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A Collection of Newfoundland Wills
(D)
Michael Devereaux

 

Will of Michael Devereaux, from Newfoundland will books volume 15 pages 492 & 493 probate year 1931

IN RE.                              DECEASED
Michael Devereaux
.

The last will and testament Michael Devereaux Planter of Salmon Cove Gasters Newfoundland.
I said Michael Devereaux do make this my last will and testament.
Firstly. I give and bequeath this my dwelling house, stables and all my outhouses unto whichsoever of my two sons who are last to remain unmarried, also carriage, horse, cart, and household utensils to them in equal possession for ever. Provided said houses etc are for full use of all such of my sons who may still remain unmarried. And such of my sons who may first have contracted marriage settlement and who may next hereafter contract a marriage shall provide dwellings apart for themselves the sole ownership of said houses etc reverting to the two last unmarried. But those of my sons who are thus to build dwellings for themselves must be assisted by their brothers all they can.
Secondly. My land and other property I will and bequeath as follows.
Unto my son John Devereaux the land situate on the south west side of my own road leading from the main line to his own cellar and thence on a straight line to the salt water. Excepting the stable and outhouse land and small meadow attached to the stable which shall be mentioned hereafter. Also the south west portion of my land lying south of the main line which land has been marked out for him.
Unto my son I bequeath the North East portion of my land south of Main line bordering on Cooks land to the North east and on the west by a boundary line running from the main line near his own house in a southerly direction to a point midway between main line and extreme southern boundary of this my entire block of land thence at right angles to Cooks boundary thus embracing half this strip of land from main line frontage.
Unto my sons Cornelius, James and Michael Devereaux I give and bequeath remainder of my landed property namely, that upon which my houses stable etc are erected. The meadow near the stable before mentioned, yard about houses and all that land on North East of my road way from main line to dwelling and line bounding my son John's land on the North East, and between Main line and salt water excepting as may be hereinafter mentioned also the land on the south of main line between those strips already willed to my sons John and Richard thereby extending to southerly boundary of this entire block of land on south side of main line belonging to me, also the southern extension of the strip of land already willed to my son Richard between Cooks boundary East Richard Devereaux North. Provided that the first of those three at present unmarried sons who contracts marriage forfeits thereby all claim to dwelling outhouses etc, heretofore mentioned as a conjoint possession and the following is alotted to him instead a building lot of not less than fifty by thirty feet on land south side of main line North West corner thereof and also that piece of land to the south of my sons Richard's land near Cooks boundary the remainder of my land etc to revert unto possession of my two sons remaining unmarried and unto their heirs etc forever. In event of either of these two sons dying without issue or who abandoning his claim for fifteen or more years the landed portion of his property is to go in possession of Michael Devereaux John's eldest son and dwelling outhouses etc to remain in sole possession of the remaining occupant. I give and bequeath unto my son James Devereaux one cow.
I give and bequeath unto my grandson Michael Devereux one calf.
I will that this roadway leading from main line to water saw-pit water side and piece of land South of said road and bounded by Barclays for use of my sons in common.
I will that my Labrador fishing room and property to be in possession of all my sons equally never to be sold or mortgaged without the consent of all concerned.
Lastly. I will that any of my property shall never be sold or mortgaged or willed out of the family or name of Devereaux.
In witness whereof I have hereunto set my hand and seal this eighth day of February Anno Domini one thousand eight hundred and eighty eight.

Michael hisXmarkDevereaux

In presence of us
Edward Kennedy
John Moore
.
I appoint Joseph Moore of Salmon Cove to be my sole Executor to this my last will and testament.

Correct.

William F. Lloyd
Registrar of the Supreme Court of Newfoundland

Written in the top right-hand margin:
Fiat
W. H. Horwood
C.J. Sept 18/31
Probate granted
Joseph Moore
on the 18th day
of September
A.D. 1931
Value of Estate
$1300.00

 

 

Page Contributed by Judy Benson, Sheila Tiberio & Transcribed by Lenora Cooper

Page Revised by Ivy F. Benoit ( Thursday July 04, 2019 )

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