NL GENWEB

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

Newfoundland will books volume 8 pages 534 to 536 probate year 1909

Will of Peter Benteau

In re: PETER BENTEAU DECEASED

This is the last will and Testament of me Peter Benteau of Lories near Lamaline (at present of St. John’s) Planter.

I desire and direct that out of the property and monies hereinafter bequeathed to my three sons they or their representatives shall support and maintain my wife Mary during her life and that her said support and maintenance shall be a first charge upon the whole of the said property monies and effects.

I bequeath to my executor hereinafter named in trust for my two grandsons Chesley and Peter Benteau (sons of my deceased son Michael) a new Cod-trap with complete outfit of moorings gear and other appliances they to have the possession and use of the same and to keep the same in good condition and repair until the period hereinafter named for a division thereof but not to sell or otherwise dispose thereof.

In the event of any difficulty or other cause presenting the carrying of this bequest fully into effect it shall be at the discretion of my Executor to substitute for the said Codtrap the sum of four hundred dollars, out of my estate.

In the event of either of my said grandsons dying before attaining twenty-one years of age this bequest shall go to the survivor, upon both attaining twenty one years this bequest to be divided equally between them.

Save and Except and subject to the foregoing bequests I devise and bequeath to my three sons Patrick, Clement and Peter all the rest residue and remainder of the estate property money and effects of which I shall die possessed in equal shares or portions to each. In the event of the death of any of the said sons before my death leaving issue him surviving his share shall go to his legal representatives but in the event of his not leaving such issue then his share shall go to the survivor or survivors of the said three sons
I appoint Cyrus Pitman of Lamaline Sub-Collector of Customs Executor of this my last will - Dated at St. John’s this 9th day of May A.D. 1903 Peter his x mark Benteau Signed and delivered by the said Peter Benteau as his last will in the presence of (having first been read over to and approved of by the said testator) J.S. Winter John J. Fenelon

Codicil. It is my will that the business now carried on by me shop and fishing concern after my demise be carried on by my said two sons Clement and Patrick conjointly, - under the name of Benteau Brothers the profits of such concern being shared alike by my aforesaid sons Clement & Patrick And this partnership is not to be cancelled without the full and proper consent of both parties, and then only after the due and proper manner required by law in such matters. Dated at Lories Lamaline this 13th day of January A.D. 1906. Peter his x mark Benteau

Signed published and declared by the said Testator as and for a Codicil to his last will and Testament in the presence of us who in his presence and in the presence of each other and at his request have hereunto subscribed our names as witnesses (Having first been read over and explained to the said testator A. J. Maher Susanna Slaney. J Peter Benteau do hereby bequeath the three hundred dollars $300.00 owed to me by Rev A.J. Maher P.P. of St. Lawrence in the following manner one hundred dollars $100.00 to Mary Frances Rioux on condition that she does not turn a protestant or go to live with her mother and she is to receive the money when she goes to live to herself. Peter Benteau Parsons is to receive on hundred dollars which must be placed in the Bank for him. The balance of the amount I leave to my wife Mary Benteau. I also bequeath a feather bed each to Mary Francis Rioux and Susanna Benteau my Grandchild.

I being of sound mind given under my last seal and testament Point May May 12 1908 Peter Benteau x witnesses J. B. Lynch Ellen Parsons

Certified correct, D. M. Browning Registrar
(Listed in the margin next to this will the following)
Fiat Dec. 11/08 C.J. Probate Jan 25/09 granted to Cyrus C. Pitman Estate sworn at $8000.00

© Judy Benson, Ivy Benoit and NL GenWeb