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 341 to 344 probate year 1907

Will of John Nash

In re: JOHN NASH. DECEASED

In the Name of God, Amen. This is the last will and testament of me, John Nash, of Topsail Road, in the electoral district of St. Johnís West, farmer.

1. It is my will and desire that my executor hereinafter named shall see that all my just debts, funeral and testamentary expenses are first paid.

2. I will devise and bequeath unto my son James Nash all my right, title and interest, which is the western half, in and to all that piece of land, with dwelling house and farm buildings thereon, now occupied by me, and known as "Nashville"; also one-half of all live stock, farm stock, and farming utensils on the said farm. Also to my son James one-half of that farm of forty acres situate on the southside of Blackmarsh Road, and known as "Gibsonís Farm" Also to my son James one-half of that farm of sixty acres situate on the north side of the old Topsail Road, and known as "Landyís Farm". Also to my son James my leasehold interest, which is one half, in the two following farms:
(1) all that piece of land situate on the north and south of the Topsail Road, and held under lease from Mr Edward Morris;
(2) that piece of land situate on the south side of Topsail Road, and held under lease from Richard Dunn, and known as "Wallís Farm;" also to my son James my leasehold interest, which is one-half, for a term of five years in that piece of land situate on the south side of Topsail Road, and leased from Patrick and James Ryan; To Have and To hold the same unto my said son James on the following conditions, that is to say: that he, the said James Nash, will support and maintain my wife, Bridget Nash, during the remainder of her life in the same comfortable manner and condition as she has been maintained and supported by me, and at her death to give her a fit and proper funeral; also to support and maintain in a fit and proper manner, as she has heretofore been accustomed to my daughter Bridget Nash during her life, or until such time as she may get married and have a home of her own; and the support of my said wife and daughter shall be a first charge on the revenues derived from the said pieces and parcels of land and premises.

3. I will, devise and bequeath unto my son Robert Nash all that farm, with dwelling house and barn thereon, situate on the southside of Topsail Road, and known as "Summersí Farm," for his separate property for ever; also my gray horse with cart and cart harness; also the cow which is now in his possession. My said son Robert is also to have the right, when required, of the farming utensils herein willed to my son James, and if he injures any of the said utensils he has to make good the damage, but neither of my said sons can loan the said farming utensils without the consent of my brother Robert being first had; also my son Robert is to have the grazing of his horse on the marsh on Morrisís Farm aforesaid, on the condition that he keeps the fences on the roadside in good condition from Gibsonís property to Morrisís gate.

4. I will, devise and bequeath to my son John Nash the sum of $160.00 to be paid him by my executor one month after the granting of probate to this my last will and testament, and he shall have no further claim on my estate

5 It is my will and desire that my brother Robert Nash and my son James shall receive all the revenue and cash realized from the sale of the produce and milk from the farm. It is also my will that my son Robert shall not cut wood and timber from Morrisís farm; save and except what he may require for fencing purposes, without first having had permission from my brother Robert and my son James.

Lastly I hereby appoint the Hon. J. D. Ryan executor of this my last will and testament, hereby revoking all other and former wills that may have been made by me. In testimony whereof I have hereunto set my hand at St. Johnís, this Fourth day of September A.D. 1906. John his X mark Nash Signed by the said testator as and for his last will and testament in the presence of us, who in his presence, at his request and in the presence of each other, have hereunto subscribed our names as witnesses. (The foregoing last will and testament having been read over and explained to the said testator, and seemingly fully understood by him) Richard Clancy F. J. Morris

Certified correct, D. M. Browning Registrar
(Listed in the margin next to this will the following)
Fiat Nov 7/07 Emerson Probate Nov. 11. 07 granted to James D. Ryan Estate sworn $2600.00

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