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 3 pages 334 to 336 probate year 1874
|Will of Joseph Fraize|
In re JOSEPH FRAIZE: DECEASED.In the name of God Amen. I Joseph Fraize of the Town of Carbonear south side in the Island of Newfoundland being sick and weak of body, but of perfectly sound mind and memory, do hereby make and ordain this my last will and testament that is to say touching such worldly estate wherewith it has pleased God to bless me in this life I give devise and dispose of the same in the following manner and form:
First I give and bequeath to Louisa my dearly beloved wife as long as she remains a widow all and singular my lands tenements and outbuildings with all the stock and property thereon together with all my household goods debts and moveable effects with this proviso that my sons may reside with her and enjoy the produce of the land on condition that they pay her the sum of eight pounds currency pr annum.
Secondly In the event of my wife Louisa Marrying again, or at her decease, I give and bequeath my property in the following manner To my eldest son Robert Pack Fraize I give the house in which I live with the ground surrounding it extending on the east to the cellar and cabbage garden by the house formerly occupied by my father, together with the piece of ground which I purchased from George Pike and the piece formerly owned by John Hogan and also the ground purchased from John Thistle of Thomas together with one third of the live stock which may be possessed at the time of dividing the land. I also give to him my bedstead bed and bedding on which I sleep also the pit saw in my possession with the understanding that my other two sons may have the use of it when they need it, also my large family Bible, two volumes of Benson*s Commentary and one third of all my other books. To my second son Thomas Fraize I give and bequeath the dwelling house willed to me by my father, together with the cabbage garden and cellar adjoining. The plot of land I bought from Jasper Sooley with one third of the live stock on the property at the time of its being divided and also the bedstead bed and bedding on which he now sleeps, two volumes of Benson*s Commentary and one third of all my other books. To my youngest son John Apsey Fraize I give and bequeath that piece of land which lies about two hundred yards to the westward of Harbour Grace Road which was willed to me by my father, also one third of the live stock on the property at the time of division, my old family Bible, one volume of Benson*s Commentary and Newtons Dissertations on the Prophecies and De Aubignes History of the Reformation and also one third of all my other books, also the bed bedstead and bedding at present devoted to his use in my possession.
I also charge my two eldest sons to aid and assist him in building and furnishing a dwelling house for himself if he needs it, and if they neglect or refuse to fulfill my injunction in this respect the clauses in this will in their favour shall be considered null and void and they shall forfeit all right to their share of my property I also will and bequeath my land inside of Carbonear to my three sons jointly, to be equally divided between the three the dividing lines to run from north to south and vice versa
I also give and bequeath to my wife Louisa all the moneys, bonds, securities and stocks of which I am possessed and enjoyed. I also give here all my right title and interest in the schooner Ostrich with all the profit derived from her The carpenters tools at present in my possession I divide equally between my three sons. And I do hereby appoint Mr. Moses Pike and Mr. John Thistle both at present residing in Carbonear to be the executors of this my last will and testament. And I do hereby utterly disallow and revoke all and every other former testaments wills or bequests, ratifying and confirming this and no other to be my last will and testament. In witness whereof I have hereunto set my hand and seal this 18th day of February in the year of our Lord one thousand eight hundred and seventy one.
Joseph his X mark Fraize. Signed published and declared by said Joseph Fraize as his last will and testament in our presence who in his presence and in the presence of each other have hereunto subscribed our names. John Pike X, John Thistle X their marks.
1. I give and bequeath to my youngest son John Apsey Fraize the house and land assigned me by my brother John That is in the event of my brother John or his heirs not coming to claim the said property according to agreement at present existing between us. If they come to claim it then this clause to be null and void. I also leave him my watch my bridle and saddle gig and harness a pair of small cart wheels and my large chest. Signed by me this 11 day of March 1871. Joseph Fraize X his mark. Signed by Joseph Fraize in our presence who in his presence and the presence of each other have hereunto subscribed our names,
John Pike, X, John Thistle X, their marks.
1. Considering the proviso or condition imposed upon my children in clause first of my will requiring them to pay to their mother the sum of eight pounds pr year as being rather too hard considering that my wife will be possessed of sufficient for her support in the amt accruing to her each year by interest on monies invested &c I do hereby declare null and void the above mentioned obligation or bond.
2. In the event of my beloved wife Louisa being unkindly treated by my eldest son Robert or by a daughter in law or any person residing with them she may remove and reside with another son or act as may suit herself best and she shall be at liberty to take with her 6 of the best chairs 2 of the best tables a chest and trunk and her bed and bedding and at her death she may dispose of the above mentioned articles as she may think fit.
3. The property willed to my wife and sons in the foregoing will shall never be sold out of the family or out of the name of Fraize. In witness of the above codicils which I have added to my last will and testament I do hereunto set my hand and seal this 20th of March in the year of our Lord one thousand eight hundred and seventy three.
Joseph his X mark Fraize. Signed by Joseph Fraize in our presence who in his presence and that of each other have hereunto subscribed our names, John X Thistle. A. J. Crocker.
D. M. Browning