NL GENWEB

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

Newfoundland will books volume 12 pages 498 to 502 probate year 1923

Will of Thomas Cull

In re: THOMAS CULL. DECEASED.

I, Thomas Cull of Caplin Cove, in the Electoral District of Bay de Verde, Fisherman, declare this to be my last Will and testament.

  1. 1. I devise and bequeath to my son, Walter Cull, the fish store and the flake attached thereto and the small flake to the East of the said store and such room as he needs to the East of the store aforesaid to build flakes upon, together with the land upon which such store and flakes are built, all situate at Caplin Cove aforesaid.

  2. 2. I devise and bequeath to my son, Eli Cull, the flake to the West of the flake already bequeathed to my son Walter and attached thereto, from the main path westward, and the garden in which the flake is built, to be used by him in any manner suited to his needs.

  3. 3. I devise and bequeath to my son, Llewelyn Cull, all my flakes on the North side of the Brook at Caplin Cove, and the fish store and all connected therewith.

  4. 4. I devise and bequeath to my sons, Walter Cull and Eli Cull my big stage at Caplin Cave aforesaid, to be equally divided between them if necessary, for their sole use and benefit.

  5. 5. I devise and bequeath to my son, Llewelyn Cull, my fish store by the brook, at Caplin Cove aforesaid, and also the Liver Factory, situate at Caplin Cove, aforesaid, for his sole use and benefit.

  6. 6. I devise and bequeath to my three sons, Walter Cull, Eli Cull and Llewelyn Cull, my outside fish stage and wharf, and the spare Beach connected therewith, to build upon, for their sole use and benefit to be equally divided amongst the three sons aforesaid.

  7. 7. To my three sons, Walter Cull, Eli Cull and Llewelyn Cull, I devise and bequeath all my codtraps and all gear connected therewith for fishery purposes to be equally divided amongst them, if necessary for their own sole use and benefit.

  8. 8. I devise and bequeath to my three sons, Walter Cull, Eli Cull and Llewelyn Cull my schooner, "Mary Cashin" to be owned jointly and equally by them, for their use and benefit; and I also direct that my son, Walter Cull, act as master of the said vessel, if satisfactory.

  9. 9. I devise and bequeath to my son Walter Cull, the new house, in course of erection for him, together with the land upon which the said house is erected; and also the lower part of the meadow extending westward and downward from the said dwelling house.

  10. 10. I bequeath to my son Walter Cull, the small garden, known by the family as George Garlandís garden, upon which to erect a barn, or for any other such like purpose, with a right of way to said garden from the main road, not less than fourteen feet wide if necessary.

  11. 11. I bequeath to my son, Eli Cull, the garden known as the "Little Meadow" with the land adjoining, extending to the cliff.

  12. 12. I devise and bequeath to my son, Llewelyn Cull all my cultivated land not elsewhere in this will disposed of, and all uncultivated land connected therewith, together with my dwelling house, shop, store, barn, horse, carriage, sleigh and outhouses for his use and benefit and for the support of his mother, my wife, Louisa Cull, as long as she lives. Should she marry again, she shall forfeit all claims to the said property. I make this bequest, with the distinct understanding that my said wife, Louisa Cull, shall have and enjoy all the use and benefits of the said property as at my decease existing, as long as she remains a widow.

  13. 13. I bequeath to my sons Walter Cull and Llewelyn Cull the piece of land known as the "Sheepfold" to be equally divided between them if necessary.

  14. 14. I bequeath to my son Eli Cull, a piece of land in by the main brook at Caplin Cove aforesaid, for his sole use and benefit.

  15. 15. I direct and desire that my son Eli Cull shall live in my said dwelling house, with my son Llewelyn Cull and his mother, Louisa Cull, as already provided in this my will, and enjoy the privileges as at present existing, as long as he remains single, or until he gets a home for himself.

  16. 16. I will that my daughter, Florence May Bursey, of Caplin Cove, live with her mother, Louisa Cull, in my said dwelling house at Caplin Cove.

  17. 17. I bequeath to my daughter, Florence May Bursey, the Insurance Policy carried on her life by the Confederation Life Association, when the said Policy becomes due, the premiums upon which I have paid, the amount of the said Policy being One thousand dollars.

  18. 18. I give and bequeath to my wife Louisa Cull Seven Hundred Dollars in gold for her sole use and benefit.

  19. 19. I also bequeath to my said wife Louisa Cull, the Insurance Policy carried on my life by the Mutual Life Insurance Company, to the amount of One thousand dollars.

  20. 20. I will and bequeath to my son, Walter Cull, the Insurance Policy of Two thousand dollars, carried on his life, with the premiums paid thereon.

  21. 21. I will and bequeath to my son, Eli Cull, the Insurance Policy carried on his life, of Two thousand dollars, with the premiums paid thereon.

  22. 22. I will and bequeath that the Policy on the life of my son, Llewelyn Cull, for two thousand dollars, shall, in the event of its becoming due through the death of my said son Llewelyn Cull, be paid as at present provided for in the said Policy, to my said wife Louisa Cull. Should my said son Llewelyn Cull, become of age before the said Policy becomes due through death or otherwise, the said Policy and premiums paid thereon, shall be paid to my said son Llewelyn Cull.

  23. 23. I constitute and appoint A. Vatcher, of Broad cove, in the Electoral District of Bay de Verde, Stipendiary Magistrate, to be the Executor of this my last will and testament.

In witness whereof I have hereunto set my hand this 14th day of June A.D. 1922. THOMAS CULL.

Signed by the above named Thomas Cull as and for his last Will and Testament in the joint presence of himself and us who at his request and in such joint presence have hereunto subscribed our names as witnesses.

Harrison Bryant.

George A. Pittman.

Whereas I, Thomas Cull, did on the fourteenth day of June, 1922, make my last will and testament, I do now, by this writing, add this codicil to my said will, to be taken as a part thereof.

Whereas, I have invested with the Firm of Bowring Brothers Ltd., of St. Johnís, the sum of Four thousand dollars, bearing interest at the rate of five per cent per annum, I desire to make the following disposition of the same.

  1. 1. I give, devise and bequeath unto my wife, Louisa Cull, the sum of One thousand dollars.

  2. 2. I give and bequeath unto my daughter, Florence May Bursey, the sum of Three hundred dollars.

  3. 3. After the payment of my funeral, testamentary and other such expenses out of the residue of the said Four thousand dollars, I give, devise and bequeath the amount then remaining, in equal shares to my three sons, Walter Cull, Eli Cull and Llewelyn cull their heirs and assigns forever.

In witness whereof, I hereunto place my hand and seal, this 6th day of September, 1923. THOMAS CULL.

Signed, sealed, published and declared to us by the testator, Thomas Cull, as and for a codicil to be annexed to his last will and testament. And we, at his request, and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto at the date hereof.

Frank March.
Ron Vatcher.

CORRECT, William F. Lloyd Registrar of the Supreme Court of Newfoundland (Listed in the margin next to this will the following) Fiat Dec 27/23 Kent J. Probate granted to Andrew Vatcher. Dec 29/23 Estate sworn at $10.267.09

© Judy Benson, Ivy Benoit and NL GenWeb