Transcribed by Judy Benson & Ivy Benoit. While we have endeavored to be as correct as humanly possible, there could be
some typographical errors
Newfoundland will books volume 1 pages 53 to 57 probate year 1828-1830.
Will of Elizabeth Codner|
In re: ELIZABETH CODNER. DECEASED.
This is the last will and testament of me Elizabeth Codner of Dartmouth in the County of Devon Widow Whereas my son in law William Carthin Ford is indebted to me in the sum of Five hundred pounds now I do hereby absolutely give and bequeath unto him the same sum and all interest which may be due for the same at my death and do hereby release and discharge him from the same principal debt and interest
I give and bequeath unto my son Daniel Codner the sum of Five hundred pounds of lawful money of Great Britain and Ireland English currency for his own use payable to him within one calendar month after my death I give and devise unto the said Daniel Codner all my right estate and interest in and to certain cellars and buildings situate at Shaldon in the Parish of Saint Nicholas in the County of Devon now occupied by Nicholas Wilkings and others To Hold the same unto the said Daniel Codner his executors administrators and assigns for his and their own use and benefit I give devise and bequeath all my real and personal estates of what kind soever of in or to which I am or any person or persons in trust for me is or are or shall or may be entitled at the time of my death except such parts thereof as I have hereinbefore given and disposed of unto my said son Daniel Codner to hold receive and take the same unto the said Daniel Codner his heirs executors administrators and assigns according to the nature and quality thereof respectively upon the trusts and for the purposes and subject to the declarations hereinafter mentioned concerning the same that is to say Upon Trust that he and and they do and shall within one year next after my death ascertain and estimate the value of all such parts of my said personal estate as shall not consist of money or Government securities stocks or funds or mortgages upon real estates and the value of my said real estate And it is my will and I do hereby direct that such estimates or values as aforesaid shall be made by two competent persons one to be nominated by the said Daniel Codner and the other by my daughter Elizabeth the wife of the said William Carthin Ford and in case such two nominees should disagree then such estimates and values shall be made by an umpire of their appointment and the award or umpirage of the said nominees or umpire shall be conclusive when and as soon as such estimates and values shall be ascertained by the means aforesaid the said Daniel Codner his heirs executors and administrators shall have hold receive and take all the said property real and personal so to be estimated as aforesaid subject to the payment of one full moiety or half part of such estimates or values to or in trust for my said daughter Elizabeth and her children and for the benefit of the other persons hereinafter mentioned in the manner hereinafter expressed concerning the same and I do hereby expressly direct and will that the said Daniel Codner his heirs executors and administrators shall pay and account for the said one full moiety of the estimates and values so to be ascertained as aforesaid or otherwise pay or account for one full moiety or half part of the said property so directed to be estimated as aforesaid agreeably to the rules of law and equity for the benefit of the said Elizabeth Ford and her children and other persons hereinafter named or referred to in the manner hereinafter expressed And as for and concerning the said one full moiety or half of the value of the said property so to be estimated and accounted for as aforesaid by him the said Daniel Codner I hereby declare it to by my will that he his executors and administrators shall within twelve months after my death lay out and invest the same in his and their own name and names upon competent real or Government securities and do and shall stand and be possessed of the same upon the trusts and for the intents and purposes hereinafter mentioned and declared of and concerning the same and as for and concerning the equal moiety or full half part of the monies government securities stocks or funds and mortgages of or to which I shall be possessed or entitled at the time of my death I hereby declare it to be my will that the said Daniel Codner his executors and administrators shall and do with all convenient dispatch after my death cause the said last mentioned moiety to be transferred unto him and them and effectually vested in him and them and in his and their name and names To the end that he and they may stand and be possessed of the same moiety upon the trusts and for the ends and purposes hereinafter mentioned concerning the same And I do hereby declare it to be my will that the said Daniel Codner his executors and administrators shall stand and be possessed of the said one full moiety of the value of the said property so to be paid and accounted for by him as aforesaid and the funds and securities in which the same shall be invested and the said one full moiety of the monies Governments securities stocks or funds and mortgages to which I may be entitled at my death hereinbefore directed to be transferred unto and vested in him as aforesaid upon trust from time to time to alter vary and transpose the said trust monies so to be laid out and invested as aforesaid for into or upon other stocks funds and securities of the like nature at his or their discretion and to pay the interest and dividends of the said stocks funds and securities unto such person or persons only and for such intents and purposes only as my said daughter Elizabeth Ford by any writing or writings under her hand from time to time shall direct or appoint notwithstanding her present or any future coverture she may be under and in default of such direction or appointment and in the meantime until she shall make any such direction or appointment to pay the same or so much whereof she shall or may from time to time happen to make no such appointment into the proper hands of my said daughter exclusively of her present or any future husband who is not to intermeddle therewith nor is the same or any part thereof to be subject to any such husbandís controul debts or engagements and the receipts of my said dauther or of her appointees shall be notwithstanding her present or any future coverture under which she may be sufficient and effetual discharger for the same or so much thereof as in such receipts shall be expressed to be received and from and immediately after the decease of my said daughter Upon Trust to pay and transfer all such principal monies stocks funds and securities as last aforesaid unto all and every the children of the body of my said daughter already born and lawfully to be begotten equally to be divided between or among them share and share alike if there shall be more than one and if there shall be but one such child the whole to be paid and transferred to such one child the share or shares of such of them as shall be a daughter or daughters to become vested in her or them respectively on her or their attaining her or their age or respective ages of twenty one years or on the day or respective days of her or their marriage which shall first happen and the share and shares of such of them as shall be a son or sons to become vested in him or them respectively on his or their attaining his or their age or respective ages of twenty one years and to be paid and transferred at such age or ages time or times as aforesaid to such of the said daughters or sons as shall arrive at or attain the same after the death of my said daughter but as to such of them as shall arrive at or attain the same age or ages time or times as aforesaid in the lifetime of my said daughter the payment and transfer of his her or their share or shares to be postponded till after her decease provided and I do hereby declare my will to be that if any such child or children being a son or sons shall depart this life before he or they shall attain his or their respective ages of twenty one years or being a daughter or daughters shall happen to die before she or they shall attain her or their age or respective ages of twenty one years or be married then the share or shares of him her or them so dying shall go and accrue to the survivors or survivor or others or other of such children and be equally divided amongst them if more than one share and share alike and the same shall become vested and payable or transferable at such ages days and times as his her and their original portion and portions are hereby directed to become vested and payable or transferable as aforesaid and in case of the death of any other of the said children of my said daughter before such accruing or surviving share or shares shall become vested as aforesaid then every such accruing or surviving part or share shall again be subject to such right chance or contingency or condition of accruage to and amonst the survivors or survivor and others or other of the said children so hereinbefore is provided touching the said original portion or portions and upon further trust after the decease of my said daughter to pay and apply the dividends or interest of the share or shares of such of the said children as shall not have acquired a vested interest in the portion or portions hereinbefore provided or intended for him her or them respectively for and towards his her or their maintenance and education respectively until the same respectively shall become payable provided that if there shall be no child of the body of my said daughter living at her death or there being one or more child or children and such of them shall be a son or sons shall happen to die before he or they shall attain the age of twenty one years and such of them as shall be a daughter or daughters shall happen to die before she or they shall attain her or their age or respective ages of twenty one years or be married then and in such case it is my will that the said Daniel Codner his executors and administrators shall hold possess and enjoy the said last mentioned principal monies stocks funds or securities absolutely for his and their own use and benefit And as to for and concerning the other and remaining moiety or full half of the said monies government securities stocks or funds and mortgages of or to which I shall be possessed or entitled at the time of my death I give and bequeath the same and every part thereof unto the said Daniel Codner his executors and administrators for his and their own absolute use and benefit
And I do nominate and appoint the said Daniel Codner sole executor of this my last will and testament hereby revoking all antecedent wills made and published by me and I declare it to be my will that the payment of my debts and funeral and testamentary expenses shall precede all the beneficial provisions hereby made for my said daughter and son And it is my will that my said son Daniel Codner his executors and administrators shall not be answerable for the deficiency or insufficiency of the securities in which the said trust monies hereinbefore provided for the benefit of my said daughter and her children as aforesaid shall from time to time be invested nor for any involuntary losses and that he and they shall be allowed and retain for and reimburse himself and themselves out of the said trust monies last mentioned all his and their costs charges damages and expenses to be occasioned by the due execution of the trusts hereby in him and them reposed All the rest residue and remainder of my real and personal estates not hereinbefore given or concerning which I have declared no trust I give devise and bequeath unto the said Daniel Codner to hold the same unto the said Daniel Codner his heirs executors and administrators for his and their own absolute use and benefit
In witness whereof I the above named testatrix Elizabeth Codner have to this sheet and the three preceding sheets of paper containing my last will and testament the erasements and intelineations being first made and written set my hand and seal in manner following that is to say my hand only to the three first sheets and my hand and seal to this fourth and last sheet this ninth day of June in the year of our Lord one thousand eight hundred and twenty three Elizabeth Codner X her mark [LS]
The writing contained in this sheet and the three preceding sheets of paper the erasements and interlineations being first made and written was signed sealed published and declared by the above named testatrix Elizabeth Codner as and for her last will and testament in the presence of us who in her presence and at her request have subscribed our names as witnesses
Jno Drew Fanny Rendell Mary Drew
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