Transcribed by Judy Benson
While I have endeavored to be as correct as humanly possible, there could be some typographical errors
Newfoundland will books volume 2 pages 173 to 175 probate year 1854
|Will of Thomas Parker|
In re THOMAS PARKER. DECEASED.In the name of God Amen. I Thomas Parker of St. John*s Dealer being of sound mind memory and understanding do make this my last will and testament First I give devise and bequeath to my executors hereinafter named all my real and personal property stock in trade monies in the Bank and in hand Debentures and effects of what nature or kind soever and wheresoever of which I may die possessed in trust for the several uses and purposes hereinafter mentioned in trust for my said executors as soon as conveniently may be after my decease to realise such stock in trade and all perishable property and after the payment of all my just debts and funeral expenses which I direct to be paid by my said executors out of such funds of my estate as may come to their hands I do hereby direct my executors to invest at interest all monies and proceeds of property realised on mortgage security of real property or estate or in Government debentures or securities and from time to time to change and reinvest the same as may appear most beneficial to my estate and I do hereby direct that the interest arising from the monies of my estate and the rents and profits accruing shall be paid and applied by my executors towards the support of my widow and the support and education of my children in such manner as my executors shall from time to time appoint until the principal monies of my estate shall be apportioned or divided as herein after provided. And I do hereby authorise my executors if my widow shall be disposed to carry on business after my decease to allow my said widow to have or retain stock or money not exceeding in the whole the value of one hundred pounds out of my estate for that purpose for which she shall account to my said executors when required by them And my said widow shall also be entitled to occupy the house we live in and use the household furniture during her widowhood and so long as the children shall remain with her. And if my widow shall marry again then it is my will that she be entitled to the sum of one hundred pounds only in full all claims upon my estate And I do hereby give and bequeath to each of my daughters who shall survive me the sum of two hundred and fifty pounds currency to be paid upon their marriage severally as a portion provided that such marriage shall be by consent of at least one of my executors such sum to be in full of all claims upon my estate and should either of my sons die without issue or any of my daughters die before marriage his or her portion shall revest as part of my estate and be equally divided among my sons who shall be then surviving. And upon each of my sons respectively attaining the age of twenty five years I do authorise my executors to advance a sum not exceeding five hundred pounds currency to such son to enable him to carry on business such amount to stand as part of his respective portion or share And upon my youngest male child attaining the age of twenty five years then I do authorize my executors to divide the residue of my estate among my sons first making due provision for any of my daughters who may then remain unmarried and for my widow if then alive and unmarried And in the event of my children all dying before my said widow and none of them leaving any issue living at the time of the death of such of my children as may longest survive then it is my will that after a suitable provision for my widow for her life the residue of my property revert to my nearest of kin who may then survive share and share alike. And I do declare that neither of my executors shall be accountable or liable for the act or deed of the other but only for his own acts. And I do make and appoint my friend Charles Simms and my dear brother William Parker executors of this my last will and testament hereby revoking all former wills by me made.
In witness whereof I the said Thomas Parker have hereunto set my hand and seal at Saint John*s in the Island of Newfoundland this fifth day of February A.D. eighteen hundred and fifty one-
Thomas Parker (LS)
Signed sealed published and declared by the said Thomas Parker as and for his last will and testament in the presence of us who in his presence and in the presence of each other and at his request have subscribed our names as witnesses hereto,
Thos. J. Kough. Jno. R. Jeans.
I do hereby make this codicil to my said last will and to prevent any question as to my intention regarding my eldest daughter I do hereby expressly bequeath to my said daughter Bridget Parker a sum equal to that bequeathed to my daughters in my said will it being my intention that my daughters shall all participate equally in my said estate and in all residuary and contingent interests arising therefrom And I further direct that any child of mine by my said wife who shall be in ventre sa mere at the time of my decease and shall be born hereafter shall be entitled to the same portion and interest whether a son or a daughter that my other sons and daughters respectively shall derive under my said will. And I do further authorise my executors to allow William Parker my brother to draw and use from time to time a sum out of monies of my estate not exceeding two hundred pounds free of interest for a period of ten years or for a longer period if my executors shall think proper.
Witness my hand this fifth day of February A.D. eighteen hundred and fifty one. Thomas Parker.
Signed by the said Thomas Parker in presence of
Thos. J. Kough.
Jno. R. Jeans.
Certified correct, D. M. Browning