In re

William Penny deceased

I William Penny Senior Planter in English Harbour do hereby make this my last will and testament. I give to my two sons Robert and Samuel Penny my Room situated on English Harbour South head as by draft of survey by Revd Wm. Bullock to be enjoyed by them and their heirs for ever as now held by the present occupants And the said premises are never to be sold out of the family to pay debts contracted or for any other purpose but to be held by each heir in right and lawful succession.

I give to my daughter Susanna Beston that parcel of land now held of me by her husband Beston (Mark) described in the draft from survey by Revd. William Bullock bearing the date of 1827 called therein “Newly cleared Meadow” to be enjoyed by my daughter during her lifetime and afterwards to be held and enjoyed by her son William Beston and his heirs for ever.

I give to my son James Penny all my fishing room and back premises adjoining consisting of stage, flakes, storehouses, dwelling houses, meadows, beach and all and every portion of land and kind of building found thereon to be disposed of as follows, First that my dear wife might have the quiet use and enjoyment for her lifetime of the dwelling house occupied by me and the garden in front of the same. Secondly to hold the whole property in trust for the equal benefit of himself and his heirs and the widow and children of my late son William Penny so long as the family keep together single and the widow continues unmarried. Ultimately my grandson James Penny and his heirs to share equally with my son James and his heirs in the whole of the said property as by mutual consent of my son James and grandson James providing that the house and garden occupied by my son James be left to his enjoyment and his heirs and the house and garden occupied by myself and left to my wife in case of my dying before her be left to my grandson and his heirs. And in case that my son James should depart this life and leave his widow she is to hold the house and garden of her husband in common with my daughter-in-law Catherine Penny who may succeed my wife. But if either of them shall again marry they are no longer to have any claim to their dwellings as widows of my sons.

Concerning certain articles on the Room necessary for conducting the fishery I will that my son James shall allow to his brothers Robert and Samuel Penny as at this time at his convenience the use of the same namely two caplin seines, one Lance seine, one large copper tan kettle, one large oil pot.

To my son James and his heirs I bequeath my large family Bible & my pew in the church. The pew in the gallery I leave to my grandson Solomon.

All my household goods I bequeath to my beloved wife for her use and enjoyment as long as she may live trusting that the same might be left by her to our daughter Susanna Beston and from her to our granddaughters Susanna Nurse, Mary Walters and Mary Penny, daughter of my late son William, save and except the clock which is not to be taken from the house but after my wife’s decease to fall to my grandson James Penny.

I also will and bequeath to my grandsons Solomon William and Robert Penny, sons of my late son William all that parcel of land described in a Government Grant No. 938 bearing date at St. John’s 24th Jany 1851 lying at the back of my settlement and measuring about 11 acres also that portion adjoining thereto previously in my possession including the whole lot under fence. And should my son James leave no child lawfully begotten and bequeath his part of the room to either of these before named three brothers then the other two shall possess in equal rights the whole of the said lot of land last described. And the said land is not to be taken for debt nor sold to strangers but to continue in the family, one brother may sell his share to another brother if he should wish to give up the ground, or to either of his uncles James, Robert and Samuel Penny.

I give and bequeath to my wife Margaret Penny the sum of three hundred and fifty pounds stock in the three per cent English Funds. Also whatever amount might be due to me at my decease (all expenses being paid) Whether as appearing in the accounts of David Darell & Co. Brokers Poole, Brooking & Son Merchants on Trinity, Robert Slade & Co. Merchants Trinity, my son James Penny and whoever of my debtors together with the cash left in my house for her sole use and enjoyment.

And in case that the income of the said property should be insufficient for her comfortable maintenance she is at liberty to take form the principal as she may think best for her necessary supply.

I will and bequeath to my children or their heirs, James, Samuel, Robert and Susanna and to my late son William’s child Mary whatever of my funded property may remain at my wife’s decease:- two shares to my daughter Susanna and one share each to the remainder.

And I hereby charge my son James and for his assistant our friend John Beston son of William Beston Senior with the executorship of this my will and testament desiring of them to see to the decent interment of both myself and my beloved partner and to the payment of all expenses of the same with a headstone dictated in the same plainness and simplicity with those of the deceased members of the family set up by me. And I will and desire that my friend John Beston do receive from my property in money the sum of three pounds currency in testimony of my esteem and in lieu of service as joint executor with my son James.

I will and bequeath to my daughter-in-law Catherine Penny and to her children surviving me a sum of money not less than one hundred pounds currency deposited in the St. John’s Savings Bank (the book of the same held at this present by Frs Hepburn Esq.) to be divided as follows two shares to the mother and one share each to the children.

And I declare this to be my last will and testament.

Signed sealed and delivered by me this thirteenth day of April in the year of our Lord one thousand eight hundred and fifty three.

William mark of X Penny, Senr.

In the presence of us, Tho. M. Woods, Minister of Trinity, John Beston, witnesses to the above.

Certified correct,

D. M. Browning