Transcribed by GEOFF MARTIN
While I have endeavored to be as correct as humanly possible, there could be some typographical errors
|Will of Elizabeth Mary Burton Gill|
Source: Supreme Court of Newfoundland, July 2004
Five page document
Page one is a folio slip that identifies the document
Elizabeth Mary Burton Gill
St. Johnís C. D. Widow decd
John DeGrave Ryland &
Charles Thos Ryland Execs
named in the Will
Estate under L 3000 Stg
Entd in PR
Vol 3 Page 405
To the Honorable Francis Brady Chief Justice and The Honorable The Assistant Justices of the Supreme Court
The Petition of John D. Ryland and Charles T. Ryland of St. Johnís Gentlemen humbly sheweth:
That on the twenty ninth day of May _______ last that Elizabeth Mary Burton Gill late of St. Johnís widow departed this life having first made and published her last Will and Testament with Codicil thereto, and therein appointed Your Petitioners Executors thereof
That the said Will and Codicil are now in the Office of the Chief Clerk and Registrar of the Supreme Court.
That the said Testatrix died ?????? of real and Personal Estate in St. Johnís of the probable value of Three Thousand pounds.
Petitioners therefore pray Your Lordship to grant them Probate of
the said Will and Codicil.
And in duty bound will ever pray
John DeGrave Ryland LS
Charles Thomas Ryland LS
St. Johnís John DeGrave Ryland of St. Johnís Gentleman
To wit one of the ??????? Petitioners maketh oath and saith that the Contents of the above Petition are true to the best of the Deponents knowledge and belief.
Sworn before me at St. Johnís
This 6th day of October
Hy Thos. Wood
Commr Affts John D Ryland
In the name of God Amen. I Elizabeth Mary Burton Gill od Saint Johnís Newfoundland Widow do make this my last Will and Testament.
First. I give devise and bequeath all my real and personal property, lands, houses, tenements and effects that is to say All my undivided one third part or share of and in the lands tenements, Buildings, Goods, chattels, Securities monies and effects forming the Estate of my late dear Husband Nicholas Gill and all other my real and personal property monies and effects wheresoever the same may be unto John De Grave Ryland, and Charles Ryland my Executors, hereinafter named their Executors, Administrators, and assigns forever. _____________
In Trust nevertheless and to and for the uses intents and purposes following that is to say In Trust to have receive and take the rents, issues, and profits of my real Estate and pay the same as they shall accrue, a money my three Daughters, Lucretia Sarah Calver Gill, Harriet Gill, and Amelia Gill, in equal parts share and share alike for and during the term of their natural lives; and upon the death of any of my said Daughters, leaving a child or Children, in trust to pay the annual proceeds of the share of such deceased Daughter or Daughters to or among her or their respective child or children and in case of the demise of one or two of my said Daughters without children or child surviving her or them, then In Trust to pay for all such rents, issues, and profits to my surviving Daughters and Daughter during their or her natural life and upon the decease of the longest survivor of my said Daughters if she shall leave children or a child surviving, then In Trust to pay the same rents, issues, and
Profits, to the use of such Children or Child, and if all my said Daughters shall depart this life without leaving and issue surviving, then I give devise and bequeath all my said real property, Lands and Tenements to my said Executors, In Trust to pay and apply the rents, and profits thereof equally among my Sons James, William, Frederick, George and Henry Gill and in the event of the decease of either or any of my said Sons before the death of the Survivor of my said Daughters, the children and descendants of such deceased Son if any such there shall then be, to take the share of the deceased Parent. ___ And I do further direct in the event of the marriage of any or either of my said Daughters that my said Executors, and Trustees shall pay to such my Daughters or Daughter, notwithstanding her or their coverture, all rents and monies accruing from my Estate to her or their separate use independent of the control of any Husband and that the receipt of my said Daughters respectively shall be a good discharge to my Executors therefor ______ And I do hereby further direct my said Executors, not to sell or dispose of except by Lease for years any part of my real Estate, hereby vested in them _ And I do further direct that my aforesaid Daughters shall immediately after my decease be entitled to and have my share of all Household furniture, Goods, Plate, and Chattels, of my late dear Husbands Estate, and also all my monies of which I shall die possessed after payment of my debts, and funeral expenses. ____
And I do further hereby nominate, constitute, and appoint my Friends John DeGrave Ryland and Charles Ryland my Executors and Trustees under this my last Will.
In Witnefs ---------