Part 1 - Contributed by Geoff Martin

Will of Elizabeth Mary Burton Gill
from Newfoundland will books volume 2 page 365 probate year 1859

Source: Supreme Court of Newfoundland, July 2004
Five page document
Page one is a folio slip that identifies the document

1859
Estate of
Elizabeth Mary Burton Gill
late of
St. John's C. D. Widow decd

Probate to
John DeGrave Ryland &
Charles Thos Ryland Execs
named in the Will
22^nd Oct/59

Estate under £3000 Stg

Entd in PR
Vol 3 Page 405
Unknown initials

Page two

To the Honorable Francis Brady Chief Justice and The Honorable The Assistant Justices of the Supreme Court

The Petition of John D. Ryland and Charles T. Ryland of St. John's Gentlemen

      That on the twenty ninth day of May _______ last that Elizabeth Mary Burton Gill late of St. John's widow departed this life having first made and published her last Will and Testament with Codicil thereto, and therein appointed Your Petitioners Executors thereof
      That the said Will and Codicil are now in the Office of the Chief Clerk and Registrar of the Supreme Court.
      That the said Testatrix died ?????? of real and Personal Estate in St. John's of the probable value of Three Thousand pounds.
      Petitioners therefore pray Your Lordship to grant them Probate of

Page three

the said Will and Codicil.
And in duty bound will ever pray

      John DeGrave Ryland LS
      Charles Thomas Ryland LS

Supreme Court
St. John's     John DeGrave Ryland of St. John's Gentleman
      To wit     one of the ??????? Petitioners maketh oath and saith that the Contents of the above Petition are true to the best of the Deponents knowledge and belief.

Sworn before me at St. John's
This 6^th day of October
Ad 1859

John D Ryland
Hy Thos. Wood
Commr Affts

Page four

In the name of God Amen. I Elizabeth Mary Burton Gill of Saint John's Newfoundland Widow do make this my last Will and Testament. First. I give devise and bequeath all my real and personal property, lands, houses, tenements and effects that is to say All my undivided one third part or share of and in the lands tenements, Buildings, Goods, chattels, Securities monies and effects forming the Estate of my late dear Husband Nicholas Gill and all other my real and personal property monies and effects wheresoever the same may be unto John De Grave Ryland, and Charles Ryland my Executors, hereinafter named their Executors, Administrators, and assigns forever. __________
In Trust nevertheless and to and for the uses intents and purposes following that is to say In Trust to have receive and take the rents, issues, and profits of my real Estate and pay the same as they shall accrue, a money my three Daughters, Lucretia Sarah Calver Gill, Harriet Gill, and Amelia Gill, in equal parts share and share alike for and during the term of their natural lives; and upon the death of any of my said Daughters, leaving a child or Children, in trust to pay the annual proceeds of the share of such deceased Daughter or Daughters to or among her or their respective child or children and in case of the demise of one or two of my said Daughters without children or child surviving her or them, then In Trust to pay for all such rents, issues, and profits to my surviving Daughters and Daughter during their or her natural life and upon the decease of the longest survivor of my said Daughters if she shall leave children or a child surviving, then In Trust to pay the same rents, issues, and

Page five

Profits, to the use of such Children or Child, and if all my said Daughters shall depart this life without leaving and issue surviving, then I give devise and bequeath all my said real property, Lands and Tenements to my said Executors, In Trust to pay and apply the rents, and profits thereof equally among my Sons James, William, Frederick, George and Henry Gill and in the event of the decease of either or any of my said Sons before the death of the Survivor of my said Daughters, the children and descendants of such deceased Son if any such there shall then be, to take the share of the deceased Parent. ___ And I do further direct in the event of the marriage of any or either of my said Daughters that my said Executors, and Trustees shall pay to such my Daughters or Daughter, notwithstanding her or their coverture, all rents and monies accruing from my Estate to her or their separate use independent of the control of any Husband and that the receipt of my said Daughters respectively shall be a good discharge to my Executors therefor ______ And I do hereby further direct my said Executors, not to sell or dispose of except by Lease for years any part of my real Estate, hereby vested in them _ And I do further direct that my aforesaid Daughters shall immediately after my decease be entitled to and have my share of all Household furniture, Goods, Plate, and Chattels, of my late dear Husbands Estate, and also all my monies of which I shall die possessed after payment of my debts, and funeral expenses. ____
And I do further hereby nominate, constitute, and appoint my Friends John DeGrave Ryland and Charles Ryland my Executors and Trustees under this my last Will.

Part 2 - Contributed by Judy Benson as part of the wills project

Will of Elizabeth Mary Burton Gill
from Newfoundland will books volume 2 pages 365 to 367 probate year 1859

In re
Elizabeth Mary Burton Gill deceased.

In the name of God Amen. I Elizabeth Mary Burton Gill of Saint John’s Newfoundland Widow do make this my last will and testament.
First. I give devise and bequeath all my real and personal property, lands, houses, tenements and effects that is to say all my undivided one third part or share of and in the lands tenements, buildings, goods, chattels, securities monies and effects forming the estate of my late dear husband Nicholas Gill and all other my real and personal property monies and effects wheresoever the same may be unto John De Grave Ryland, and Charles Ryland my executors, hereinafter named their executors, administrators, and assigns forever.
In trust nevertheless and to and for the uses intents and purposes following that is to say In trust to have receive and take the rents, issues, and profits of my real estate and pay the same as they shall accrue, among my three daughters, Lucretia Sarah Calver Gill, Harriet Gill, and Amelia Gill, in equal parts share and share alike for and during the term of their natural lives; and upon the death of any of my said daughters, leaving a child or children, in trust to pay the annual proceeds of the share of such deceased daughter or daughters to or among her or their respective child or children and in case of the demise of one or two of my said daughters without children or child surviving her or them, then in trust to pay for all such rents, issues, and profits to my surviving daughters and daughter during their or her natural life and upon the decease of the longest survivor of my said daughters if she shall have children or a child surviving, then in trust to pay the same rents, issues, and profits, to the use of such children or child, And if all my said daughters shall depart this life without leaving any issue surviving, then I give devise and bequeath all my said real property, lands and tenements to my said executors, in trust to pay and apply the rents, and profits thereof equally among my sons James, William, Frederick, George and Henry Gill and in the event of the decease of either or any of my said sons before the death of the survivor of my said daughters, the children or descendants of such deceased son if any such there shall then be, to take the share of the deceased parent.- And I do further direct in the event of the marriage of any or either of my said daughters that my said executors, and trustees shall pay to such my daughters or daughter, notwithstanding her or their coverture, all rents and monies accruing from my estate to her or their separate use independent of the control of any husband and that the receipt of my said daughters respectively shall be a good discharge to my executors therefor- And I do hereby further direct my said Executors, not to sell or dispose of except by Lease for years any part of my real Estate, hereby vested in them _ And I do further direct that my aforesaid daughters shall immediately after my decease be entitled to and have my share of all household furniture, goods, plate, and chattels, of my late dear husband’s estate, and also all my monies of which I shall die possessed after payment of my debts, and funeral expenses.
And I do further hereby nominate, constitute, and appoint my friends John DeGrave Ryland and Charles Ryland my executors and Trustees under this my last will.
In witness whereof I have hereunto set my hand and seal at St. John’s aforesaid the thirty-first day of March A.D. one thousand eight hundred and fifty six.
Elizabeth Mary Burton Gill as and for her last will and testament in the presence of us who in her presence and in the presence of each other have subscribed our names hereto as witnesses, John Thomas Burton, Chas. H. Simms.

It is my intention and desire that any children or child of either of my aforesaid daughters shall take and inherit such daughter’s share & that the share of such of my daughters as shall die without leaving children shall after the decease of all my daughters be annually divided among my sons then living and the children of such sons and daughters as shall be deceased such children taking in equal parts their respective parents share. This codicil not to effect in any way the life interest of my said daughters and to be construed as part of my will.
Elizabeth Gill.
Signed, published and declared by the said testatrix as part of the aforesaid last will in the presence of John Thomas Burton, Chas. H. Simms.

Certified Correct,
D.M. Browning
Registrar.