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 John Damerill Withycombe Senior from Newfoundland will books volume 4 pages 336 to 339 probate year 1884

In re
            John D. Withycombe deceased.

This is the last will and testament of me John Damerill Withycombe senior of Saint Johnís Builder I hereby revoke all former and other wills by me at any time made and desire that my just debts and funeral and testamentary expenses be first paid out of my estate.     I give and bequeath to my beloved wife Mary Ann all my household goods furniture and effects of every description at present contained in the house occupied by me situate on the south side of the harbour of Saint Johnís To hold to her for her sole and absolute use forever.     I also give devise and bequeath to my said wife all the rents issues and profits of all my estate property and effects (other than the household furniture before referred to) both real and personal of which I shall die possessed for her sole and absolute use benefit and support during her natural life And upon and after the death of my said wife I desire that my said estate and property shall be divided in the following manner that is to say.

First I give devise and bequeath to my son William Gilbert Withycombe the dwelling house now occupied by me situate on the south side of the harbour of Saint Johnís and immediately to the westward of the factory hereinafter mentioned together with the land upon which the said house is built and the garden in the rear thereof also the factory situated to the eastward of the said dwelling house and the piece of land upon which the same is built and all the machinery tools and implements contained in the said factory also the western half of the store situate on the south side of the harbour adjoining Cooks property and at present under lease to P. & L. Tessier To hold to my said son William Gilbert Withycombe for ever.

Second. I give devise and bequeath to my daughter Julia wife of Thomas Reid the dwelling house situate on the south side of the harbour immediately to the eastward of the factory before mentioned together with the land upon which the said house is built and sufficient land in the rear of the said house to measure one hundred and thirty feet from the road to the rear or southern boundary Also the eastern half of the store before mentioned as being adjoining Cooks property and at present under lease to P. and L. Tessier To hold the same to my said daughter Julia for her sole separate and absolute use for ever free from the control debts or liabilities of any husband

Third I give devise and bequeath to my son John Damerille Withycombe one half of the piece or parcel of land situate on the north side of Pokeham Path in Saint Johnís bounded on the north by property of Samuel Prowse and measuring thereby about fifty eight feet six inches on the east by property of James McLoughlane and measuring thereby about ninety six feet on the south by partly by a piece of land for a way to said James McLoughlanís property and measuring thereby about forty one feet thence by a line running to the north east corner of John Cookís property about sixteen feet six inches in a southerly direction thence bounded on the south by said John Cookís property about ten feet six inches to the corner of William Guffís property and bounded on the west by said William Guffís property and measuring thereby one hundred and eleven feet together with the buildings on said half of said land Also the eastern half of the waterside land and property situate on the south side of the harbour of Saint Johnís bounded on the north by the harbour and extending thereby fourteen feet four inches on the south by the public road and on the east by property of McDougall the said land being also under lease to P. and L. Tessier Also one half of the land situate on the north side of the road running along the south side of the harbour of Saint Johnís with the erections thereon To hold to my said son John Damerill Withycombe for ever

Fourth. I give devise and bequeath to my daughter Jane Damerill Harvey wife of William Campbell the western half of the waterside property lastly hereinbefore described the eastern half of which is hereinbefore bequeathed to John Damerill Withycombe also one half of the land with the erections thereon situate on the North side of the road running along the south side of the harbour of Saint Johnís the other half of which is hereinbefore bequeathed to my son John Damerill also one half of the land situate on the north side of Pokeham Path and hereinbefore described the other half of which is hereinbefore bequeathed to John Damerill Withycombe also all that piece of land situate behind or to the southward of the garden in rear of the house occupied by me and bounded on the south by ungranted land subject to the reservation hereinafter set forth should a portion of the land be required by the Wesleyan Church or School Trustees To hold the same to my said daughter Jane Damerill Harvey Campbell for her sole separate and absolute use for ever free of the control of any husband

Fifth I give devise and bequeath to my daughter Mary Emma wife of William Maddock All that piece or parcel of land together with the buildings thereon situate in Saint Johnís aforesaid bounded on the north by John Cook on the south by property of John Neill on the west by Tooles property and measuring thereby about thirty four feet and on the east by Kings Road and measuring thereby thirty five feet three inches or thereabouts including a passage way extending part way to the rear Also all that piece or parcel of land together with the buildings thereon situate in Saint Johnís aforesaid bounded on the north west by Curtains lane and measuring thereby about twenty six feet bounded on the west by land of Toucher and measuring from front and rear about sixty-four feet To hold to my said daughter Mary Emma Maddock for her sole separate and absolute use for ever free from the control of any husband

Sixth It is my wish and desire that the five instalments or ten pounds currency each due me by Samuel Stowe of Harbour Grace being the balance of purchase money due to me for a farm property sold to him shall be expended in equal proportions in or towards the education of the eldest child or each of my five children

Seventh It is my wish and desire and I hereby will and direct that in the event of a road being at any time made along the rear or southern part of the land at South Side hereinbefore bequeathed to my daughter Jane Damerill Harvey Campbell that such portion of the said land as may be required at any time by the trustees of the Wesleyan Church for Church or School purposes shall be given and transferred to them by my said daughter

Eighth It is my wish and desire and I hereby will and direct that the said land chattels and effects hereinbefore bequeathed (save and except the said household furniture) shall never be sold or mortgaged by the said legatees or any of them

Ninth I hereby appoint my son-in-law William Campbell and Donald Morison of Saint Johnís Barrister at law executor of this my last will and testament     In witness whereof I have hereto subscribed my hand at Saint Johnís this thirteenth day of March in the year of our Lord one thousand eight hundred and eighty four.     J.D. Withycombe.     Signed by the said testator as and for his last will and testament in the presence of us who in his presence and the presence of each other have subscribed our names as witnesses, D. Morison, William Campbell.

Certified correct,
D. M. Browning
Registrar


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