NL GENWEB

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

This is the last will and Testament of me Emanuel Chafe of The Goulds, Farmer.

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

  • (1) to my son Samuel Augustus Chafe the western half of the land situate on the south side of New Gower Street in Saint Johnís together with the house thereon for ever.
  • (2) to my son Theophilus T. Chafe the Eastern half of said land with the dwelling house thereon for ever
  • (3) to my son Theophilus T. Chafe the upper or Eastern part of the farm occupied by me at the Goulds as the same is now divided by a fence running across same from North to South To Hold the same to the said Theophilus T. Chafe for ever Subject to the condition that he shall pay to my wife Lucilla Chafe the sum of ten dollars per year for and during her natural life
  • (4) To my son Archibald T. Chafe the lower or western part of the said farm occupied by me at the Goulds, and all cattle, farm stock and implements contained thereon Also all furniture and household goods belonging to me (save and except the organ hereinafter referred to) and the fishing room on the south side of Petty Harbor now occupied by James and Thomas Weir To Hold the same to the said Archibald T. Chafe for ever Subject to the condition that he shall pay to my wife Lucilla Chafe the sum of twenty dollars per year for and during her natural life.

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,
First. I hereby revoke the bequest to my son, Archibald T. Chafe, of the fishing room on the South Side of Petty Harbor, then occupied by James and Thomas Weir, as I have sold the said fishing room since the execution of my said will
Second. I hereby bequeath to John William Tremille, son of my late wife, Lucilla Ann Chafe, the sum of fifty dollars, to be paid to him out of Newfoundland Government Debentures for six hundred dollars now held by me.
Third. I bequeath to Nathaniel James Tremills, son of my late wife, Lucilla Ann Chafe, and to my two sons, Theophilus T. Chafe and Archibald T. Chafe, the balance of said Newfoundland Government Debentures, amounting to five hundred and fifty dollars, in equal shares between them.
Fourth. In all other respects I hereby confirm my said will. Witness my hand at St. Johnís this fourteenth day of March A.D. 1907 (sgd) Emanuel Chafe. Signed, published and declared by the said testator as and for a codicil to his last will and testament in our presence, who in the presence of the testator and of each other, all present at the same time, have hereunto subscribed our names as witnesses (sgd) D. Morison (sgd) A W Knight.

Certified correct, D. M. Browning Registrar
(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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