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 2 pages 133-134 probate year 1853
|Will of Wiliam Cunningham|
William Cunningham deceased.
This is the last will and testament of me William Cunningham of Harbour Grace in the Island of Newfoundland Master Mariner. In the first place I give and bequeath all and singular the household furniture, plate, linen, books and all other goods and chattels or personal property whatever which I shall or may die possessed of or entitled to and not hereinafter particularly mentioned or disposed of and all book debts or sums of money of every nature and kind whatsoever which shall be due and owing to me at the time of my death together with one hundred and fifty pounds currency now in the Savings Bank at Saint John’s Newfoundland, to my dear wife Maria Cunningham to and for her own proper and absolute use benefit and disposal I also give and devise to my said dear wife for and during her natural life or as long as she shall remain a widow. All that estate consisting of a Farm house, outhouses, lands and premises with the appurtenance as situated in the County of Cumberland in the Parish of Devonby in England and known by the name of ‘Row Back’ Also a public Inn with a garden attached situate at Harrowthwaite in the Parish of Saint Bees in the County of Cumberland England and now or late in the occupancy of John Smith and a dwelling house and garden recently occupied by my father the late James Cunningham situated at Harrowthwaite in the parish of Saint Bees aforesaid in the said County of Cumberland all of which real estate lands houses and premises I am entitled to under and by virtue of the last will and testament of my deceased father the said James Cunningham late of Harrowthwaite in the parish of Saint Bees in the County of Cumberland aforesaid who departed this life on or about the seventh October one thousand eight hundred and forty nine.
And my further will and desire is that my said wife shall not sell mortgage will or otherwise incumber or dispose of the said estate lands houses outhouses and premises or any part thereof but at her death or second or future marriage the same and every part and parcel thereof shall with the appurtenances revert belong to and become the property of my daughter Mary Elizabeth Cunningham and her issue lawfully begotten but should it so happen that my said daughter should die without lawful issue then and in that case the whole of the said real estate, lands, houses, outhouses, and premises shall revert to and become the property of my sister Thomasina Cunningham of Harrowthwaite in Cumberland aforesaid Spinster and her heirs.
I give and bequeath to my sister Mary Carson wife of James Carson of Whitehaven in England Cartwright, and her heirs, the sum of one hundred pounds sterling out of the money I have in the Savings Bank at Whitehaven aforesaid.
And all other lands and tenements, monies, debts, goods and chattels and all other property of every nature and kind whatsoever which I shall or may hereafter become possessed of or entitled to or over which I shall or may have a disposing power at the time of my death and not hereinbefore disposed of I give devise and bequeath to my said dear wife for and during her natural life or as long as she shall remain a widow And at her death or future marriage the same shall become the property of my daughter Mary Elizabeth Cunningham and her heirs for ever. And lastly I do nominate and appoint my said dear wife sole executrix of this my will.
In witness whereof I the said William Cunningham to this my last will and testament have set my hand and seal at Harbor Grace in the Island of Newfoundland this ninth day of July in the year of our Lord one thousand eight hundred and fifty.
William Cunningham (LS)
Signed sealed published and declared by the said testator as and for his last will and testament in the presence of us who in his presence and in the presence of each other at his request have subscribed our names as witnesses hereto.
Nathaniel Jillard. John P. Jillard, Alfred Mayne.
Codocil First to this my last will and testament by which I give and bequeath to my daughter Mary Elizabeth Cunningham aforesaid all the moneys deposited in Hartley’s Bank in Whitehaven in England and now amounting to about the sum of fifty pounds sterling also the residue of the moneys that may be left in the Savings Bank at Whitehaven in England after the payment of the one hundred pounds which is bequeathed to my sister Mary Carson or all the moneys that may be left in the aforesaid Banks at the time of my decease to have and to hold solely and for the use of my daughter the aforesaid Mary Elizabeth Cunningham also my gold watch and gold guard which is now in my possession
In witness whereof I the aforesaid William Cunningham hath set my hand and seal at Harbor Grace in Newfoundland this twenty fifth day of May one thousand eight hundred and fifty one.
William Cunningham (LS)
Signed sealed in the presence of us who in presence of each other and at the testator’s request have subscribed our names as witness hereto,
Archd Munn, Duncan Munn.
D. M. Browning