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 273 to 275 probate year 1907

Will of Thomas Butler

In re: THOMAS BUTLER. DECEASED

This is the last will and Testament of me Thomas Butler of Topsail Road, in St. Johnís, in the Island of Newfoundland, Farmer.

First. I give and bequeath to my son Joseph all my farm and land with the buildings thereon situate on Topsail Road aforesaid, but should my said son Joseph die without leaving issue him surviving I will and direct that the said farm and land with the buildings thereon shall be the property of my grandsons Heber and Thomas, sons of Matthew, as tenants in common, subject to the support of Catherine Butler, wife of the said Joseph Butler, should she survive him, until such time as she shall marry again. My daughters Laura and Isabel, or either of them, to have the right to occupy the Eastern end of the dwelling house on the said farm until their respective marriages.

Second. The piece or parcel of land on the Blackmarsh Road I bequeath as follows:

  • To my son Walter the Eastern portion thereof having a frontage on said road of four hundred and twenty feet and running back to Cowans land, the Western boundary being at right angles with said road.
  • To my son Matthew the western portion thereof having a frontage on said Blackmarsh road of four hundred and twenty feet and running back to Cowans land, the Eastern boundary being at right angles with the said road.
  • The middle portion between the aforesaid two lots to be the property of my son Joseph, but should he die without leaving issue him surviving the same is to be the property of my grandson Donald, son of Matthew.

Third. I give and bequeath all my household furniture, cattle, cars, carriages, machinery and farming utensils and all the rest of the property of which I shall die possessed to my said son Joseph, subject to the payment by him of all my just debts, funeral and testamentary expenses. I appoint William James of St. Johnís aforesaid, Farmer, sole Executor hereto Thomas his X mark Butler Signed Published and Declared by the said testator as and for his last will and Testament in our presence who in his presence at his request and in the presence of each other subscribe our names as witnesses hereto, the same having been first read over and explained to the said testator. Jessie E. White Chas. H. Hutchings

- Codicil -
I Thomas Butler of Topsail Road Farmer by this my last and only codicil to my last will and Testament hereby revoke that portion of paragraph "second" of my said will commencing with the word "but" line twenty two page one and ending with the words "son of Matthew" and direct that should my said son Joseph die without leaving issue him surviving the piece or parcel of land in the said paragraph bequeathed to him is to be the property of my two sons Walter and Matthew and my grandson Donald son of Matthew in equal proportions as tenants in common my said sons Walter and Matthew taking the portion adjoining the lots in the said paragraph bequeathed to them respectively I also revoke paragraph "Third" of my said will in so far as it relates to my black horse and direct that the proceeds of the sale of my said horse either before or after my death, be divided equally between my daughter Isabel and my said son Joseph

Dated at St. Johnís this 19th day of April A.D 1907 Thomas his X mark Butler signed published and declared by the said Testator as and for a codicil to his last will and Testament in our presence who in his presence at his request and in the presence of each other subscribe our names as witnesses hereto the same being first read and explained Agnes Guzzwell. Chas. H. Hutchings

Certified correct, D. M. Browning Registrar
(Listed in the margin next to this will the following)
Fiat May 15. 07 C.J Probate May 22. 07 granted to William James Estate sworn at $1800.00

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