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Conception Bay North - Northern District

Spout Cove - Last Will and testament of John Trickett, 1849

(Born 1797 Christchurch, Hampshire England - Died March 27, 1849 Spout Cove) Transcriber's Note: Punctuation and paragraphs have been added to help in the deciphering of the document. A few small portions on the photocopy I received were blotted out, and are indicated by "......".
This is the last will and testament of me, John Trickett of Spout Cove in the district of Conception Bay, dealer.

First, I will and direct that all my just debts, funeral and testamentary expenses shall be paid by my executors hereinafter named. I also give and bequeath unto my wife, Elizabeth, all that dwelling house now occupied by me, also all that fishing room and plantation situate and being at Small Point, known as Hurley's Room, also all that kitchen garden now occupied by me as well as one half that plot of ground called the calves' pen to be held by her during the term of her natural life, but if she marries again, it is to fall into the hands of my executors and be given to my son Henry on his attaining the age of 21 years, but in the event of her not marrying again, she may at her death dispose of the same to any one of my sons she may think proper.

I also give and bequeath unto a daughter Mary, wife of Michael Kellaway, that kitchen garden now occupied by her measuring twenty yards from east to west and bounded on the north by the main road and measuring fifty yards by the brook, also all that garden commonly known as Lavender's Garden, also all that piece or parcel of land on which dwelling house stands bounded on the north by a brook and on the south by the stage road, also that piece of flake ground measuring thirty feet east and west and bounded on the south by the brook, the piece of ground on which the house stands to measure fifty feet east and west to hold to her heirs, executors and administrators. I also give, devise and bequest to my sons William, John, Jonathan, Elijah, Mark, Thomas and Henry that piece of land extending from the calfs pen to the stages (except those parts willed to their mother and sister) to be divided into seven equal parts and each one having a house to take that part nearest to it to hold to them their heirs, executors and administrators.

I also give and bequeath unto my sons William, John, Jonathan, Elijah, Mark, Thomas and Henry all my other lands cultivated and uncultivated to be equally divided amongst them in seven equal shares, with the exception of the following piece of land known as the lower meadow, which piece of land is to be divided into six equal parts between my sons John, Jonathan, Elijah, Mark, Thomas and Henry to hold to them, their hers, executors and administrators. I also give and bequeath my flake room in manner following, that is to say, To my son William thirty feet east and west, east of thirty feet which I give to my daughter Mary, the remaining part east of the above named portions to be divided into six equal parts between my sons John, Jonathan, Elijah, Mark, Thomas and Henry. Also all that piece of flake ground west of my daughter Mary's flake and east of the land on which her dwelling house stands, I give and bequeath to my sons William, John, Jonathan, Elijah, Mark, Thomas and Henry to be equally and fairly divided between them.

I also give and bequeath my two fishing stages in manner and form following, that is to say, the western stage to my daughter Mary, my sons John, Jonathan and Elijah. The eastern stage to my sons William, Mark, Thomas and Henry each one to have equal right in the said stages as named above. I also give and bequeath unto my wife, Elizabeth, all my fishing boats, nets, and fishing gear to be by her used for the rearing and support of those children who are in their minority, but if she marries, the same to revert to my executors to be disposed of by them for the benefit of my estate.

I also give and bequeath her all my household goods and furniture with the exception of a feather bed and bedding to each of my following sons: Jonathan, Elijah, Mark, Thomas and Henry, and my own watch which is to be given to my son Henry, but if my wife marries again, the household goods and furniture to be divided equally amongst my children. I also give and bequeath unto my son Elijah on his attaining the age of 21 years that house now occupied by me as a shop. I also give and bequeath to my son Mark on his attaining the age of 21 years that store house commonly known as the large store house, and to my son Thomas on his attaining the age of 21 years, the cow house and stable on the north side of the brook, also a small store house near the flake on the stage road. It is also my will, desire and meaning that the fish store on the flake shall be used in common by all my family fishing on the room. Also that the gulch should be kept as a landing place for those living on the premises. It is also my will and desire that notwithstanding I have divided all my land fairly between my children that that part which is now under woods should be allowed to remain so for the purpose of keeping up the room. The piece of land owned by me and situate at Small Point and known as Candys ground I give and bequeath to my son Jonathan to hold to him his heirs, executors and administrators.

It is also my will and desire that as soon as possible after my decease that all my stock in trade, monies and securities for monies, rights and credits whatsoever and wheresoever which I shall be possessed of at the time of my death, shall be realized with the least possible delay by my executors, and I will and desire that it shall be divided and shared in manner and form following: that is to say: First, there shall be taken the sum of One hundred pounds currency which is to be expended in apprenticing my four sons Elijah, Mark, Thomas and Henry to some trade on their attaining the age of fourteen years, that is twenty five pounds apiece. I also give to my daughter Mary the sum of twenty five pounds currency to be paid her on my son Henry attaining his fourteenth year, the residuel or remainder to be then divided into eight equal parts or shares, one share is then to be paid to my widow to do as she likes with the same, the remaining seven shares and legacy to my daughter Mary is then to be .......

possible and remain there until my son Henry shall have attained the age of fourteen years, the interest received for the same to be paid to my widow for the support and maintenance of the youngest children, or those under twenty one years of age, and when my son Henry shall have attained his fourteenth year, my will and desire is that my executors shall then raise the money at interest and divide it as follows. To my daughter Mary the sum of twenty five pounds, to my son William one share, my son John one share, my son Jonathan one share, my son Elijah one share, my son Mark on attaining his twenty-first year one share, my son Thomas on his attaining his twenty-first year one share, my son Henry on his attaining his twenty-first year one share, and my will and meaning is and I do hereby order and direct that in the case of the death of any or either of my said children before he or they shall attain their respective ages of twenty-one years, that the share or shares of him or them so dying shall go to and be divided equally unto and amongst all and every the survivors or survivor of them, if more than one, share and share and share alike. It is also my will and I do further order and direct that in case either of my sons shall die and his widow marries again then her claim to anything left by this will ceases. And I do hereby direct that my executors shall not be answerable or accountable for any more money than shall be actually received by them, and not one of them for the other of them, but for his own acts and defaults only. And I do hereby nominate and appoint Robert Ayles of Carbonear and Henry Hearder of Carbonear executors of this my will, hereby revoking all former wills by me at any time heretofore made and do declare this only to be my true last will and testament. In witness whereof I, the said John Trickett, the testator have to this my last will and testament set my hand and seal this 2nd day of January, One thousand eight hundred and forty-nine.

John Trickett, his mark

Signed sealed and declared by the said testator John Trickett as and for his last will and testament in our presence.

Richard Burden
George Vaughan

Spout Cove, 22nd February, 1849.

Whereas I have reconsidered that part of my will made the 2nd day of January in the present year 1849 touching the immediate disposal of my stock in trade remaining at my decease, which part I hereby revoke and annual, and I do further declare by this codicil that my will and desire is and I hereby order and direct that at my decease an inventory shall be taken of my stock in trade, then remaining after which the said goods are to be delivered over to my son John to be by him disposed of on the best possible terms, and the proceeds thereof to be handed over to my executors to be applied as my will directs. It is also my desire that in the realizing of my e...... Is to be sacrificed. Joh.....

Done in our presenc..... rd............ George Vaughan..

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