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A Collection of Newfoundland Wills
(W)
Samuel White

 

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

 

 

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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