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 Jane Borland from Newfoundland will books volume 4 pages 245 to 247 probate year 1883

In re
            Jane Borland deceased.

This is the last will and testament of me Jane Borland of No. 117 Kennington Park Road in the County of Surrey Widow     I nominate and appoint my friend John Clutton of No. 10 Serjeants Inn Fleet Street Gentleman to be trustee and executor of this my will I desire to be buried in the same grave with the remains of my late husband in the Cemetery at Norwood Surrey     I direct that all my just debts funeral and testamentary expenses may be paid as early after my death as conveniently may be

I give devise and bequeath all the property I now possess or am entitled to under the will of my grandfather Robert Bulley Esquire situate and being in Saint Johnís Newfoundland of what nature and kind soever unto my two nephews Daniel William Carroll (son of my late half brother William Daniel Carroll who was the son of my mother by her second husband) and Vincent Patrick Franklin (son of my late half sister Mary Ann Franklin who was the daughter of my mother by her said second husband) and to their heirs executors administrators and assigns according to the several natures and properties thereof to and for their own use and benefit for ever share and share alike as tenants in common but should my said nephew Daniel William Carroll die in my lifetime then I give and bequeath his moiety in the said property unto my said nephew Vincent Patrick Franklin absolutely

I give and bequeath the following legacies free of legacy duty that is to say

  • To my executor before named the sum of one hundred pounds for the trouble he may have in the execution of the trusts of this my will
  • To my cousin Margaret Hierlihy of Halifax Nova Scotia the sum of three hundred pounds
  • To my cousin Jane Bulley of Gravesend the sum of three hundred pounds
  • To my goddaughter Jessie Clutton daughter of the said John Clutton the sum of one hundred pounds to be retained for the said John Clutton for her and his receipt alone during his minority shall be a good discharge to my executor
  • To my god-daughter Janet Leadam daughter of Doctor Thomas Leadam of Mortimer Berkshire the sum of one hundred pounds
  • To each of my said nephews Daniel William Carroll and Vincent Patrick Franklin the sum of three hundred pounds
  • To William Jolliffe and his sister Florence Jolliffe of Knowle Road Brixton in the County of Surrey the sum of fifty pounds each
  • To Fanny Arnold the faithful servant of my late cousin Sarah Appleyard the sum of fifty pounds and to each of my servants Elizabeth Farrow and Sarah Foulger if she shall be living with me at the time of my death the sum of one hundred pounds
  • And as to all the rest residue and remainder of my estate and effects both real and personal I give devise and bequeath the same unto the said John Clutton and his wife Mary Ann Clutton, Emma Otway the widow of my esteemed friend Charles William Carrol Otway and my said nephew Vincent Patrick Franklin and their respective heirs executors administrators and assigns to be equally divided between them as joint tenants but I authorize and empower the said John Clutton for the purpose of enabling him the more effectually to make such equal division of my said residuary estate to sell all or any part thereof either by public auction or private contract at such time or times and in such manner in all respects as the said John Clutton in his uncontrolled discretion may deem advisable and proper

    I declare that every interest hereby given to any person being a female shall be for her sole separate and absolute use and benefit free from the debts control interference or engagements of any person to whom she shall have been or may be married and so that her receipt alone shall be a good and effectual discharge for the same

    I devise all estates vested in me as trustee or mortgagee unto the said John Clutton his heirs executors administrators and assigns subject to the trusts and equities affecting the same hereby revoking all other wills     In witness whereof I have hereunto set my hand this thirteenth day of January one thousand eight hundred and seventy-nine.     Jane Borland- Signed and declared by the said testatrix Jane Borland as and for her last will and testament in the presence of us present at the same time who at her request and in her presence and in the presence of each other have hereunto subscribed our names as witnesses-
    J.H.F. Lapthorn, Clerk to Messrs. Clutton & Haines, 10 Serjeants Inn Fleet Street-     Ellan Heal servant to Mr. Clutton 127 Kennington Park Road-

    This is a codicil to the last will and testament of me Jane Borland of No. 117 Kennington Park Road in the County of Surrey Widow which will bears date the thirteenth day of January one thousand eight hundred and seventy nine I give and bequeath the following pecuniary legacies clear of legacy duty

  • To Charles Otway Alfred Otway and Henry Otway sons of the late Charles William Carrol Otway mentioned in my said will the sum of thirty pounds each
  • To Doctor Blades of Kennington Park Road the sum of thirty pounds
  • To Sophia Eaton the wife of George Eaton of New Street Kennington Park Road the sum of fifty pounds
  • To Mrs. ______ Lewis (widow of the late General Lewis) of Inverness Terrace Bayswater the sum of ten pounds for a mourning ring or brooch
  • To Mary Wills the sum of ten pounds for a mourning ring or brooch
  • To Mary Ann Taggart McGusty of Russell Square the sum of ten pounds for a mourning ring or brooch
  • I give also the following legacies to Emily Johnson of Russell Square the case of stuffed birds in my drawing room and the engraving of the marriage of Her Majesty Queen Victoria and to Susanna Harris the two pieces of china presented to me by her aunt Mrs. Bullock and also the clock in my dining room
    I declare that every interest hereby given to any person being a female shall be for her sole separate and absolute use and benefit free from the debts control interference or engagements of any persons to whom she may be married and so that her receipt alone shall be a good and effectual discharge for the same     In all other respects I ratify and confirm my said will     In witness whereof I have hereunto set my hand this thirteenth day of December one thousand and eight hundred and eighty-one-     Jane Borland-     Signed and declared by the said testator Jane Borland as and for a codicil to her last will and testament in the presence of us who at her request in her presence and in the presence of each other have hereunto subscribed our names as witnesses-
    John C Wittich-     Henry F. Smith, Clerks to Messrs Clutton & Haines Solrs 10 Serjeants Inn Fleet St.

    Certified correct,
    D. M. Browning
    Registrar

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