Source:  Supreme Court of Newfoundland, July 2004

Five page document

Page one is a folio slip that identifies the document

1859

Estate of

Elizabeth Mary Burton Gill

late of

St. John’s C. D. Widow dec^d

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Probate to

John DeGrave Ryland &

Charles Thos Ryland Execs

named in the Will

22^nd Oct/59

======================

Estate under L 3000 Stg

Entd in PR

Vol 3 Page 405

Unknown initials

Page two

To the Honorable Francis Brady Chief Justice and The Honorable The Assistant Justices of the Supreme Court

The Petition of John D. Ryland and Charles T. Ryland of St. John’s Gentlemen humbly sheweth:

                                                            That on the twenty ninth day of May _______ last that Elizabeth Mary Burton Gill late of St. John’s widow departed this life having first made and published her last Will and Testament with Codicil thereto, and therein appointed Your Petitioners Executors thereof

                                                That the said Will and Codicil are now in the Office of the Chief Clerk and Registrar of the Supreme Court.

                                    That the said Testatrix died ?????? of real and Personal Estate in St. John’s of the probable value of Three Thousand pounds.

                                    Petitioners therefore pray Your Lordship to grant them Probate of

Page three

the said Will and Codicil.

And in duty bound will ever pray

                                                            John DeGrave Ryland LS

                                                            Charles Thomas Ryland  LS

                                                                        Supreme Court

St. John’s         John DeGrave Ryland of St. John’s Gentleman

    To wit          one of the ??????? Petitioners maketh oath and saith that the Contents of the above Petition are true to the best of the Deponents knowledge and belief.

Sworn before me at St. John’s

This 6^th day of October

Ad 1859

            Hy Thos. Wood

            Commr Affts                            John D Ryland

Page four

In the name of God Amen.  I Elizabeth Mary Burton Gill od Saint John’s Newfoundland Widow do make this my last Will and Testament.

First.  I give devise and bequeath all my real and personal property, lands, houses, tenements and effects that is to say All my undivided one third part or share of and in the lands tenements, Buildings, Goods, chattels, Securities monies and effects forming the Estate of my late dear Husband Nicholas Gill and all other my real and personal property  monies and effects wheresoever the same may be unto John De Grave Ryland, and Charles Ryland my Executors, hereinafter named their Executors,  Administrators, and assigns forever.  _____________

In Trust nevertheless and to and for the uses intents and purposes following that is to say In Trust to have receive and take the rents, issues, and profits of my real Estate and pay the same as they shall accrue, a money my three Daughters, Lucretia Sarah Calver Gill, Harriet Gill, and Amelia Gill, in equal parts share and share alike for and during the term of their natural lives; and upon the death of any of my said Daughters, leaving a child or Children, in trust to pay the annual proceeds of the share of such deceased Daughter or Daughters to or among her or their respective child or children and in case of the demise of one or two of my said Daughters without children or child surviving her or them, then In Trust to pay for all such rents, issues, and profits to my surviving Daughters and Daughter during their or her natural life and upon the decease of the longest survivor of my said Daughters if she shall leave children or a child surviving, then In Trust to pay the same rents, issues, and

Page five

Profits, to the use of such Children or Child, and if all my said Daughters shall depart this life without leaving and issue surviving, then I give devise and bequeath all my said real property, Lands and Tenements to my said Executors, In Trust to pay and apply the rents, and profits thereof equally among my Sons James, William, Frederick, George and Henry Gill and in the event of the decease of either or any of my said Sons before the death of the Survivor of my said Daughters, the children and descendants of such deceased Son if any such there shall then be, to take the share of the deceased Parent. ___  And I do further direct in the event of the marriage of any or either of my said Daughters that my said Executors, and Trustees shall pay to such my Daughters or Daughter, notwithstanding her or their coverture, all rents and monies accruing from my Estate to her or their separate use independent of the control of any Husband and that the receipt of my said Daughters respectively shall be a good discharge to my Executors therefor ______  And I do hereby further direct my said Executors, not to sell or dispose of except by Lease for years any part of my real Estate, hereby vested in them _  And I do further direct that my aforesaid Daughters shall immediately after my decease be entitled to and have my share of all Household furniture, Goods, Plate, and Chattels, of my late dear Husbands Estate, and also all my monies of which I shall die possessed after payment of my debts, and funeral expenses. ____

And I do further hereby nominate, constitute, and appoint my Friends John DeGrave Ryland and Charles Ryland my Executors and Trustees under  this my last Will.

                                                                                    In Witnefs ---------