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 507 to 510 probate year 1905
|Will of Richard P. Rice|
Richard P. Last will of
I Richard P. Rice of Twillingate in the Northern District of the Island of Newfoundland (retired Stipendiary Magistrate) considering the uncertainty of this mortal life and being sound of mind and memory do make and publish this my last will and testament hereby revoking all other wills by me at any time heretofore made.
First I give devise and bequeath to my sons Robert P. Rice and Frederick L. Rice equally in trust for the benefit and support of my daughter, Elizabeth Jane Rice as long as she lives all and singular that piece or portion of land situate on the south side of Twillingate aforesaid commencing at the cross roads at the northern end of the congregational church ground and continuing along by the rink road to about twenty feet beyond the (Front) or cowgate thence across to the fence which divides Hughes’ ground from mine thence to the corner of the northern land where it meets the main road leading to the long bridge and thence to the point of commencement (it being a portion of the Richmond Villa property) to remain to the said Robert P. Rice and Frederick L. Rice during the life of my said daughter Elizabeth Jane Rice and at her death the said property (or portion of land) shall fall to my said sons Frederick L. Rice and Robert P. Rice, to remain to them (for their joint and equal benefit) during their natural lives and at their deaths to the oldest surviving child of each or to whomsoever they may devise the same to, together with all erections and improvements thereon. I also give devise and bequeath to my said sons Robert P. Rice and Frederick L. Rice for the benefit and support of my said daughter Elizabeth Jane Rice all and singular my premises situate at Tickle Point North side of Twillingate together with all and everything on and appertaining to the same viz. dwelling house, shop, stores, lobster factory and all implements of trade &c. The rent or income arising from the same is also that of the premises on the south side previously disposed of in this will together with all erections and improvements thereon shall be answerable if necessary for the support and benefit of my said daughter Elizabeth Jane to the extent of fifty dollars per annum if required that being the full amount of allowance to my said daughter for one year. The said amount for my said daughter may be obtained and taken from either the rents of certain of the property or from the sale of certain parts of the estate either moveable or otherwise. All my household furniture all books and papers and all my personal property whatsoever I give and bequeath to my said son Robert P. Rice and his heirs for ever. All my agricultural implements viz. plough, cart wheels etc. also all blacksmiths tools and carpenters tools my carriage horse harnesses and all animals and moveable property whatsoever on and belonging to the said premises I give equally to my said sons Frederick L. Rice and Robert P. Rice subject to the before mentioned conditions. In case of either of my said sons dying without issue his share shall go to the surviving brother and his heirs All the above however subject to the conditions and reservations as may be hereinafter specified and set forth. If my said sons shall support my said daughter Elizabeth Jane and shall provide her with all necessary food and clothing and lodging that shall be considered as payment of the annuity in full notwithstanding anything to the contrary herein contained
It is my wish that my daughter Janet Ann Sophia shall until she is married or has a home of her own elsewhere have free access to my dwelling house on the south side of Twillingate and shall be at liberty to make it her home as long as she may wish to do so provided that it is not rented and occupied by an outsider at the time.
All my land at (Burnt Bay or) Lewis port and on the south side of Twillingate and also Davis Cove as well as all the rest residue and remainder of my estate of what kind and sort soever and wheresoever situated and not hereinbefore otherwise disposed of after payments of my debts (if any) and funeral expenses I give devise and bequeath to my sons Frederick L. Rice and Robert P. Rice in trust to be used as required for the support of my said daughter Elizabeth Jane during her lifetime and at her death to my said sons and their heirs for ever.
I do hereby nominate and appoint as executors of this my last will and testament my before mentioned sons Frederick L. Rice and Robert P. Rice and my daughter Janet A.S. Rice
In witness whereof I have hereunto set my hand and seal at Twillingate this 7th day of September in the year of our Lord one thousand nine hundred and three (1903)
Richard P. Rice (LS)
Whereas I Richard P. Rice of Twillingate have made my last will and testament in writing bearing date one thousand nine hundred and three (1903) and having thereby given and bequeathed to my son Robert P. Rice and his heirs for ever all my personal property all household furniture all my books & papers &c. I now cancel that section and give the whole of the said personal property household furniture and all books and papers etc. to my sons Robert P. Rice and Frederick L. Rice jointly and in equal proportions 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 and seal this 16th day of December one thousand nine hundred and four (1904)
Richard P. Rice (LS)
I certify the foregoing to be a correct copy of the last will of Richard P. Rice with one codicil thereto
D. M. Browning
(Listed in the Margin next to this will the following)
Fredk. L. Rice