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Will of Elizabeth Woodley
First I give and bequeath to my niece Elizabeth Squarey wife of John Squarrey Master Mariner for her own use and benefit without being subject to any debts or control of her present or any future husband the dwelling house and land attached thereto in which I at present reside with all my unexpired term and interest therein together with the furniture plate and other articles which shall at the time of my death be in the same or belong thereto or have been used therein with full power and liberty to sell or otherwise dispose of and bequeath the same or any part thereof as she shall think fit
Second, I give and bequeath to Augustus O. Hayward of St. John’s Barrister at law all my unexpired term and interest in the dwelling house and land attached thereto adjoining my present residence now occupied by Mr. Charles Stacey and also all the money of which I shall be possessed or to which I shall be entitled to at the time of my decease (subject to the discharge of my just debts and testamentary and funeral expenses) in trust for my grand niece Elizabeth Agnes Squarry (daughter of John and Elizabeth Squarry) until she shall come of age and in the meantime the rent and interest of the money is to be expended by my said Trustee for the support and maintenance of my said grand niece Elizabeth Agnes Squarry and it is my further will and desire that as soon as my said grand niece shall come of age the trust aforesaid shall cease and the said property and money shall be for the sole and separate use and benefit of my said grand niece and under her control and to do therewith as she may think proper. And if my said grand niece Elizabeth Agnes Squarry should die before she comes of age then my will and desire is that the property house and money so bequeathed to her as aforesaid shall go to my niece Elizabeth Squarry for her sole and absolute use and benefit.
Third I bequeath to Elizabeth McGuire wife of John McGuire of Torbay that piece of land at Torbay which the said John McGuire holds from me as tenant, the rents during his present term to be paid to her for her own sole use and benefit without being subject to the debts or control of her present or any future husband and on the expiration of the said term she shall have the land to her and her heirs to sell let or otherwise dispose of and to bequeath as she may see fit.
Fourth I give and bequeath to the Lord Bishop of Newfoundland in trust for the Church of England Asylum for widows and Orphans the sum of five pounds-
Fifth, I appoint the Reverend Joseph F. Phelps my executor and Sophia Mountain widow of the Reverend Jacob George Mountain my executrix to carry this my last will in due form of law into effect.
In witness whereof I have hereunto set my hand and seal as and for my last will this third day of December in the year of our Lord one thousand eight hundred and sixty at Saint John’s aforesaid. Elizabeth her X mark Woodley (LS) Signed sealed published and declared by the said Elizabeth Woodley as and for her last will and testament in our presence and in the presence of each other who have hereunto set our hands the said will having first been distinctly read over to and understood by the testatrix,
Augustus O. Hayward, N.J. Smith.
This is a codicil to the last will and testament of me Elizabeth Woodley of St. John’s, Widow, which will bears date the third day of December A.D. one thousand eight hundred and sixty. Whereas I did by my said will bequeath to Elizabeth McGuire of Torbay a piece of land at Torbay aforesaid therein mentioned Now I do hereby cancel said bequest and bequeath the said piece of land at Torbay aforesaid to Mary Ann Cole and her children absolutely and for ever and free from the control of the present or any future husband of said Mary Ann Cole And I direct that my said will shall be read and construed in the same manner and shall have the same operation in all respects except as regards the said bequest before mentioned And in all other respects I confirm my said will. In witness whereof I have hereunto set my hand this ninth day of January A.D. one thousand eight hundred and sixty six.
Elizabeth his X mark Woodley. Signed by the said testatrix as and for a codicil to her will in the presence of us who in her presence at her request and in the presence of each other have hereunto subscribed our names as witnesses- the said codicil having first been read over and explained- Augustus O. Hayward, John Hoyles Boone.
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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