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Will of Elizabeth Brown Winton
This is the last will and testament of me Elizabeth Brown Winton of St. John’s in the Island of Newfoundland, widow, of the late Henry Winton Junior, formerly of same place deceased.
Firstly I do hereby nominate and appoint my friends Adam Scott and Richard Rankin both of St. John’s aforesaid executors and trustees of this my will and in the event of the death of either of them or of either of them leaving the country to reside elsewhere I do hereby authorise and empower the other of them to nominate and appoint such other person as he shall think fit to be and act as executor and trustee of this my will in conjunction with him and I do hereby authorise and empower such person so appointed to act as and be such executor and trustee as fully to all intents and purposes as if he were named as such by me in this my will.
Secondly, I nominate and appoint my friends Frederic R. Page and Richard Noyle both of same place and the survivor of them guardians of the persons and property of my children.
Thirdly I will and desire that my furniture and other household property not connected with the Public Ledger Newspaper office be sold by my said executors and the proceeds applied to the payment of my just debts and the residue, if any paid over to the said Guardians or the survivor of them to be by them or him applied and disposed of for the benefit and support of my children according to the discretion of the said Guardians or the survivor of them.
Fourthly- I will and desire that the publication of the Public Ledger Newspaper be continued by my said executors so long as my children remain unprovided for and require it for their support and that the yearly and other proceeds be applied to their support and education according to the discretion of the said Guardians.
Fifthly. I will and desire that Mr. Adam Scott be continued as Editor of the Public Ledger aforesaid so long as he will consent to act as such in accordance with the terms of my agreement with him and in the event of his death or resignation I desire the other Trustee and the Guardians of my children or the majority of them to appoint an Editor or Editors who shall have no interest in any other newspaper.
Sixthly, If at any future time the business of the "Public Ledger" newspaper shall be wound up and discontinued I will and desire that any accumulated capital or property connected with the said business or newspaper shall be equally divided amongst my children then surviving, the lawful issue of any deceased child to have and take the parents share.
Seventhly, I desire that my son be brought up to such business as with the approval of the said Guardians he may choose.
Eightly, I give devise and bequeath all my share and interest in the dwelling house and property situate in Victoria Street in St. John’s aforesaid belonging to the estate of my father the late John Chancey deceased to my brother George Chancey but in case of the death of my said brother before the division or settlement of the said property takes place, then my said share and interest therein shall pass to and be equally divided amongst my children.
Ninthly, In case of the death resignation or removal of the said Guardians I hereby nominate and appoint in their place and stead as Guardians as aforesaid my friends Robert Brown, Manager of the Commercial bank in St. John’s, and Alexander Cruikshank both of St. John’s aforesaid.
Tenthly, I will and desire that such shares and interests as my daughters will take under this my will shall be held and taken by them and each of them as separate estate free and clear of the liabilities and control of any husband they may have.
Eleventhly, My desire is that my children live with their aunt and uncle Page so long as they shall remain in this country and that their present kind nurse Norah Conway remain with them and be cared for during her lifetime.
Lastly, I do hereby revoke annul and declare void all former and other wills by me heretofore made. Witness my hand at St. John’s aforesaid this fifth day of September Anno Domini one thousand eight hundred and sixty eight.
Elizabeth Brown Winton. Signed by the said Elizabeth Brown Winton as and for his last will and testament in our presence who in her presence and in the presence of each other have hereto subscribed our names as witnesses the day and year aforesaid, Adam Scott, Robert J. Kent.
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. 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 & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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