and the remaining share to be disposed of by my executors to the best advantage for the purpose of paying off all my outstanding debts at the time of my death the remaining balance to be paid over to my wife Mary Ann Tucker.    And I do hereby constitute and appoint Joseph Yillard and William B. Bowring both now residing in Saint John’s Newfoundland my sole executors of this my last will and testament hereby revoking all former wills and testaments by me at any time heretofore made.
In witness whereof I have to this my last will and testament set my hand this nineteenth day of November in the year of our Lord one thousand eight hundred & fifty eight.
James Tucker.     Signed by the testator James Tucker and acknowledged by him to be his last will and testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses Samuel Wills, Richard Harvey.

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. 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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