NL GENWEB

Transcribed by Judy Benson & Ivy Benoit. While we have endeavored to be as correct as humanly possible, there could be some typographical errors

 


 
Will of Martin Smart from Newfoundland will books volume 4 pages 375 to 377 probate year 1885

In re
Martin Smart deceased.

This is the last will and testament of me Martin Smart of the town of Harbour Grace in the Island of Newfoundland Master Mariner.     I give devise and bequeath to my beloved wife Catherine Smart during the term of her natural life My dwelling house with all furniture outhouses and all other property that I now possess.     I also leave my two watches and gold ring to my beloved wife Catherine Smart for the term of her natural life.     After the death of my beloved wife Catherine Smart my silver watch descends to Michael Smart son of James Smart My gold watch and chain descends to Mary Ann Smart daughter of James Smart.     It is my request that one suit of my best clothes will be kept by Mrs. Smart during her natural life it shall then descend to Michael Smart son of James Smart

  • I leave and bequeath to Mary Ann Smart daughter of James Smart one feather bed.
  • I leave and bequeath to Michael Smart son of James Smart one feather bed.
  • I leave and bequeath to John Smart one suit of my clothes.
  • I leave and bequeath to William Smart one suit of my clothes.
  • I leave and bequeath to Martin Smart son of William Smart one feather bed.
  • I leave and bequeath to Patrick McGrath and his family the remainder of my clothes and one feather bed.
  • I leave and bequeath to John Green my black beaver top coat one pair black trousers my hat and one pair of boots
  • I leave and bequeath to my beloved wife Catherine Smart the sum of fifty pounds a year and every year for her support from money that is now in the Savings Bank until all is drawn.     The executors that will be named and appointed hereafter will see that the sum of fifty pounds shall be still paid to Mrs. Smart from money now in the Union Bank.     And if in the end should the monies not hold out. Then the Mahogany furniture must be sold for my beloved wife Catherine Smartís support and if that should be spent the dwelling house is to be sold and the money placed in the Union Bank and to be drawn by Mrs. Smart when due     After my beloved wifeís death whatever monies remain after the payment of four High Masses for myself and my beloved wife shall be given to Mary Ann Smart daughter of James Smart.     There is a head stone to be placed at the head of my grave to cost fifteen pounds with my name and age thereon.     Also a space to be left for the name and age of my beloved wife when she dies.     I am to be buried on the south side of my daughterís grave.     The expences attending my funeral will be paid by money at the time in my house.     And I nominate and appoint Mr. John Green, Mr. John Strapp and Mr. Charles L. Kennedy all of Harbor Grace to be executors of this my will.     And hereby revoking all former or other wills by me at any time made.     I the said Martin Smart do this which I declare to be my last will and testament.     as witness my hand this fifth day of December one thousand eight hundred and eighty three.     Martin Smart (LS)     Signed by the said testator as his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have subscribed our names as witnesses P.D. Knight, Wm.C. Fitzgerald.     The dwelling house is to kept insured in the sum of three hundred pounds (£300) Martin Smart.     Harbour Grace, December 5th 1883, witnesses, P.D. Knight, Wm. C. Fitzgerald.

    A codicil to my will.     I leave the dwelling house and land that I now occupy to Michael Smart of James as mentioned in my will as my heir and to his sister Mary Ann Smart.     Michael Smart of James is to be sole owner of two thirds of the aforesaid dwelling house and everything that I now possess after Mrs. Smartís death. and his sister Mary Ann Smart sole owner of one third of the aforesaid dwelling house according to valuation.     The property is to remain in my name during my wifeís Catherine Smartís natural life and it then descends to Michael Smart of James for ever House furniture and three beds with all outhouses and implements belonging.


    I leave no legacies to anyone except to Martin Smart of William when he becomes of age I leave one feather bed     Mr. Charles L. Kennedy James Callahan and John Green all of the town of Harbor Grace I appoint as the trustees of my small estate.     The aforesaid Trustees are to see that nothing is made away with or destroyed during my wifeís Catherine Smartís natural life.     After my wife Catherine Smartís death the said Trustees are still to hold it in charge and deliver it up to my heir Michael Smart of James.     The dwelling house is to be kept constantly insured in the Queen Insurance Office premium to be paid from Savings Bank by Mr. Andrew T. Drysdale or whoever is agent for the above named insurance office.     I leave my wife Catherine Smart fifty pounds already mentioned in my will to bear the expences of her housekeeping during her natural life.     The above mentioned sum fifty pounds will be paid in the sum of twelve pounds ten shillings each quarter by Mr. John Paterson of the firm of Paterson and Foster Merchants, Harbor Grace Nfld my wife Catherine Smart shall also receive yearly from the before mentioned Mr. John Paterson Seven tons coal.     At the end of each and every year a cheque shall be drawn in favor of Mr. John Paterson signed by my wife Catherine Smart and one of the trustees to satisfy the above mentioned     The coals are to be good and delivered in the month of July in each year     Any Bills contracted during my life or after my death are valueless and until it descends to my heir Michl Smart of James     My wife Catherine Smart is to have no control with Banks or Bank Books.     The Bank Books will be given to and kept by His Lordship the Most Revd Doctor MacDonald Bishop of Harbor Grace. The Bank Books are not to be meddled with but once in each year the first second or third of May and only then to have the interest arranged-     I the said Martin Smart do this which I declare to be my last will and testament.     As witness my hand this twenty sixth day of March one thousand eight hundred and eighty four. Martin his X mk Smart (LS)     Signed by the said testator as his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have subscribed our names as witnesses, P.D. Knight, Wm. C. Fitzgerald.

    Certified correct,
    D. M. Browning
    Registrar


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