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 245-246 probate year 1872
|Will of Stephen Peters|
In re STEPHEN PETERS: DECEASED.This is the last will and testament of me Stephen Peters of Harbor Grace in the Island of Newfoundland Carpenter I will that all my just debts and funeral and testamentary expenses be paid by my executors out of my personal property I give devise and bequeath unto my executors hereinafter named their heirs and assigns of such survivor all that piece and parcel of land dwelling house and premises situate in Harbor Grace aforesaid and bounded on the East by Cochrane Street West by Knights lane north by Lampens Road South by house and land of Susannah Peters, with the appurtenances thereunto belonging and the rent issues and profits thereof, for ever Upon Trust nevertheless to have hold possess take receive and enjoy the same to and for the trusts and purposes hereinafter expressed: that is to say, to have hold possess take receive and enjoy the same to and for the sole and absolute use benefit and behoof of my daughters Elizabeth and Isabella respectively aged twelve and fourteen years, until they respectively attain the age of twenty one years when the same shall become vested in them and their heirs and assigns for ever share and share alike as tenants in common and not as joint tenants and free from the control of any husbands which they or either of them may marry If either one of my said daughters should die before attaining the age of twenty one years the other surviving is to have her deceased sister’s share If both should die before attaining the age of twenty one years the property shall go to my next of kin. If one of my said daughters being married should die leaving no issue or children lawfully begotten her share shall become the property of the other surviving sister If both being married should die without issue or children lawfully begotten the property shall become the property of my next of kin share and share alike. And I expressly and distinctly enjoin require and declare that the said property or any part or share thereof shall not be sold out of or from my family and this devise is upon this express condition which I direct shall be fully and faithfully observed and obeyed. And I hereby appoint my friends Charles W. Ross and Andrew Rutherford both of Harbor Grace aforesaid Merchants executors of this my last will and testament and I hereby revoke disannul and make void all former and other wills testaments or codicils or writings testamentary or intended to be so, ever made by me and I solemnly declare this present writing under my hand and seal as my last and sole will and testament. In witness whereof I have hereunto my hand and seal subscribed and set this fourth day of October Anno Domini one thousand eight hundred and seventy two.
Stephen Peters (LS) Signed sealed published and declared by the said testator as and for his last and sole will and testament in the presence of us who in his presence and in the presence of each other and at his request have hereunto subscribed and set our names as witnesses the words “north by Lampens road” on line 13 page first, first duly interlined. The words “sisters” on lines 21 and 28 first page, stricken out and the words “daughters” written there over The words “sister” on lines 1 and 5 second page stricken out and the word “daughters” written there over The letter “W” on line 17 second page substituted for letter “H”,
Michael Hartery, John Strathie.
D. M. Browning