Will of George Winter Senior
from Newfoundland will books volume 2 pages 354 to 359 probate year 1859
This will is also listed, with the Fiat comments, in volume 8 pages
130 to 138 probate year 1901
George Winter deceased.
This is the last will and testament of me George Winter, late Deputy Ordnance Store Keeper at St. John's, Newfoundland:
First I direct that all my just debts funeral and testamentary expences be fully paid by my executors hereinafter named, as soon as conveniently may be after my decease-
Second, I give and bequeath to my dear wife Mary Winter during the term of her natural life the use control and disposal of all my household goods effects and furniture and all my moveable and personal property of every description together with all monies of which I may die possessed and the proceeds of all debts due and owing to me at my decease and the full amount which shall be payable upon the Policy of insurance effected on my life; and also the annual rents and profits of all my freehold and leasehold lands, tenements and hereditaments receivable during the term of her natural life, to be (after payment thereout of all my just debts and funeral and testamentary expenses) at the sole disposal of my said wife relying upon her affection and duty that she will appropriate the same to the best advantage of my family.
Third, I give devise and bequeath to my eldest son George Winter his heirs and assigns that part of my property situate on the Barrens comprising the dwelling house garden and field called Belle Vue now occupied by Mr. William Barnes bounded on the north by the property of Mr. Noad and on the south by ground leased to Martin Smart upon condition that my said son George his heirs executors administrators and assigns do pay the annual rent of two pounds and five shillings sterling payable to Government upon Grant No. 34 under which the said property is held by me, and also upon condition that he and they do pay to my dear wife Mary during her lifetime the annual rent or sum of forty pounds currency and from and after her decease do pay to the others of my executors hereinafter named for the general purposes of this my will the annual rent or sum of twenty five pounds currency. Provided that my said son George his heirs and assigns shall be at liberty after the decease of my dear wife to purchase or commute the payment of the said annual rent or sum of twenty five pounds for such principal sum in full discharge thereof as may be agreed upon between him or them and the majority of my executors or their agents hereinafter mentioned-
Fourth, It is my will and intention and I do direct that from and after the decease of my dear wife Mary the whole of my real and personal estate of whatsoever kind or nature and wheresoever situated (subject to the devises bequests and conditions hereinafter mentioned) shall be divided into eleven equal shares and distributed among my children and grandchildren in the following proportions, that is to say, One share each to my following named sons, viz, George, John, James and Frederick, and one share each to my following named daughters, viz, Mary, Sarah, Louisa Maria and Caroline- one share in equal portions to my grandchildren Harriet, William and Llewellyn Hammer issue of my late daughter Susannah and one share to my grandchild Charles Preston issue of my late daughter Elizabeth- provided that if either or all of my said grandchildren should die without lawful issue his her or their share or shares shall revert to the general estate to be divided in equal proportions between my sons and daughters now living or their heirs.
Fifth, I give and bequeath to my daughter Maria the sum of ten pounds annually (besides her proportion as before mentioned) while she remains unmarried; at her marriage or death the said annual allowance of ten pounds to cease and the same to be divided equally between my sons and daughters now living or their heirs. It is my will and intention and I do direct that in the event of my said daughter Maria dying unmarried and not having been married during her lifetime she shall have power to dispose of absolutely by will or otherwise to take effect only and upon her decease, of the sum of two hundred pounds currency, or in lieu thereof of the sum of twelve pounds currency per annum payable out of the rents of my estate to such person or persons and in such manner as my said daughter shall by such will or other disposition direct and appoint, provided that at her death, she dying without lawful issue, her proportion of my property before devised to her shall be equally divided between my sons and daughters now living and their heirs, the children in each case taking their parent's share. I also will and bequeath to my daughter Maria she being unmarried at the time of the death of myself or my dear wife whichever event may happen last the sum of thirty pounds currency and the use of my dwelling house, household furniture and other articles of domestic use which may be then on the premises, with a sufficient sum to pay the then servants of the establishment, if such should be required by her, for the full term of three months after the said event shall happen.
Sixth In the event of either or all of my daughters or daughters in law becoming widows she or they shall receive the sum of ten pounds additional annually each during her or their widowhood, and upon her or their marriage or death the said annual allowance of ten pounds to cease and to be divided between my sons and daughters now living and their heirs in the same proportions as before allotted to each.
Seventh, It is my will and I do direct that the share of my said estate above given to any of my said sons and daughters who may die whether before or after the decease of my said wife shall be distributed equally among the children of such sons and daughters so dying, and in the event of any of my said sons and daughters dying without lawful issue but leaving a widow or widower him or her surviving the rents and profits of the share of each sons and daughters so dying shall be paid to such widow or widower during her or his natural life or so long as she or him shall remain a widow or widower and from and after the death or marriage of any such widow or widower whichever event shall first happen the share of every such son and daughter shall go to and be distributed equally among my other sons and daughters then living or their lawful issue, the children of any deceased son or daughter (save and except the children of my late daughters Susannah and Elizabeth) to be entitled to the share which their father or mother if living would have been entitled to-
Eighth, It is my will and I do direct that as well the several annuities or sums of money above bequeathed to my daughters as the share or portion of my general estate above given to my said daughters shall be to and for the sole and separate use and benefit of my said daughters respectively and their lawful issue and shall not be subject or liable to the debts control or engagements of any present or future husband of any of my said daughters; and the receipt and receipts of any of my said daughters alone without any present or future husband or of any person or persons whom any such daughter by any note or notes in writing under hand, shall from time to time direct or appoint to receive the same, shall be a good and sufficient discharge or good and sufficient discharges to my executors for such sum or sums of money as shall in any such receipt or receipts be expressed to be paid- It is my will and I do further direct that the share or portion of my general estate above given to my sons shall not be liable for any debt or debts which they may now owe or which they may hereafter contract and my said sons are barred by this my will from making any assignment whatsoever of their interest in such share or portion of my general estate as above mentioned to pay any such debt or debts, it being my will that the share or property hereby devised shall be preserved for the support of my said sons their respective wives and children and my executors hereinafter mentioned are required to govern themselves accordingly. And I do further will and direct my executors hereinafter named by good and sufficient deeds and assurances to convey and assure to such one or more Trustees as they shall think fit for securing the purposes aforesaid the respective shares or portions of my estate above given to my said sons and daughters respectively and in the meantime and until such conveyances and assurances shall be made and executed I direct that the said respective shares or portions of my said estate according to the nature and quality of the same shall remain vested in my said executors hereinafter named and the survivors and survivor of them and the heirs executors and administrators of such survivor upon the trusts to the uses and for the purposes aforesaid,
Ninth, It is my will that the shares of my estate above given to my sons and daughters shall descend to and be distributed equally among the lawful issue of every such son and daughter, the children in each case taking their parents share-
Tenth, And for the purpose of preventing as far as possible the alienation out of my family of any portion of my said real estate, it is my will and I do enjoin and restrict all my children and grandchildren from disposing of or departing with his or her share or interest in my estate under this my will to any stranger without first offering the same to some one or more of my children or grandchildren owning or having a share or interest in my said estate, the consent and approval of my executors hereinafter mentioned being first had and obtained for such purpose I do hereby nominate constitute and appoint my sons George Winter, John winter, James Marmaduke Winter and Frederick Winter, and my sons-in-law John Francis Trimmingham, John Murch Brine, John William Saunders and Ernest Augusta Sall, executors of this my will, and should there be a difference of opinion and numbers equal between the said executors on any subject connected with my estate such difference to be decided by arbitration. And my will further is that my said executors or any or either of them, their or any or either of their heirs, executors or administrators shall not be charged or chargeable with or accountable for any more of the aforesaid property or any of the rents and monies of my estate then they respectively shall actually receive or shall come to their respective hands by virtue of this my will, nor with or for any loss which may happen in or to the same estate monies or premises or any part thereof, so as such loss happen without their respective wilful defaults, nor any one of them for the others or other of them or for the acts, deeds, receipts or defaults of the others or other of them, but each of them only for the acts, deeds, receipts and defaults of himself. And also that it shall and may be lawful for them my said executors and every of them their and every of their heirs executors and administrators in the first place by and out of the rents and monies of my said estate to deduct and reimburse themselves and himself respectively all such loss costs charges and expenses as they may respectively incur or be put unto for or by reason of the trusts hereby reposed in them or in or about the management of my estate or the execution of this my will. And lastly I hereby revoke and make void all former and other wills and testamentary dispositions by me at any time heretofore made and declare this only to be my last will and testament.
In witness whereof I the said George Winter to this my will contained in two sheets of paper affixed together having to the first six pages set my hand and to this the seventh page thereof have set my hand and seal at St. John's Newfoundland this eleventh day of March, one thousand eight hundred and fifty two.
George Winter (LS)
Signed sealed published and declared by the said George Winter as and for his last will and testament in the presence of us, who at his request, in his presence and in the presence of each other have hereunto subscribed our names as witnesses, the word "and" being first struck out of the twelfth line on the fourth page and the word "or" being interlined or placed in lieu thereof, Richard Howley, Francis H. Boyle, James McCarty.
I George Winter by this my last and only codicil to this my last will and testament do hereby revoke and annul all clauses and parts of clauses contained thereon which affect my son John and my daughter Maria as hereinafter explained. I also revoke and annul the sixth clause thereof altogether. I further revoke and annul that part of the fifth clause commencing from the word "heirs" in the second last line of the second page and ending at the word "share" in the fourteenth line from the top of the third page. I also revoke and annul the whole of the seventh and ninth clauses so far as my son John and my daughter Maria are affected thereby;- as it is my express will and desire that my son John's share and my daughter Maria's share of my property shall be separately at his and her sole disposal; he or she dying without lawful issue anything in my will or this my codicil to the contrary notwithstanding. In the eighth clause in the fourth page I wish to express my meaning and intention to be that what I leave my daughters shall be secured to them and to their heirs in the same manner and by the same terms as those expressed therein with reference to my sons. And I further desire at the wish of my dear wife Mary that any money which shall remain undisposed of at her death shall be equally divided among my now living sons and daughters namely, George, John, James Frederick, Mary, Sarah, Louisa, Maria and Caroline. And finally it is my express will and desire that this codicil to my will aforewritten shall have all the force and effect which it would have if embodied in the said will.
George his X mark Winter (LS)
Signed, sealed, published and declared by the said George Winter as and for his only codicil to this his last will and testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses, the same being first read over and explained to him.
Witnesses to the mark of the said George Winter this sixth day of March 1856, William Henry Ellis, William Piers Thomas.
D. M. Browning