NL GENWEB

Transcribed by Judy Benson & Ivy Benoit. While we have endeavored to be as correct as humanly possible, there could be some typographical errors

 


 
Will of John Squarey Clapp from Newfoundland will books volume 4 pages 168 to 170 probate year 1881

In re
          John Squarey Clapp deceased.

This is the last will and testament of John Squarey Clapp of Teignmouth in the County of Devon Gentleman.     I appoint my niece Mary Bulley Clapp to be sole executrix of my will.     I give devise and bequeath unto my said niece Mary Bulley Clapp absolutely her heirs executors administrators and assigns all my share and shares estate and interest whatsoever in the pieces plots and parcels of land with the several dwelling houses shops stores warehouses wharves cellars platforms and buildings thereon situated in Water Street and Duckworth Street in Saint John’s in the Island of Newfoundland to which I am entitled under and by virtue of the will of my late father bearing date on or about the thirteenth day of May one thousand eight hundred and forty seven and a conveyance from my brother Robert Clapp bearing date on or about the thirty first day of July one thousand eight hundred and forty two     I give and devise all that messuage or dwelling house garden hereditaments and premises situate in Teign Street in the Parish of West Teignmouth in the County of Devon now in my own occupation with the appurtenances unto my said niece Mary Bulley Clapp her heirs and assigns for ever I give and bequeath all my household furniture plate linen china glass books prints pictures and all other household effects of which I shall die possessed unto my said niece Mary Bulley Clapp absolutely

I give devise and bequeath all the share and interest whatsoever of and in the dwelling houses shops warehouses wharves cellars platforms buildings hereditaments and premises situate in Saint John’s in the Island of Newfoundland aforesaid to which I am entitled under and by virtue of the will of my late sister Mary Frances Bulley Clapp unto my brother Gilbert Clapp his heirs executors administrators and assigns And if my said brother Gilbert Clapp shall die in my lifetime then I give devise and bequeath the same hereditaments and premises unto such of the children of my said brother Gilbert Clapp as shall be living at the time of my decease in equal shares as tenants in common their respective heirs executors administrators and assigns

I give and devise to my said niece Mary Bulley Clapp a yearly rent charge of one hundred and forty pounds sterling for her life to be charged upon and issuing out of my dwelling houses shops warehouses wharves cellars platforms buildings hereditaments and premises situate at Saint John’s in the Island of Newfoundland not hereinbefore devised and hereinafter more particularly described and to be payable half yearly without deduction and the first payment of the said yearly rent charge of one hundred and forty pounds sterling to be made at the end of six calendar months computed from my decease and a proportionate part of such yearly rent charge is to be paid up to the determination thereof And I empower my said niece Mary Bulley Clapp by distress and also by entry upon and perception of the rents and profits of my said dwelling houses shops warehouses wharves cellars platforms buildings hereditaments and premises to recover payment of the said rent charge when in arrear for twenty one days

I give devise and bequeath all and singular the said dwelling houses shops warehouses wharves cellars platforms buildings hereditaments and premises situated in Water Street in Saint John’s in the Island of Newfoundland aforesaid not hereinbefore devised and bequeathed and which said hereditaments and premises were leased to John Butler Barnes in or about the year one thousand eight hundred and forty six for a term of forty years and are now in the possession of the Savings Bank as tenants thereof (but subject to the said rent charge of one hundred and forty pounds sterling payable to my said niece Mary Bulley Clapp during her life) unto my said brother Gilbert Clapp his heirs executors administrators and assigns and if my said brother Gilbert Clapp shall die in my lifetime then I devise and bequeath the same dwelling houses shops warehouses wharves cellars platforms buildings hereditaments and premises unto such of the children of my said brother Gilbert Clapp as shall be living at the time of my decease in equal shares as tenants in common their respective heirs executors administrators and assigns

I give and devise all that messuage or dwelling house garden hereditaments and premises situate in Teign Street in the said parish of West Teignmouth now in the occupation of William John Bark Banbury as tenant thereof with the appurtenances unto my niece Margaret Clapp her heirs and assigns for ever I give and bequeath unto my said niece Margaret Clapp all and singular the monies in the public stock funds or Government securities of Great Britain to which I am entitled under or by virtue of the will of my deceased sister Mary Frances Bulley Clapp

I bequeath the pecuniary legacies following namely To each of the sons of my brother William Clapp who shall be living at the time of my decease a legacy of one hundred pounds sterling and to my servant Maria Johns (if she shall be in my service at the time of my decease) a legacy of fifty pounds sterling. And I direct the said legacies to be paid within six calendar months next after my decease-

I give and bequeath the residue of all the real and personal estate of whatsoever description and wheresoever situate to which I shall be entitled at the time of my decease unto my said niece Mary Bulley Clapp absolutely her heirs executors administrators and assigns I direct that the shares estates and interests of such of my said nieces as shall be married women shall be received enjoyed and disposed of by them as their separate property free from marital control and that their respective receipts alone notwithstanding coverture shall be effectual discharges I devise all real estates (if any) vested in me as trustee or mortgagee to my said niece Mary Bulley Clapp her heirs and assigns subject to the equities affecting the same respectively.

Lastly I revoke all other wills.     In witness whereof I have hereunder set my hand and I have also set my hand to each of the two preceding sheets of this my will this fifth day of October in the year of our Lord one thousand eight hundred and eighty.     John Squarey Clapp-     Signed by the said testator John Squarey Clapp as and for his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have subscribed our names as witnesses, W. T. Hall Jordan, solicitor, Teignmouth.     Lewis Heal, his clerk.

Certified correct,
D. M. Browning
Registrar


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