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Will of John Damerill Withycombe Senior
This is the last will and testament of me John Damerill Withycombe senior of Saint John’s Builder I hereby revoke all former and other wills by me at any time made and desire that my just debts and funeral and testamentary expenses be first paid out of my estate. I give and bequeath to my beloved wife Mary Ann all my household goods furniture and effects of every description at present contained in the house occupied by me situate on the south side of the harbour of Saint John’s To hold to her for her sole and absolute use forever. I also give devise and bequeath to my said wife all the rents issues and profits of all my estate property and effects (other than the household furniture before referred to) both real and personal of which I shall die possessed for her sole and absolute use benefit and support during her natural life And upon and after the death of my said wife I desire that my said estate and property shall be divided in the following manner that is to say.
First I give devise and bequeath to my son William Gilbert Withycombe the dwelling house now occupied by me situate on the south side of the harbour of Saint John’s and immediately to the westward of the factory hereinafter mentioned together with the land upon which the said house is built and the garden in the rear thereof also the factory situated to the eastward of the said dwelling house and the piece of land upon which the same is built and all the machinery tools and implements contained in the said factory also the western half of the store situate on the south side of the harbour adjoining Cooks property and at present under lease to P. & L. Tessier To hold to my said son William Gilbert Withycombe for ever.
Second. I give devise and bequeath to my daughter Julia wife of Thomas Reid the dwelling house situate on the south side of the harbour immediately to the eastward of the factory before mentioned together with the land upon which the said house is built and sufficient land in the rear of the said house to measure one hundred and thirty feet from the road to the rear or southern boundary Also the eastern half of the store before mentioned as being adjoining Cooks property and at present under lease to P. and L. Tessier To hold the same to my said daughter Julia for her sole separate and absolute use for ever free from the control debts or liabilities of any husband
Third I give devise and bequeath to my son John Damerille Withycombe one
half of the piece or parcel of land situate on the north side of Pokeham Path
in Saint John’s bounded on the north by property of Samuel
Prowse and measuring thereby about fifty eight feet six inches
on the east by property of James McLoughlane and measuring
thereby about ninety six feet on the south
Fourth. I give devise and bequeath to my daughter Jane Damerill Harvey wife of William Campbell the western half of the waterside property lastly hereinbefore described the eastern half of which is hereinbefore bequeathed to John Damerill Withycombe also one half of the land with the erections thereon situate on the North side of the road running along the south side of the harbour of Saint John’s the other half of which is hereinbefore bequeathed to my son John Damerill also one half of the land situate on the north side of Pokeham Path and hereinbefore described the other half of which is hereinbefore bequeathed to John Damerill Withycombe also all that piece of land situate behind or to the southward of the garden in rear of the house occupied by me and bounded on the south by ungranted land subject to the reservation hereinafter set forth should a portion of the land be required by the Wesleyan Church or School Trustees To hold the same to my said daughter Jane Damerill Harvey Campbell for her sole separate and absolute use for ever free of the control of any husband
Fifth I give devise and bequeath to my daughter Mary Emma wife of William Maddock All that piece or parcel of land together with the buildings thereon situate in Saint John’s aforesaid bounded on the north by John Cook on the south by property of John Neill on the west by Tooles property and measuring thereby about thirty four feet and on the east by Kings Road and measuring thereby thirty five feet three inches or thereabouts including a passage way extending part way to the rear Also all that piece or parcel of land together with the buildings thereon situate in Saint John’s aforesaid bounded on the north west by Curtains lane and measuring thereby about twenty six feet bounded on the west by land of Toucher and measuring from front and rear about sixty-four feet To hold to my said daughter Mary Emma Maddock for her sole separate and absolute use for ever free from the control of any husband
Sixth It is my wish and desire that the five instalments or ten pounds currency each due me by Samuel Stowe of Harbour Grace being the balance of purchase money due to me for a farm property sold to him shall be expended in equal proportions in or towards the education of the eldest child or each of my five children
Seventh It is my wish and desire and I hereby will and direct that in the event of a road being at any time made along the rear or southern part of the land at South Side hereinbefore bequeathed to my daughter Jane Damerill Harvey Campbell that such portion of the said land as may be required at any time by the trustees of the Wesleyan Church for Church or School purposes shall be given and transferred to them by my said daughter
Eighth It is my wish and desire and I hereby will and direct that the said land chattels and effects hereinbefore bequeathed (save and except the said household furniture) shall never be sold or mortgaged by the said legatees or any of them
Ninth I hereby appoint my son-in-law William Campbell and Donald Morison of Saint John’s Barrister at law executor of this my last will and testament In witness whereof I have hereto subscribed my hand at Saint John’s this thirteenth day of March in the year of our Lord one thousand eight hundred and eighty four. J.D. Withycombe. Signed by the said testator as and for his last will and testament in the presence of us who in his presence and the presence of each other have subscribed our names as witnesses, D. Morison, William Campbell
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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