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 10 pages 376-377 probate year 1916
|Will of George Biddiscombe|
In re: GEORGE BIDDESCOMBE . DECEASED.
This is the last will of me George Biddescombe of St. Johnís, Newfoundland, Farmer, and I revoke all former wills by me made. I appoint my sons Richard and John Biddiscombe to be the executors of this my will. I give devise and bequeath (subject to the conditions hereinafter contained) (a) to my son Richard the Western half (about five and one half acres more or less) of the farm now occupied by me at Bally Haly, off the Logy Bay Road, and (b) to my grandson Richard Biddiscombe (son of my son John) the eastern half (like measurement) of said farm. The Western half of farm is to include the dwelling, which my son Richard now occupies, and also the barn thereon. The said eastern half of farm is to include the dwelling I now occupy.
The said bequest (a) (my son Richardís IS TO BE his absolutely if he (my son Richard) dies leaving him surviving lawful issue- i.e. child or children. If he dies without such child or children him surviving, then at his death the said bequest (a) shall go to my said grandson Richard if then surviving. But if my said grandson Richard predecease my son Richard, and my son Richard dies as aforesaid (without child or children) then said bequest (a) shall, at my son Richardís death, go absolutely to my son John if then surviving. If both my son John and grandson Richard predecease my said son Richard, and said son Richard has no issue as aforesaid, the said bequest (a) shall go absolutely to such one or more of my grandsons, Biddiscombe by name (surname) surviving my said son Richard, as he my said son Richard shall by will designate to possess the same. The contingency arising calling for such designation, and my said son Richard failing to designate as aforesaid, then said bequest (a) shall go to such grandson or grandsons, Biddiscombe by name (surname) as shall survive my said son Richard; and if more than one such grandchildren so survive they shall hold the said bequest (a) as tenants in common. If my said son John and all my grandsons, Biddiscombe (surname) predecease my said son Richard the said bequest (a) shall be my said son Richardís absolutely.
The said bequest (b) made to my said grandson Richard is to be used and enjoyed by my said son Richard (if my said son Richard lives so long) until my grandson Richard attains the age of twenty one years or dies (whichever event first happens) but my said son Richard during that time (while having the said use and enjoyment) shall keep and maintain my said grandson Richard as a father in such a calling in life as his (my said son Richardís) would keep and maintain a son. Should my said grandson die before attaining the age of twenty one years the said bequest (b) and also any other property acquired by my said grandson under this will, shall go absolutely to his father my said son John if then surviving. If my said son John be not then surviving (i.e.(at the death of my said grandson Richard) the said bequest (b) shall go to my said son Richard if then surviving absolutely if said son Richard has issue as aforesaid, but if no issue, subject to the like conditions as applies to bequest (a) as held by my son Richard when my said son John and grandson Richard predecease him (my said son Richard) On my said grandson Richard attaining the age of twenty one years or before that event if both my said sons Richard and John predecease my said grandson Richard, my said grandson Richard shall be entitled absolutely to the said bequest (b)
I give, devise and bequeath to my said son Richard the residue of my estate subject to the payment thereout of all my just debts and testamentary expenses. All the foregoing bequests are subject to this condition that if I predecease my wife Margaret she during her life is to be supported and maintained by my son Richard, while the said farm is used or enjoyed by him, and if he dies before my said wife she is to be so supported and maintained by such other person or persons as for the time being during her life holds or hold the said farm by virtue of this will. In witness whereof I have hereunto set my hand to this my will at St. Johnís aforesaid this fourth day of February nineteen hundred and ten the word ďhisĒ being first interlined on first page. George Biddiscombe. Signed by the above named George Biddiscombe as his last will in the presence of us both being present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as witnesses Jas. J. McGrath Josephine F. Power.(Listed in the margin next to this will the following) Fiat Apr 10/16 Kent J. Probate Apr 15/16 granted to Richard Biddescombe & John Biddescombe Estate sworn at $1020.00
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