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A Collection of Newfoundland Wills
(W)
William Whiteway

 

Will of William Whiteway
from Newfoundland will books vol 11 pages 366 & 367 probate year 1919

In re William Whiteway       deceased

This is the last will and testament of me William Whiteway of Musgrave Harbour Planter.

  • First I revoke all wills heretofore by me made.
  • Second. I give devise and bequeath all my houses and lands situate at Musgrave Harbour aforesaid to my beloved wife Charlotte for the term of her natural life and after her decease all the said property [save and except my dwelling house with yard and front garden] to my sons Noah John Solomon Francis and Charles share and share alike. The dwelling house with yard and front garden upon the decease of my said wife I bequeath to my son Francis upon condition that he maintains and supports my daughter Bertha whilst she remains unmarried should she at anytime require him to do so and upon further condition that he allow my sons Solomon and Charles to occupy the said house with him rent-free should they or either of them at anytime require him to do so. In the event of my said son Francis upon request by her neglecting or refusing to maintain and support my said daughter Bertha whilst she remains unmarried or in the event of his refusing to allow my said sons Solomon and Charles or either of them to occupy the said house with him rent-free they or either of them having requested him to do so then and in that case the said house yard and front garden shall be divided amongst my sons as is the remainder of my landed property. The portions of my said property at present occupied and used by my said sons John and Francis I desire that they may continue to occupy and use as heretofore so long as they make such provision for the maintenance and support of their mother as she may reasonably require.
  • Third. I give and bequeath the use of all my furniture goods chattels and effects [save such as is hereinafter disposed of otherwise] to my said wife Charlotte for the term of her natural life and after her decease the same shall become the property of my son Francis.
  • Fourth. I give to my sons Francis Solomon and Charles and to my daughter Bertha each all the furniture beds bedding and effects in the several rooms occupied by them when at home but it is my desire whilst I do not make it obligatory that none of them shall remove his or her property bequeathed under this fourth clause from the house during the lifetime of their mother.
  • Fifth. I leave to my daughter Mary Jane the sum of Twenty five dollars in lieu of a bequest of furniture. I leave to my son Solomon the furniture pictures and effects in the parlor placed there by him.
  • Sixth. I leave to my son Noah my share in the Caplin seine which I own jointly with my sons John and Francis.
  • Seventh. I leave to my sons John and Francis my share in the traps skiffs and fishing year which I own jointly with them.
  • Eighth. I leave to my sons John and Francis my one third share in the schooner owned by us jointly upon condition that they pay to Noah Solomon Charles Elizabeth Mary Jane and Bertha the sum of One hundred and eighty dollars that is Thirty dollars to each of their brothers and sisters mentioned in this Eighth section Should my said sons John and Francis be unwilling to pay the said sum of One hundred and Eighty dollars to their other brothers and sisters mentioned in this Eighth section then I leave one-half of my share in the said schooner, to my said children Noah Solomon Charles Elizabeth Mary Jane and Bertha and the other half to my said sons John and Francis.
  • Ninth. I give to my grandson William Evan the son of my son Solomon my watch.
  • Tenth. I leave all moneys and other property not otherwise herein disposed of to my said wife Charlotte to use as she pleases during her lifetime and upon her decease any residue then not disposed of shall be divided amongst all my children share and share alike.
  • Eleventh. Whilst I do not make it obligatory I should like for one or some or all of my sons to carry on the shop business now carried on by me.
  • Twelfth. I hereby appoint my wife Charlotte and my sons Noah and Solomon to be the executors of this my last will and testament.

In witness whereof I have hereunto subscribed my hand this 12th day of November A.D. 1909. William Whiteway. Signed published and declared by the testator as his last will and testament in the presence of us who in his presence and in the presence of each other at his request have subscribed our names as witnesses hereto the following interlineations and corrections having first been made:-
P. 1. line 22 words "rent-free" inserted
P. 2. line 21 words "the use of" inserted
P. 2. line 21 word "Several" inserted
P. 3. line 31 words "disposed of" deleted and word "use"
J. A. W. W. McNeily. R. A. Brehm.

Having omitted one of the bequests I had intended to make in the foregoing will as a Codicil thereto I leave to my daughter Elizabeth Tulk the bed and bedding used by myself and her mother to become her property upon the death of her mother and myself. In all other respects I confirm the foregoing will. Witness my hand this 13th day of November 1909. William Whiteway. Signed published and declared by the testator as a codicil to his last will and testament in the presence of us and in the presence of each other who in his presence have subscribed our names as witnesses hereto. J. A. W. W. McNeily. Alan W. Blackler.

Correct William F. Lloyd
Registrar of the Supreme Court of Newfoundland.

(Listed in the margin next to this will the following)
Fiat Sept. 12/19
Kent J..
Probate granted
to Solomon
Whiteway and
Noah Whiteway
Sept. 16/19.
Estate sworn at
$2906.00

 

 

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 and Eric Weller

Revised: October 25, 2001 (Ivy F. Benoit)

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