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 Patrick Summers from Newfoundland will books volume 4 pages 241-242 probate year 1883
Patrick Summers deceased.
In the name of God Amen. I Patrick Summers of Prescott Street in Saint John’s, Newfoundland, Victualler, do hereby make this my last will and testament revoking all other and former will testaments and codicils by me made. I will and desire and it is my first intention that the business which I now carry on shall be continued by my beloved wife Catherine, and my sons James and Thomas for the purpose of maintaining and rearing, educating and providing for my family until they and each one of them shall have arrived at a reasonable age and be fitted to earn for themselves. My sons James and Thomas shall be advised by and under the control of their mother in all lawful and important matters concerning the said business and the management thereof. Until my said son Thomas shall reach the age of twenty five he shall be guided by and under the control of my wife and James at which time he shall have equal authority with James both being at all times under the direction of my said beloved wife.
All my stock in trade, the houses I now occupy goods chattels debts monies and effects farm stables and farm stock and utensils appertaining thereto (save as hereinafter excepted) I will and desire shall be held undivided for the use and purpose of the said business. All my children save as before provided respecting Thomas shall be advised by and subject to my said wife and son James. Any wilful disobedience of a character calculated to be dangerous to the welfare of my family shall justify my wife and James on consultation with my executors hereinafter named to take the best measures to correct such or any other misconduct. If any of my other sons than those above named wish to join in the business they shall be at liberty to do so.
There shall be no division or distribution of any property of mine (save as hereinafter provided) until my family shall be reared and fitted for some employment. When this shall have been done my sons James and Thomas or such of my sons as shall have carried on the business for the purpose above named shall enjoy or share the said property equally between them if my said wife be dead but no division shall take place during her lifetime or widowhood
I devise and bequeath to James the house at the corner of Prescott Street and Military Road formerly occupied by one Murphy subject to the rent thereof. If my daughter Margaret marry her mother shall give her such articles or things as in her opinion shall be suitable to her. My wife shall also have power by the advise of my executors to make arrangements for the family in case of her death My children shall not be at variance nor shall they go to law with each other on any account, nor prosecute actions against my executors for the purpose of interfering with any of my children; but if differences do arise I direct that they shall have recourse to amiable arrangements by reference to friends or arbitrators
In reference to that part of the half of the farm to which all my children have a certain share under certain deeds if any one of them wishes to dispose of his or her share I wish the one so desiring to sell to sell to his brothers or sisters who shall be carrying on the trade My daughters while unmarried shall be entitled to live in the house I now occupy and also to their support while so living in the house. They shall also be fitted to earn their own living as far as practicable. I hereby nominate and appoint Thomas Summers Water Street and Patrick J Scott my executors. Witness my hand at St. John’s this ninth day of March Anno Domini eighteen hundred and seventy eight. Patrick Summers. Signed in presence of us who in presence and at the request of testator and in presence of each other sign as attesting witnesses, the above interlineations being first made and the word “sisters” on the 26th line of third page hereof being first erased. Mary Lawton, Patrick J. Scott.