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Will of William White
In re William White deceased
This is the last will and testament of me William White of St. John's, late of H.M. Customs. I hereby revoke all former wills and testamentary dispositions by me at anytime made and declare this to be my last will. I hereby appoint my two sons William and Alfred Ernest to be Executors of this my will. I give devise and bequeath to my said Executors all of my property of every description whatsoever of which I shall die possessed upon trust to dispose thereof according to the directions hereinafter contained, that is to say.
First. I desire that the piece of land near Whitbourne and Hodgewater be divided into ten equal lots provisions first being made for a road thirty feet wide running East and West through the middle thereof, which said road shall be for the joint use of the owners of the said lots as hereinafter mentioned, the said lots being numbered as by the diagram hereto annexed marked "A" and which said diagram is to be read with and form part of this my will. I direct my said Executors to give to my children hereinafter mentioned the said lots as follows, namely, Lot No. 10 upon the said diagram to my daughter Annie Maude Hutchings, Lot No. 9 to my daughter Mary Isabel, Lot No. 8 to my daughter Caroline Hunter, Lot No. 7 to my son Edward Nightingale, Lot No. 6 to my daughter Jessie Eleanor, Lot No. 5 to my son William, Lot No. 4 to my son Alfred Ernest, Lot No. 3 to my daughter Florence Nightingale, Lot No. 2 to my daughter Gertrude Jane and Lot No. 1 to my son Francis Herbert Provided however that should one of the aforementioned children die, before becoming of age and being married and die before that age leaving no issue then his or her lot or lots shall be divided between the survivors either by adding to each Lot or by equally dividing the said lot or lots between them as a majority of them shall elect, but on the death of any of my children leaving issue then his or her lot or lots shall become the property of his or her child or children.
Second. I desire that the land owned by me at Neils Pond being one fifth of the land described in a grant of land owned by the estate of my late father and bounded as follows, on the East by a reserved road and on the North by a reserved road separating it from Neils Pond be by my Executors divided into ten equal lots as follows, that is to say. Lot No. 1 to be on the North East corner of said land next to Neils Pond and the other lots to being numbered consecutive Southward along the boundary of reserved road running North and South on the Eastern boundary. I direct my said Executors to give to my children hereinafter mentioned the said lot as follows, Lot No. 1 to my daughter Annie Maud Hutchings, lot No. 2 to my daughter Mary Isabel, lot No. 3 to my daughter Edith Caroline Hunter, lot No. 4 to my son Edward Nightingale lot No. 5 to my daughter Jessie Eleanor Lot No. 6 to my son William, lot No. 7 to my son Alfred Ernest, lot No. 8 to my daughter Florence Nightingale, lot No. 9 to my daughter Gertrude Jane and Lot No. 10 to my son Francis Herbert, and I desire that the bequeath of these lots shall be subject to the said provision as in the preceding paragraph of this my will relating to the death of any of my children before becoming of age.
Third. I direct that my land at Brookfield be sold by my said Executors and that they shall apply the sum realized therefor first to the payment off of the amount due under mortgage on the same and to deposit the balance in Bank or invest it with security and pay the interest accruing or to accrue therefrom to such of my children who are living together in the house where I now reside on the Southside and who are not otherwise provided for, but when my said children still living as aforesaid shall have been otherwise provided for and living apart from each other than the principal sum remaining on deposit or invested as aforesaid shall with the other amounts hereinafter mentioned be equally divided amongst my said children or their issue if any shall have died.
Fourth. I direct that my said Executors shall hold the furniture in the house now occupied by me and the outhouse for the use of my children subject to the same conditions of the bequest of the dwelling house to them by my late father.
Fifth. I desire that my said Executors shall dispose of the amount realized from my life insurance in manner following, that is to say, to deposit the same at interest or invest it with security and pay the interest arising therefrom to my children who are living together as in paragraph 3 mentioned, and upon the contingency as in said paragraph 3 mentioned, happening my said Executors shall dispose of the principal in manner as provided in said paragraph 3 for the distribution of the money arising from Brookfield property.
Sixth. I direct that if a yearly dividend be paid on the shares in Parsons Pond oil wells my said Executors shall pay the same to those of my children living together as aforesaid, but should any amount be received by my said executors in lieu of such shares then the same shall be paid to my children mentioned in and in manner as provided in paragraph 3 for the distribution of the money therein named.
Seventh. I direct my Executors to distribute amongst my children so living together as aforesaid and so long as they shall so live when received the annual income if any arising from the mining shares held by me from the estate of my late father and when the said mining shares shall have been converted into money to distribute the principal sum amongst all my children in manner provided for the distribution of the principal sum in paragraph 3 aforesaid Sec.
Eight and nine which referred to that piece of land situated at the Southside of St. John's on which the double house is now in course of errection have been removed by me, the other portions of the will are not to affected in any way by their removal. Wm. White. Witness E.N. White.
Tenth. I direct my Executors to distribute the rest residue and remainder of my estate and effects between the whole of my children in equal shares In witness whereof I have hereunto my hand subscribed this 17th day of September, in the year of our Lord one thousand nine hundred and three. Signed. Wm. White.
Signed Published and Declared by the said testator as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses. [sgd] C. Steins. [sgd] A.W. Knight
Correct Charles H. Emerson
(Listed in the margin next to this will the following)
|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.|
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REVISED: September 17, 2001 (Ivy Benoit)
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