NL GenWeb Wills

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 13 pages 430-431 probate year 1926

Will of Samuel Small
IN RE: SAMUEL SMALL. DECEASED I, Samuel Small, of Moretons Harbour of the Northern District of the Island of Newfoundland, being of sound mind and memory, do make this my last will and testament in the following manner and form:- (I) I give and bequeath to my wife Emily Small the sum of one hundred Dollars now deposited in the Bank of Nova Scotia. (II) My said wife is to live peaceably in my dwelling-house and to have the use of any furniture that she may require for her comfort during her natural life, at her death my son Paul Small is to have full possession of all my wife's interest in the same. (III) I give and devise unto my son John Small all the land owned by me on the North Side of Main-Line Road, (Waterside or fishing premises not included), situated at Moreton's Harbour, with erections thereon Also one-half of my water-side or fishing premises and erections thereon, and one-half of the garden known as the cabbage garden, as well as, the New Store built by him. (IV) I give and devise unto my son John Small one-half of all the land owned by me and situated at Wild Cove. (V) My son John Small, if he so desires, is to have the use of one-half of my new Stable, but if he declines to use the said Stable then my son Paul Small is to take possession of the whole of the said Stable, but if my son John Small decide to build another Stable on his own property as devised above, then my son Paul Small is to assist him, to the amount equivalent in in value to one-half of the said Stable as it then is. (VI) I give and devise unto my son John Small one-half of my fishing gear which consists of two Cod-traps and two Salmon nets. My son John Small is to have undisputed right of way to his cellar so long as he is using it. (VII) I give and devise unto my son Paul Small my dwelling-house, furniture etc contained therein, all the land on the South Side of main-line Road, Moreton's Harbour with all erections thereon, with exception of one-half of the new Stable already devised to my son John Small and one half of the cellar already owned by him. My half of the said cellar is to become the property of my son Paul Small. (VIII) I give and devise unto my son Paul Small the garden known as the Drake garden, and one-half of the cabbage garden, together with one-half of my water-side or fishing premises with erections thereon also the store built by himself at Chance Harbour. (IX) I give and devise unto my son Paul Small one-half of my land situated at Wild Cove, also one-half of my fishing gear which consists of two Cod Traps and two Salmon Nets. All the rest, residue, and remainder of my property real and personal I give, devise, and bequeath to my son Paul Small his heirs administrators and assigns forever. Lastly, I hereby appoint and constitute Chas White to be Executor of this my last will and testament, hereby revoking and annulling all other wills by me made, ratifying and confirming this, and no other, to be my last will and testament. IN WITNESS WHEREOF, I, Samuel Small, have hereunto set my hand and seal this First day of August 1911. A.D. SAMUEL SMALL. Subscribed by the Testator in presence of each of us, and at the same time declared by him to us as his last will and testament, who at his request, have signed as witnesses of the same. Joseph Knight. James French. CORRECT. William F. Lloyd Registrar of the Supreme Court of Newfoundland. (Listed in the margin next to this will the following) Fiat Sept 9/26. By the court Simon Butler Clerk Supreme Court on Northern Circuit. Probate granted to Charles White. Sept 21/26. Estate sworn at $920.00

Will of Samuel Small

IN RE: SAMUEL SMALL. DECEASED

I, Samuel Small, of Moretons Harbour of the Northern District of the Island of Newfoundland, being of sound mind and memory, do make this my last will and testament in the following manner and form:-

(I) I give and bequeath to my wife Emily Small the sum of one hundred Dollars now deposited in the Bank of Nova Scotia.

(II) My said wife is to live peaceably in my dwelling-house and to have the use of any furniture that she may require for her comfort during her natural life, at her death my son Paul Small is to have full possession of all my wife's interest in the same.

(III) I give and devise unto my son John Small all the land owned by me on the North Side of Main-Line Road, (Waterside or fishing premises not included), situated at Moreton's Harbour, with erections thereon Also one-half of my water-side or fishing premises and erections thereon, and one-half of the garden known as the cabbage garden, as well as, the New Store built by him.

(IV) I give and devise unto my son John Small one-half of all the land owned by me and situated at Wild Cove.

(V) My son John Small, if he so desires, is to have the use of one-half of my new Stable, but if he declines to use the said Stable then my son Paul Small is to take possession of the whole of the said Stable, but if my son John Small decide to build another Stable on his own property as devised above, then my son Paul Small is to assist him, to the amount equivalent in in value to one-half of the said Stable as it then is.

(VI) I give and devise unto my son John Small one-half of my fishing gear which consists of two Cod-traps and two Salmon nets. My son John Small is to have undisputed right of way to his cellar so long as he is using it.

(VII) I give and devise unto my son Paul Small my dwelling-house, furniture etc contained therein, all the land on the South Side of main-line Road, Moreton's Harbour with all erections thereon, with exception of one-half of the new Stable already devised to my son John Small and one half of the cellar already owned by him. My half of the said cellar is to become the property of my son Paul Small.

(VIII) I give and devise unto my son Paul Small the garden known as the Drake garden, and one-half of the cabbage garden, together with one-half of my water-side or fishing premises with erections thereon also the store built by himself at Chance Harbour.

(IX) I give and devise unto my son Paul Small one-half of my land situated at Wild Cove, also one-half of my fishing gear which consists of two Cod Traps and two Salmon Nets.

All the rest, residue, and remainder of my property real and personal I give, devise, and bequeath to my son Paul Small his heirs administrators and assigns forever.

Lastly, I hereby appoint and constitute Chas White to be Executor of this my last will and testament, hereby revoking and annulling all other wills by me made, ratifying and confirming this, and no other, to be my last will and testament.

IN WITNESS WHEREOF, I, Samuel Small, have hereunto set my hand and seal this First day of August 1911. A.D.

SAMUEL SMALL.

Subscribed by the Testator in presence of each of us, and at the same time declared by him to us as his last will and testament, who at his request, have signed as witnesses of the same.

Joseph Knight. James French.

CORRECT.
William F. Lloyd
Registrar of the Supreme Court of Newfoundland.

(Listed in the margin next to this will the following)
Fiat Sept 9/26. By the court Simon Butler Clerk Supreme Court on Northern Circuit. Probate granted to Charles White. Sept 21/26. Estate sworn at $920.00