NL GENWEB

Transcribed by Judy Benson & Ivy Benoit. While we have endeavored to be as correct as humanly possible, there could be some typographical errors

 


 
Will of Dinah Elliott from Newfoundland will books volume 2 pages 453 to 455 probate year 1862

In re
         Dinah Elliott deceased.

In the name of God Amen.     I Dinah Elliott of Saint Johnís in the Island of Newfoundland Widow, being of sound disposing mind memory and understanding do hereby make this my last will and testament in manner and form following that is to say-     I give and bequeath to my executor and executrix hereinafter named all my freehold property (held by me in fee simple) consisting of houses lands tenements and hereditaments situate in this town namely a certain farm and plantation with the appurtenances situate lying and being on the Western side of a certain lane commonly called ďCarterís LaneĒ at present in the occupancy of one Denis Nowlan and comprised in a certain Indenture of lease from my late husband George Elliott to one Luke Maddock also a certain dwelling house and plantation situate upon the eastern side of the said lane at present in the occupancy of Peter Carter Esquire and comprised in the said Indenture of lease     Also that dwelling house and land adjoining situate on the western side of the Kings Road under lease from me to one John Neill and that certain farm or plantation situate at or near Flower Hill leased by me to one John Shallow and at present in the occupancy of one Matthew Stewart Esquire Upon Trust to pay and hand over to my daughters Diana Elliott and Matilda Elliott all the rents issues and profits after deducting expenses (if any) incident to the collection of the same, which may arise from time to time from the above mentioned lands tenements and premises in equal proportions share and share alike:     Provided nevertheless that should my said daughter Matilda marry then and in such case the said lands tenements and premises to be apportioned and allotted to my several daughters as follows- That my said daughter Diana shall receive and take possession of as her portion or share of my estate all that messuage dwelling house and plantation (above mentioned and referred to) situate on the western side of Carters Hill Lane; that my second daughter Maria Stewart shall receive and take possession of as her portion or share of my estate all that messuage dwelling house and plantation above mentioned situate on the eastern side of the said lane;     that my third daughter Amelia Prowse shall receive and take possession of the dwelling house and land above referred to situate on the western side of the Kings Road as her portion or share of my estate, and that my said daughter Matilda shall receive and take possession of as her portion or share of my estate, that certain farm and plantation with the appurtenances above mentioned situate at or near Flower Hill     - And further it is my wish and desire that should either of my daughters Diana or Matilda survive the other without marrying then and in such case the whole of the rents issues and profits arising from time to time upon the abovementioned lands tenements and premises shall be paid and handed over to the survivor and upon her decease the same shall be equally divided between my said daughters Maria Stewart and Amelia Prowse;     but it is my express wish and desire that the said rents issues and profits severally above referred to to be paid to my said daughters respectively shall not in any way or manner whatsoever be subject to the control, management disposition debts or liabilities of their or either of their husbands and that any receipt or receipts which they or either of them may give from time to time for the same shall be good and valid receipts irrespective of their or either of their husbands-

And lastly I give and bequeath all my money household goods and furniture which I may die possessed of to my said daughters Diana and Matilda conjointly and to and for their sole use and benefit provided that should either of them marry or separate then the same to be equally divided share and share alike and if either of them should die prior to such event then the same to revert and be the property of the other-     And I hereby nominate constitute and appoint my said daughter Matilda executrix and James Simms Junr Esquire executor of this my last will and testament and hereby absolutely revoking all other will or wills by me heretofore made, I declare this to be my only true last will and testament to which I have affixed my hand and seal at Saint Johnís in the Island of Newfoundland this twenty ninth day of July in the year of our Lord one thousand eight hundred and fifty one.     D. Elliott (LS)     Signed sealed published and declared by the said testatrix as and for her last will and testament 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 word Stewart in the third page     Thomas F. H. Bridge,     James Simms, Junr. Notary Public, Newfdland.

By this codicil to my will I the above named Dinah Elliott do direct that the house I now live in which is not included in the foregoing disposition and also the share of my said estate therein given to my now deceased daughter Diana shall go to and vest in my said daughter Matilda for her life and after her decease to my daughters Mrs. Prowse and Mrs. Stewart for their lives, and the life of the survivor and after the decease of such survivor to the use of my granddaughter Anne Amelia Stewart her heirs and assigns for ever.     Dated at St. Johnís March 5th 1859.     D. Elliott.     Witness, N.W. Hoyles.

Certified correct,
D. M. Browning
Registrar


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