Transcribed by Judy Benson & Ivy Benoit. While I have endeavored to be as correct as humanly possible, there could be some typographical errors
Newfoundland will books volume 8 pages 488 to 491 probate year 1908
|Will of Emanuel Chafe|
In re: EMANUEL CHAFE DECEASED
First. I desire that all my just debts, funeral and testamentary expenses shall be first paid.
Second I appoint my friends Arthur W Martin of St. Johnís, Post office clerk and Henry Bishop of Petty Harbour, Trader, and the survivor of them, Executors and Executor of this my will.
Third. I give devise and bequeath to my said Executors all the lands, goods, chattels, monies, estate and effects of every description of which I shall die possessed upon trust to pay the income thereof yearly to my wife Lucilla Chafe, and to permit my said wife to occupy and use the said lands, goods, chattels and effects or such part thereof as she may wish for and during her natural life or until she shall again marry which ever event shall first happen.
Fourth. In the event of the yearly income of my estate not being sufficient for the support and maintenance of my said wife I direct that my said Executors shall be at liberty to pay to her such further sum as my said Executors shall consider necessary and proper in that behalf and the amount of such further sum shall be entirely in the discretion of my said Executors.
Fifth. Should my said wife marry again it is my will and I hereby direct that she shall forfeit all claim upon my estate and all bequests in her favour under this my will shall thereupon lapse and become void.
Sixth. Upon the death of my said wife or should she again marry I give, devise and bequeath my lands, goods, chattels and effects as follows that is to say
Seventh. I hereby bequeath to my seven children namely, (1) Martha (2) Harriet (3) Annie (4) Samuel Augustus (5) Theophilus (6) Archibald and (7) Jacob and the survivors of them in equal shares all monies and securities for money which shall remain in the hands of my Executors upon the death of my wife or upon her remarriage, and all other property, estate and effects of which I shall die possessed and which are not hereinbefore specifically disposed of Subject to the condition that so far as the share of my son Jacob is concerned he shall not be entitled to receive it unless his conduct has been entirely satisfactory to my Executors to whose absolute and uncontrolled discretion I leave the disposal of the share of my said son Jacob.
Eighth in the event of my Executors deciding that the conduct of my said son Jacob has not been satisfactory to them they shall divide his share equally between my other surviving children.
Ninth. I hereby declare it to be my will and intention that any child or children who shall die before my wife or before her remarriage shall thereupon forfeit all claim under this my will, and the bequest to the child or children so dying shall lapse and become void upon his or her death. Witness my hand at Saint Johnís this seventeenth day of December A.D. one thousand nine hundred and four. The organ referred to in clause six I bequeath to my granddaughter Lucilla Williams (sgd) Emanuel Chafe. Signed Published and Declared by the said Testator as and for his last will and testament in our presence, who in the Testator and of each other (all present at the same time) have hereunto subscribed our names as witnesses, (sgd) D Morison (sgd) F. W. Knight.
This is a codicil to the last will and testament of me, Emanuel Chafe. of The Goulds, Farmer, made on the seventeenth day of December. 1904,
(Listed in the margin next to this will the following)
Fifa Nov 18/08 C.J. Probate Nov 27/08 granted to Arthur W Martin and Henry Bishop Estate sworn at $3994.10
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