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Will of James Tucker
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.
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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