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 7 pages 477 to 479 probate year 1905
|Will of Jacob Simms|
|In re the
Jacob Simms deceased.
I Jacob Simms of Harbor Breton Newfoundland being of sound mind and memory do make and publish this my last will and testament in manner and form following that is to say
1. It is my will that my funeral expenses together with all my just debts be first fully paid.
2. I give devise and bequeath to my son John Simms my gold ring and to my son Robert Simms my gold chain.
3. I give and bequeath to Conrad Fitzgerald Sen. Esq. Of St. Jacques M.D. the sum of forty dollars, to Revd. E Greenham the sum of ten dollars, and to the Church of England at Hr. Breton ten dollars.
4. All the rest and remainder of my monies I give devise and bequeath to all my sons and daughters in equal shares.
5. My bed and bedding stove and personal effects are to be sold by public auction and the proceeds divided equally among all my children
6. I appoint my said friend Conrad Fitzgerald Esq. Executor of this my will & testament and desire that he shall not be required to give any security for the performance of his duties.
In witness whereof I have hereunto set my hand at Harbor Breton this twenty-third day of September A.D. 1901. Jacob his X mark Simms
Signed published and declared by the above named Jacob Simms as his last will and testament who at his request in his presence and in each others presence have signed as witnesses of the same and we certify that he the said Jacob Simms made his mark thereto in our presence and that previously to so signing this said will was read over to him and that he understood perfectly well the contents thereof.
John Joseph Rose of Hr. Breton Ernest G. Greenham of Harbor Breton.
Whereas I Jacob Simms of Hr. Breton Newfoundland being of sound mind and memory have made my last will and testament in writing bearing the date twenty-third of September A.D. 1901 and have in Section 4 thereof “given devised and bequeathed all the rest and remainder of my monies remaining from Sections 1, 2 and 3 to all my sons and daughters in equal shares” now I do by this my writing which I hereby declare to be a codicil to my last will and testament to be taken as a part thereof, will and direct that my two sisters Sarah Jensen of Harbor Breton and Elizabeth Leander of English Harbor west Fortune Bay, and my brother Benjamin Simms of Harrington Hr. Labrador, together with my sons and daughters receive equal shares of the aforesaid monies mentioned in said section 4. also it is my will that should any of the legatees die before me, the said monies will be divided equally among the remainder. And lastly it is my desire that this my present codicil be annexed to and made a part of my last will and testament to all intents and purposes. In witness whereof I have hereunto set my hand this eighteenth day of November A.D. 1902
Jacob his X mark Simms.
The above instrument of one sheet was at the date thereof declared to us by the testator Jacob Simms to be a codicil to be annexed to his last will and testament and we at his request sign our names hereto as attesting witnesses of the same and we certify that the testator Jacob Simms made his mark in our presence and that previous to so doing this codicil was read over to him so that he understood clearly the contents thereof,
signed George Bartlett of Harbor Breton. Isaac Jensen of Harbor Breton.
I certify the foregoing to be a correct copy of the last will and codicil of Jacob Simms.
D. M. Browning
(Listed in the Margin next to this will the following)
April 11th 1905
on the 2nd day
of May A.D. 1905