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 227 to 229 probate year 1857
|Will of Edward Power|
In re EDWARD POWER. DECEASED.In the name of God Amen, I Edward power of Brigus South being at present in good health and of sound mind and being aware of the uncertainty of health or life in this world declare the following to be my first, my last and only will and testament, hereby revoking all other wills In the first place I commend my soul to the God who gave it and my body to be decently interred in due course in the graveyard at Brigus by the side of my late wife.
Secondly, I give and bequeath unto my son Joseph Power for and during the term of his natural life, all that dwelling house and garden thereunto belonging and adjoining together with the potato field and ground situate near the fishing room I now occupy, that I purchased from Charles Hutchings Esqr bounded in front by said fishing room on the back by James Hayes’s ground and east and north east by my own meadow land.
Thirdly, I give and bequeath to my sons Joseph Power and Nicholas Power for and during the term of their natural lives all that fishing room now occupied by me together with all the stores, stages, flakes, cook-rooms privileges and appurtenances thereunto appertaining or belonging and being thereon to be by them jointly made use of during their lifetime and after them to descend to their children and their children’s children in succession forever and in the event of any disagreement ever arising between the parties in possession for the time being the premises or any part thereof are not to be sold to strangers but to be delivered up to one or other of my descendants at such a valuation as two disinterested and respectable persons may set thereon the first offer to be made to the senior in possession and upon his refusal to take it then to the next senior and so on through the several of my descendants alive in rotation until some of them accept the offer
Fourthly, I give and bequeath to my son Nicholas Power a spot of ground on any part of the old fishing Room convenient for building a dwelling house upon for himself (should he require it) sixty feet long and forty feet wide for an during the term of his natural life also all that ground that I have had cultivated situate at the back of the old fishing room and between the said room and the sea for and during the term of his natural life
Fifthly, I give and bequeath unto my daughters Sarah Power and Ellen power for and during the terms of their natural lives all that dwelling house I now occupy together with all the household furniture and goods of every description therein contained, the small gardens and ground adjoining also that garden at the back of the store adjoining Marks Grace’s ground together with all the land and farm situate upon the Hill held under a grant from Government together with all the buildings and farming utensils thereon jointly equally between them And in the event of either of my daughters marrying or having a desire to live apart form the other, then the above named bequest is to be divided into two equal parts one to each in accordance with the judgement of my sons Joseph and Nicholas I also bequeath to my daughter Sarah all that fishing room with all thereunto belonging known as the Lookout Room in Brigus and I bequeath to my daughter Ellen all that fishing room situate on Brigus Island and known as Webbers Room each room to each daughter for the term of their natural lives I give and bequeath to my grandson Edward (son of late Peter Power) all those meadows and gardens now let to James Doyle (and situate in Brigus) at the rent of thirty shillings p annum together with all arrears of rent due thereon and appoint my son Joseph as the Trustee to see the same so applied. All that spot of land in the occupancy of Martin Leary I give and bequeath to my sons and daughters equally between them. I bequeath to my son Joseph one cow, to my son Nicholas one cow and my horse called “Star” I give and bequeath to my sons Joseph and Nicholas- The remainder of all cattle and horses that I may be possessed of at my demise with all the farm produce in possession on the premises I give and bequeath jointly and equally to my daughters Sarah & Ellen
I further will and declare and all the gifts and bequests aforenamed are made upon this express and positive condition, that is to say, that no part or parcel of the above named landed property shall every be mortgaged sold or in any way whatever disposed of or made away with but be and remain the property of my descendants in rotation so long as any of them shall survive or be alive and when any of the above named parties shall die his heirs and their respective proportion shall become and be the property of the next akin alive and among those equally near to be justly and equitably divided among the heirs of my descendants for ever. I leave also a last request to my sons and daughter that in case any unfortunate and unforeseen occurrence should happen at any time to raise up any disagreement between them that they will seek the advice of Robert Carter Esqr, J.P. of Ferryland thereon and be guided by his counsel in the matter I name for my executors to this my last and only will my sons Joseph and Nicholas, Matthew Morry Esqr J.P. of Capelin bay and Robert Carter Esq. J.P. of Ferryland and I request the two latter to accept the appointment.
As witness my hand in Ferryland in the Island of Newfoundland this seventh day of October one thousand eight hundred and forty eight
Edward his X mark Power (LS)
Signed, sealed and duly executed in the presence of us
Thomas Norris, Robert Carter, Junr. Robert Carter, N.P.
D. M. Browning