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 165-166 probate year 1854
|Will of John Marshall|
John Marshall deceased.
In the name of God Amen. I John Marshall (the elder) of Burin, Newfoundland now suffering from great weakness of body but of sound mind and right judgment do at my death give and bequeath all my lands, tenements, fishing rooms and appurtenances thereto belonging together with all monies belonging to me in manner following, that is to say,
I give to Thomas Marshall (my grandson, son of my son Matthew) all my premises situate on the north-east of a line drawn from the centre of my wharf to the extreme north west side of my meadow, which will embrace the fish-store and all other buildings erections and lands belonging to me on the north east side of said line bound and abutted by the property now in the possession of my son Matthew Marshall, provided that should the said Thomas Marshall (my grandson) die before he arrives at 21 years of age then the above bequest to revert to his father (Matthew Marshall) his heirs or assigns.
To my grandson John Marshall son of Richard Marshall I give my dwelling house and furniture thereto belonging, lands, buildings and erections situate on the south-west side of the line before described as running from the centre of my wharf to the extreme north-west side of my meadow provided that should the said John Marshall (my grandson) die, before he arrives at 21 years of age, then the above bequest shall revert to his father Richard Marshall his heirs or assigns.
I also give to each of my grandchildren the sum of ten pounds currency to be invested in the Savings Bank at St. John’s, Newfoundland, in their respective names, and there to remain at interest till such time as they shall respectively attain the age of 21 years when each child shall be entitled to receive the same, Provided that should any of my grandchildren die, before they arrive at the aforesaid 21 years of age the said sum with interest which may have arisen thereon shall be given in equal parts to the surviving brothers and sisters of such deceased child.
And further, I give and bequeath to my son Matthew Marshall all my interest in the schooner “Milo” (now in his possession) together with all my right and title in the property which he now occupies and commonly known by name as “Shandy Hall”. I also give to my son Richard Marshall all my right & interest in the schooner “Nautilus” (now in his possession)
All the residue of my property (the foregoing conditions being complied with) shall be equally divided between my two sons, Matthew & Richard Marshall, consisting of all monies now in my possession or anywhere vested in public securities belonging to me with all my stock in trade, chattels, goods and effects and all debts due to me, provided that they my aforesaid sons shall pay all just debts due by me.
And lastly I appoint the Rev. J. C. A. Gathercole & William Hooper, Esq. J. P. to be my true and lawful executors to carry out the conditions of this my last will and testament.
In witness whereof I have hereunto subscribed my mark (being too weak of body to write my name) and affixed my seal this twenty ninth day of November in the year of our Lord one thousand eight hundred and fifty three.
John Marshall his X mark (LS)
Signed sealed and delivered in the presence of
John C. A. Gathercole, Clk. Willm. Hooper. J.P.
D. M. Browning