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Will of Samuel White
from Newfoundland will books volume 4 pages 310 to312 probate
year 1884
In re Samuel White deceased.
In the name of God Amen. I Samuel
White of Waterford Bridge Road in the Central District of the Island of Newfoundland
Farmer being weak of body but of sound mind memory and understanding do make
this my last will and testament in manner and form following.
First I will and require that all my just debts and funeral expenses
shall be paid out of my property and effects.
Secondly, I give devise and bequeath unto my beloved wife Catherine
White all and singular my lands tenements and premises situate in the
said District for and during the term of her natural life and no longer. I
also give and bequeath to her all my household furniture, beds, bedding and moveable
property of every description and my farming stock to have and to hold the same
to her for ever. And I charge and impose on said lands and tenements the annual
rent charge of forty shillings currency which the said Catherine
White shall annually pay to the Catholic Bishop of the Diocese of Saint
John’s
in the said Island for Masses for the benefit of my soul.
Thirdly I will devise and bequeath that after my said wife’s
decease my grandson Thomas Murphy shall take, have, hold and
enjoy for his own use and benefit for ever four acres of my said land and tenements
fronting on said road the said four acres having my dwelling house and outhouses
thereon or on a part thereon and being the eastern end or part of my farm. And
I charge and impose on said four acres of land so to be held and enjoyed by the
said Thomas
Murphy the annual rent charge or sum of twenty shillings currency to
be paid annually after my said wife’s death by the said Thomas
Murphy and his assigns
to the Catholic Bishop aforesaid for Masses for my soul and the soul of my said
wife for ever and I further charge the said four acres of land and tenements
with the payment of one half of my said wife’s funeral expenses to be paid
by the said Thomas Murphy or his assigns on taking said four
acres of land and I further charge the same with the due payment of the sum of
seven pounds seventeen and sixpence currency to be paid by him or them by instalments
of one pound eleven shillings and sixpence currency a year until the whole of
said sum of seven pounds seventeen and sixpence currency shall be paid to the
said Catholic Bishop of said Diocese for the time being for Masses for the good
of the souls of William
Young, Martin Curtis, Patrick Ryan, Thomas Grace and Thomas
Beck Provided always and I will and declare that in case default be
made at any time in the due payment of the said several sums of money or any
part thereof so charged and imposed on the said four acres of land and tenements
as aforesaid then the said Thomas Murphy and his assigns shall forfeit all right,
title and interest therein or thereto, and the same shall thereupon become the
absolute property of my daughter Ellen Murphy for her life only and thereafter
the same shall become the property of her son James Murphy for his life and no
longer and thereafter the same shall go to Ellen Murphy my granddaughter, the
said several parties to take said four acres in such case, subject to said charges.
Fourthly: I give and bequeath the remainder of my farm, land and premises
consisting of four acres more or less, and my mark land, near Messrs.
McMurdo’s
and Hugh W. Hoyles premises with the easements and appurtenances
thereon or thereto belonging to my daughter Ellen Murphy, widow,
for her own use and benefit and during her natural life and widowhood and no
longer and thereafter to her son
James Murphy for and during his natural life and no longer and
after his death to my granddaughter Ellen Murphy daughter of
the said Ellen
Murphy to have and
to hold the same forever free of the control of any husband she may marry. Provided
always that I charge and impose on the said remainder of my said farm and said
marsh land as mentioned in the said fourth bequest the following charges and
sums of money to be paid from time to time out of the rents, issues and profits
thereof after my said wife’s death by my said daughter Ellen during
her lifetime and widowhood and thereafter my her said son during his lifetime
and thereafter by her said daughter that is to say the annual rent charge or
sum of twenty shillings currency to be paid annually after my said wife’s
death to the Catholic Bishop of said Diocese for Masses for my soul and the soul
of my said wife for ever, and I further charge the said remainder of my said
farm and said marsh land with the payment of one half part of my said wife’s
funeral expenses to be paid by my said daughter Ellen or the
next legatee entitled to the said remainder of my said farm and my said land
and I further charge and make the same liable for the due payment of the sum
of seven pounds seventeen shillings and sixpence currency to be paid by instalments
of one pound eleven shillings and six pence currency a year until the said sum
of seven pounds seventeen shillings and sixpence currency shall be paid to the
said Catholic Bishop of said Diocese for the time being for Masses for the good
of the souls of the said
William Young Martin Curtis Patrick Ryan Thomas Grace and Thomas
Beck the said
instalments shall be annually paid as aforesaid by the said respective legatees
of this bequest mentioned and they shall respectively become entitled to and
possessed of the said remainder of my said farm and marsh land until the whole
of said principal sum of money shall be paid off as aforesaid. Provided
always that in case default be made at any time in the due payment of any of
the said rent charges or sums or any part thereof so charged and imposed on the
said remainder of my said farm and marsh land by any of my said legatees entitled
thereto under the said fourth bequest then the legatee making such default shall
forfeit all right title and interest therein and thereto and be considered as
dead and the said residue of land shall in such case go to and be held and enjoyed
by the next of my said legatees entitled thereto under said bequest subject to
the said rent charges and the payment of the said sum of money or such part thereof
as shall then remain due and unpaid. I hereby revoke all former
wills made by me and I do hereby appoint Charles H. Renouf Esq.,
M.D. executor of this my last will and testament. In witness whereof I have hereunto
set my hand and seal in the same district and Island aforesaid the fifteenth
of June A.D. 1859. Signed sealed published and declared by
the said Samuel
White as and
for his last will and testament (the same having been audible read over to him
and approved of by him before execution) in presence of
Certified correct,
D. M. Browning
Registrar
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