In re: JOSEPH MANUEL. DECEASED.
I Joseph Manuel of Catalina, Trinity Bay, Newfoundland, Planter, being in a bad state of health but of sound mind consider it prudent to make this my last will and testament for the disposal of my landed and other property and money which I now do in manner and form following:
First, my property such as houses, lands, stage, flakes &c. indeed all (excepting the money which I shall hereinafter speak of) is to be my wife Maria Manuel’s for and during her life and should my sons with her consent occupy the stage and flakes they are to pay her rent, fifty shillings each per year for the same, and after her decease subject to the conditions I have hereinafter stated all the above mentioned houses, gardens, meadows, stage, flakes &c. are to be divided equally between my three sons to be theirs, their executors, administrators and assigns for ever.
Secondly, the money lying in Messrs. Slade’s hands and in the Government Funds of this country is to remain at interest for three years from the date of my death, and my wife to receive the interest of it for her own sole use and purpose.
Thirdly, Whatever other sums of money there may be in the house at Messrs, McBride’s in St. John’s or elsewhere over and above the sum of about (£700) seven hundred pounds spoken of below I wish it to become my wife’s for her own proper use and purpose for ever.
Fourthly, Immediately after the three years mentioned above are expired I desire and wish the three hundred pounds in the Government Funds, subject to the conditions I have hereinafter stated to be divided equally between my three sons John, George and Joseph to be theirs their executors administrators and assigns for ever. But if either of my sons George or Joseph, or both, should die previous to the expiration of the three years mentioned above, the portion allotted for him or them shall be allotted to my wife Maria Manuel. And the sum about Four hundred pounds in Messrs. Slade’s hands at expiration of said three years, and subject to the conditions I have hereinafter stated, to be divided between my wife Maria Manuel, and my daughters Mary Ann, Ellen, Priscilla and Sarah, in such a manner that each of my said daughters shall receive Fifty pounds each, and my wife the remainder of the said sum of about Four hundred pounds above mentioned to be their, their executors administrators and assigns for ever.
Fifthly, Should either of my sons George or Joseph die before the execution of this will or any part thereof or before the three years mentioned in it are expired, and subject to the conditions I have hereinafter stated leaving no wife or child, then the portion of my property allotted for him or them I desire and wish to be divided equally between the other sons or son to be theirs or his their or his executors administrators and assigns for ever. And likewise should either of my daughters Priscilla or Sarah die before the execution of this will or any part thereof or before the three years mentioned in it are expired and before either of them are married then their or her portion allotted to them or her is to be allotted to my wife Maria Manuel. My intention is, not to exclude the children or wife of a son who has been married from receiving the portion allotted or him; but that should a son or sons die who never married and before the execution of this will or before the three years mentioned are expired then this or their portion to fall back to my wife Maria Manuel and likewise not to exclude the child or children or husband of a daughter from receiving her portion, but that should a daughter or daughters die who never married and before the expiration of the three years. Then her portion to fall back to my wife Maria Manuel.
Further, I desire and wish that in dividing the room after my wife’s death the dwelling house I occupied is to be allotted to my son Joseph in his portion of the room; and the house occupied by my son John is to be allotted to him in his portion of the room; and should George build a house on his portion I would recommend John and Joseph to assist him about it if required. Should either of my sons John or Joseph die before my wife and having no wife or child then the portion of my room allotted to them or him is to fall to the other sons or son to be their or his, their or his executors, administrators and assigns for ever. Should Joseph die before my wife’s death and leaving no wife or child, George is to have my dwelling house in his portion of Joseph’s part to be divided. I exhort them all to remain in peace and friendship with each other and I hereby appoint my sons John and Joseph my executors for the purpose of having my wishes and intentions carried out.
Given under my hand this fifth day of March and in the year of our Lord one thousand eight hundred and fifty eight at Catalina Newfoundland.
Joseph his X mark Manuel.
Witnesses to this his last will and testament, William Netten. Robt Bremner.
We hereby certify that the words "theirs or his" were interlined between the 33rd and 34th lines on the 2nd page of this will when it was signed.
William Netten, Robert Bremner.
D. M. Browning