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Will of James Marmaduke Winter
This is the last will of me James Marmaduke Winter of Saint John’s Gentleman, I give and bequeath all my property and effects whatsoever to my executors hereinafter named and their heirs upon the following trusts, namely, upon trust to realize the same to the best advantage and invest them in Government or other undoubted security and to apply and appropriate the same and the proceeds thereof as follows. First during the life and widowhood of my wife Ann Winter to the use of my said wife and my two daughters Harriet Louisa and Jessie Susanna while they shall continue unmarried, should either or both of my daughters marry or die unmarried during the life and widowhood of my said wife her or their share is to be for the benefit of my said wife or of her and my unmarried daughter until her my said wife’s death or marriage, but should all three or all of them surviving marry my property is then to be divided amongst them the children of a deceased daughter previously married to represent their parent. Secondly, after the death or marriage of my said wife upon trust to divide my said property equally between my said daughters or to pay and appropriate the whole to the use of the survivor if one shall have previously died unmarried but if one shall have previously died after marriage her or their children if any such shall represent their deceased parent. I will and direct that the shares of such of my legatees as shall marry and become entitled under the preceding conditions shall be for their sole and separate use independently of the debts liabilities or control of their husbands. Revoking all former wills I appoint my friend Frederic B. Carter, Esquire, Queen’s Counsel and Theodore Clift, Esquire, Gentleman, both of Saint John’s, Newfoundland, executor of this my last will and testament. James Marmaduke Winter (LS) Signed, sealed, published and declared by the said testator as and for his last will and testament in our presence at St. John’s this twenty-third day of may Anno Domini 1863. the word “and” being substituted for “or” on the first page. Thos. W. Pinsent, John Winter.
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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