Will of James Hunt Martin from Newfoundland will books volume 7 pages 237-241 probate year 1903

The Last Will of James H. Martin
late of Dartmouth, Devon, England, Gentleman
deceased.

      This is the last will and Testament of me James Hunt Martin of Dartmouth, Devon England I hereby revoke all former wills at any time by me made and I appoint my nephew William Martin of the firm of J. H. Martin and Company of St. John's in the Island of Newfoundland hardware merchants, sole executor of this my last will and Testament.

First I give devise and bequeath unto my nephew James Frank Martin of St. John's aforesaid all my right title and interest in and to all that land and property leased by me from Brien's estate situate and being at Hoylestown in the East end of St. John's aforesaid subject to the condition that my said nephew James Frank Martin his executors administrators and assigns shall grant to Samuel O. Steele of St. John's aforesaid Earthenware Dealer a lease of the upper portion of the store on the said Hoylestown property with the entrance on Plymouth Road for a lease of ten years from the date of my decease at a rental of Five dollars per annum with the option to the said James Frank Martin to terminate said tenancy or holding at any time within the said lease of ten years by paying to the said Samuel O Steele the executors administrators or assigns the sum of four hundred dollars. The said Samuel O Steele and his assigns shall keep the said portion of the store aforesaid used by him in good repair externally and internally.

Second. I give devise and bequeath unto my said nephew James Frank Martin all that land and property now held and owned by me situate on the Forest Road in the East end of the town of St. John's aforesaid. ----

Third. I give and bequeath to my nephew William Martin of St. John's aforesaid Hardware Merchant, whatever sum may be found standing to my credit at the date of my decease as on the books of the said firm of J. H. Martin and Company.

Fourth. I give devise and bequeath unto my said nephew William Martin all the land and dwelling houses Nos. 1, 2, 3, 4 and 5 with all the appurtenances thereto belonging situate in Hoylestown in the East end in the town of St. John's aforesaid and known as "Devon Row" subject to the mortgages now existing upon said property.

Fifth. I give and bequeath to my wife Selena Codner Martin the sum of one hundred pounds sterling per annum for and during her natural life to be paid to her half yearly.

Sixth. I give and bequeath to Fannie Foster wife of Joseph W. Foster of Brooklyn New York the sum of Four thousand dollars.

Seventh, I give and bequeath to John L. Martin, Robert H. Martin, Philip H. Martin and Lyndon Martin of Devon England sons of my deceased brother Robert Hunt Martin the sum of two hundred and fifty pounds sterling each.

Eighth. I give and bequeath to Sarah Brooks wife of Philip Brooks of Brooklyn New York the sum of one thousand dollars. Should she predecease me I give and bequeath the said sum to her three daughters share and share alike.

Ninth. I give and bequeath to John Luscombe Martin of Brooklyn New York son of my deceased brother John R. Martin the sum of one thousand dollars.

Tenth. I give and bequeath to my said executor in trust the sum of eight hundred dollars to be by him invested as he may deem proper the annual interest of which shall be paid by him to the trustees of the Queen's Road Congregational Church at St. John's aforesaid for Church purposes.

Eleventh. I give and bequeath to my niece Harriet S. H. Martin of Paddle lake Devon daughter of my deceased brother Robert H. Martin the sum of ten pounds sterling per annum for and during her natural life payable half yearly.

Twelfth. The residue of my estate at the time of my decease of every description not herein specifically bequeathed I give devise and bequeath unto my said nephew William Martin except household goods and furniture which I give to my said wife Selina Codner Martin absolutely for her own use. If she predecease me then all the furniture which belongs to her is to be subject to her disposal.

Thirteenth. It is my will and I do direct that the foregoing bequests to my said nephew James Frank Martin shall be subject to the payment of the several bequests made to him in this my will contained in paragraphs "eighth" and "ninth" provided however that my said nephew James Frank Martin shall have Ten years from the date of my decease to pay the bequests contained in said paragraphs "eighth" and "ninth" during that time shall pay to the said legatees interest upon their respective legacies at and after the rate of four and a half per cent per annum payable half yearly.

Fourteenth. It is also my will and I do direct that the foregoing bequests to my said nephew William Martin shall be subject to the payment of the several bequests contained in paragraphs "sixth" "seventh" "Tenth" and "eleventh" of this my will provided however that my said nephew William Martin shall if he so please have ten years from the date of my decease in which to pay the said several bequests contained in said paragraphs "sixth" "seventh" and "tenth" by paying in the meantime to the persons entitled interest upon their respective legacies at and after the rate of four and a half per cent per annum half yearly.

Fifteenth. It is my will and I do further direct that the foregoing bequests to my nephews James Frank Martin and William Martin shall be subject to the payment of the bequest contained in paragraph "fifth" of this my will of the sum of one hundred pounds sterling to my wife Selina Codner Martin, half of this payment, namely fifty pounds sterling shall be paid to her by my said nephew James Frank Martin payable half yearly and the other half namely Fifty pounds sterling shall be paid to her by my said nephew William Martin payable half yearly.

In witness whereof I have to this my last will and testament made in duplicate hereunto set my hand at Dartmouth aforesaid this Fifteenth day of September Anno Domini one thousand nine hundred. James H. Martin - Signed by the said testator as and for his last will and testament in the presence of us who being both present at the same time in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses (the words "and William Martin" being first interlined on page four of this my will, between the third and fourth lines from the top)
Wm. Smith, Sol. Dartmouth -
Robert Palfery Accountant Dartmouth -

      I certify the foregoing to be a correct copy of the last will of James Hunt Martin

D. M. Browning
Registrar

This is a codicil executed in duplicate to the last will and testament of me James Hunt Martin of Dartmouth, Devon, England, Gentleman which will bears date the 15 day of September 1900 whereas I have given by my said will the sum of one hundred pounds per annum to my wife Selina Codner Martin as mentioned in paragraph five to the same now I hereby give to my said wife in addition to the above mentioned bequest the sum of one hundred pounds for her own use absolutely. And in all other respects I confirm my said will
As witness my hand this seventeenth day of October one thousand nine hundred and two. J. H. Martin Signed by the said James Hunt Martin the Testator as and for a codicil to his last will and testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
The interlineations being first made and initialed
J. Hayes Smith Solicitor, Dartmouth,
Charles J. W. Seymour Bank Manager, Dartmouth.

      I certify the foregoing to be a correct copy of a codicil to the will of James Hunt Martin.
D. M. Browning
Register

(Listed in the margin next to this will the following)
Fiat
Jany 9 1903
Horwood C.J.
Letters of Probate
granted on the 10^th
Jany 1903 to Wm.
Martin the Exr
Estate Sworn at
$22,000.00