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 171-172 probate year 1854
|Will of William Parker|
In re WILLIAM PARKER. DECEASED.I William Parker of Saint John*s in the Island of Newfoundland Shopkeeper do hereby declare this to be my last will and testament in manner and form following that is to say:
1st I devise and bequeath all and singular my lands, tenements, goods, chattels and effects of every description and wheresoever situate and being unto my Trustees hereinafter named upon the trusts and for the purposes hereinafter mentioned.
2nd. I direct the said Trustees of my estate to realise my stock in trade and let and demise and continue let and demised to the best advantage the house and premises I Occupy in Water Street in saint John*s and all my other houses, lands and premises, wherever situate and to keep my house in Water Street insured and place the net proceeds of the said stock at interest in Government or other good securities and apply the said interest and the rents of all my lands and houses or so much thereof as my executors shall deem sufficient for the maintenance and clothing of my wife Margaret Parker until, but not after she shall again marry, and the maintenance clothing and education of my following children namely, James, Laurence, Patrick, Mary, Honora and Margaret until they shall attain respectively the age of twenty five years.
3rd That upon each of my said children respectively attaining the age of twenty five years he or she shall thereupon be entitled to receive and equal share or sixth part of all my lands, houses, moneys, and estate which share or part shall be thereupon made by my executors, if required, from the whole thereof from time to time as they shall respectively attain the said age for the sole and exclusive use and benefit of every one of my said children so attaining the said age respectively. Provided always that if either or both of my said daughters should be married with the consent of my said executors before they or either of them attain the age aforesaid, it shall be lawful for the said executors to give to them on so being married respectively their said several shares subject however to the conditions and limitations herein contained. And upon my said wife being again married or upon the death of any of my said children without leaving lawful children the share of my said wife and any of my said children so dying without children as aforesaid shall be equally divided among my said sons, James, Laurence and Patrick, upon their respectively attaining the said age or the survivor or survivors of them and their lawful children Provided always that in no case shall any husband of any of my said daughters have any control over or any right to any portion of my estate in respect of the share or annuity falling to any of my said daughters but the same shall be held by such daughters in manner hereinbefore provided free of any such control.
4th, It is my further will and desire that the control and management of my children shall remain in the hands of my said wife until she shall again get married but no longer.
5th, I further desire that my household furniture shall be given to my wife and such of my children as she may wish to give the same to.
6th. I further desire that my gold watch and chain shall be given to my son William. Lastly. I hereby nominate and appoint Messieurs Michael Nowlan of Saint John*s Merchant and Randall Green of the same place ACCOUNTANT THE executors of this my last will and testament and the trustees of my estate hereby revoking all former wills made by me and declaring that it is my will and desire that no portion of my lands tenements and premises shall be sold or absolutely disposed of by them (nor otherwise than on such reasonable and usual leases or demises as are granted) of lands tenements and premises similarly situated in Saint John*s) until a division shall be made in my estate at the time and in the manner aforesaid, and in the event of the death of either or both of my said Trustees or their or either of their declining to act it is my desire that another disinterested person or persons shall be appointed in their stead by the Supreme Court so as to secure the faithful observance of my will in respect of my family.
In witness whereof I hereby subscribe my hand and set my seal at Saint John*s aforesaid the eleventh day of June A.D. 1853.
William Parker (LS)
Signed sealed published and declared as the last will and testament of the said William Parker on the day and year last aforesaid in the presence of us who at his instance and in his presence do severally set and subscribe our names hereto as attesting and subscribing witnesses,
James Gleeson Mich. Nowlan. P. F. Little.
Certified correct, D. M. Browning