Thomas Smith

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 400 to 402 probate year 1908

Will of Thomas Smith

In re: THOMAS SMITH. DECEASED

In The name of God amen. I Thomas Smith of Baine Harbour Placentia Bay do hereby make this my Last will and Testament being at the same time sound in mind but weak in Body.

First I leave my dwelling House and Furniture one cow and one calf and my Boat to my wife Olivia and my Daughter Maude but my son Thomas is to have the use of the said Boat.

Second I leave and bequeath to the clergyman in charge of the mission of Harbour Buffett the sum of one Hundred Dollars for the use of the church in Baine Harbour.

Third after the above Legacy and also my Lawful debts and Funeral expenses have been paid:- I leave and bequeath three-fourths of whatever money I may be possessed of at the time of my death to my wife Olivia and to my Two sons John and Thomas to be equally shared amongst them:

The remaining one fourth is to be equally shared amongst my five daughters namely Maude Smith, Sarah Reeves, Rhoda March, Margaret Ann Brown and Mary Smith

I appoint The Rev. John Hewitt Executor of this my Last will and Testament Thomas his X mark Smith Signed by the said Thomas Smith who signed in the presence of us who signed in the presence of each other Dated this Twenty-Fourth day of June A.D. 1905. J. R. Shears John His X mark Rodway

(Listed in the margin next to this will the following)
Fiat April 14/08 Emerson J. Probate April 15/08 granted to Rev John Hewitt Estate sworn at $4285.00

In margin at bottom of this page: For codicils see next page

see will on preceding page

In re Thomas Smith deceased.

Codicil to the will of Thomas Smith Baine Harbor, Placentia Bay. My Land situated between Mrs. Elizabeth Smiths land and a Brook dividing what is known as my son Thomas Smiths land and my own and now occupied by my said son Thomas I leave to him. The land on the western side of the Brook (and bounded by Philip Allens land) and all the land on the southern side of the main Road now owned by me. I leave to my wife Olivia Smith and my daughter Maude Smith for their joint benefit.

In the event of my wife dying or marrying again, or in the event of my daughter marrying or dying, the survivor or unmarried one is to have the use of the land. In the event of both of the above either dying or marrying then the same is to become the property of my son Thomas and his family.

In all other respects I confirm my will dated the 24th Day of June one thousand nine hundred and Five. Anno Domini Signed by the said Testator Thomas Smith In the presence of us who signed in the presence of each other Dated this 13th day of February 1907 J R Shears C E ???ery John his X mark Rodway

Second. Codicil to the will of Thomas Smith, Baine Harbour. My wife Olivia Smith, having predeceased me, I desire, that the portion of my money which I intended for her shall be disposed of as follows:- That one hundred dollars of the part left to my wife shall be left to the church and $100 one hundred for my expenses. The balance then at my death is to be divided equally among my seven children

In all other Respects I confirm my will and First Codicil dated respectively the 24th Day of June A.D. 1905 and the 15th Day of February 1907. Signed by the said Testator Thomas his X mark Smith In the presence of us who signed in the presence of each other Malcolm Andrews James W Smith Dated this 5th Day of March 1908 Certified correct, (both will and codicils) D. M. Browning Registrar