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Will of Richard Underhay
In re Richard Underhay deceased
I Richard Underhay Senr, of Hearts Content, in Trinity Bay, Island of Newfoundland, being this twenty first day of May, in the year of our Lord one thousand eight hundred and twenty eight of perfect mind, but weak in body, do make this my last will and testament. To God Almighty's mercy and protection, for the sake of Jesus Christ his Son, I commend my soul, my body to the ground to be decently buried for which purpose I will the sum of fifteen pounds.
To my son Richard Underhay I bequeath the sum of Two hundred pounds over and above the amount which may fall to his share, on the division of my property, or the proceeds thereof hereafter mentioned. It is my will that my business in trade as usually conducted by me at Hearts Content Trinity Bay, Island of Newfoundland, be carried on by my son Richard Underhay and Robert Job Esqr Merchant in St. John's in the said Island of Newfoundland whom I appoint as Executor to this my last will and testament, until the first day of January in the year of our Lord one thousand eight hundred and twenty nine. And moreover it is my will that all and every whatsoever contracts made by me during the year eighteen hundred and twenty eight be fulfilled by the executors to this my last will and testament according to the intention thereof. It is my will that on the first day January in the year of our Lord one thousand eight hundred and twenty nine, all my property real and personal, be sold, and the proceeds thereof equally divided between my wife Mary Underhay and my four children [on her lawfully begotten] Richard, George, William and Mary Underhay, two hundred pounds, [the bequest before made and mentioned in this instrument] being first paid to my son Richard Underhay, and one hundred pounds to the Reverend Otto Schwartz Weeks, A.M. to be held in trust by him for the use of a male child by me begotten on Bennet Warren, relict of the late John Warren, until the aforesaid male child come the age of fifteen years, the interest thereof being paid yearly to Thomas Hopkins Snr of Hearts Content for the maintenance of the aforesaid male child and moreover it is my will that in the case of the marriage of the aforesaid Bennet Warren before the aforesaid male child come to the age of fifteen years the said child shall remain under the care of the aforesaid Thomas Hopkins of Hearts Content or forfeit the sum of one hundred pounds which I have bequested to him, the said child, in this my last will and testament.
To Joshua Butt my servant I give and bequeath the sum of five pounds in testimony of his attention and care of me in this my illness, to be paid at the same time, that is, as soon after the first of January eighteen hundred and twenty nine, with the two hundred pounds to my son Richard, and one hundred to the Revd Otto Schwartz Weeks A.M. for the use before mentioned. To the Revd Otto Schwartz Weeks I bequeath one guinea to purchase a ring to be kept in memory of me. It is my will that no legal exception be taken to any part of this my last will and testament but that it be carried into execution according to the manifest and litteral intention thereof.
To this my last will and testament I Richard Underhay Snr of Hearts Content do affix my hand and seal, this twenty first day of May, in the year of our Lord one thousand eight hundred and twenty eight in presence of Richard Underhay [LS] James Moore. Charles Rendell. Otto S. Weeks.
Certified correct D.M. Browning
|Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written 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, Alana Bennett,
Wendy Weller, Eric Weller and Kristina Americo
REVISED BY: Ivy F. Benoit March 19, 2002
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