penistonmj.htm

Peniston, Mary Jane
W 28:112
will dated 31 March 1903
proved 7 September 1903
recorded 24 September 1903

Bermuda alias Somer Islands
By his Excellency Sir Henry ? KCB Lieut-General, Governor, Commander-in-Chief and Ordinary in and over these Islands &c, &c, &c

I hereby certify that on the seventh day of September in the year of our Lord one thousand nine hundred and three before me the Governor and Ordinary aforesaid personally appeared Joseph Beresford Outerbridge and made oath on the Holy Evangelists of Almighty God that he was one of the subscribing witnesses to the annexed instrument of writing bearing date the thirty first day of March one thousand nine hundred and three purporting to be the last will and testament of Mary Jane Peniston late of the Parish of Smiths in these islands; widow deceased; and that the said testatrix executed the said will on the day and date thereof by signing her name at the foot or on thereof as the same now appears thereon in the presence of the said deponent and Jeremiah Scott Pearman the other subscribed witness thereto, both of them being present at the same time and they thereupon resectively attested and subscribed the said will in the presence of the said testatrix and at the time of such execution the said testatrix was of sound disposing mind, memory and understanding to the best of the deponent's judgement.

In testimony whereof the Joseph Beresford Outerbridge hath hereto subscribed his name, and I the Governor and Ordinary aforesaid, have hereto set my hand and seal at arms(?) the day and year herein first written.

By his excellency's command, Kyle Kutson colonial secretary.

I Mary Jane Peniston of Smith's Parish in the Islands of Bermuda widow relict of Henry Morton Peniston deceased and daughter of Joseph Hinson deceased do make and declare this my will in manner and form following, that is to say- I direct all my just debts and all just claims against my estate to be paid and satisfied as soon as conveniently may be. I give unto my daughter Alice Beatrice Peniston for her maintenance and support as long as she remains single and unmarried the use and benefit and enjoyment of all my real estate whatsoever with the provision and understanding that should my daughter Ada Winthrop Vesey become a widow during the celibacy of my said daughter Alice Beatrice Peniston she the said Ada Winthrop Vesey so long as she may not be re-married shall be entitled to have and enjoy equally with my said daughter Alice Beatrice Peniston all my real estate so long as my last mentioned daughter may live single and unmarried and subject as above mentioned. I give and devise my dwelling house called "Hinson's Hall" with twenty acres of the land therewith to be measured from the wall separating the same on the North from the land now held by Dr E Reid Mercer and also a strip or parcel of land purchased by me from Mrs Sophia Zuill for the purpose of a road to and from the main longitudinal road unto and equally between my said daughters Alice Beatrice Peniston and Ada Winthrop Vesey their heirs and assigns forever. And as to the residue of the land comprised in the "Hinson Hall" property I give and devise the eastern half part thereof to my son Herbert Albuoy Peniston his heirs and assigns forever and the western half part thereof unto my son William Brown Peniston his heirs and assigns forever. Provided that should either of my said sons desire during the lifetime of his brother and sisters or any or either of them to sell and dispose of his half part of such residue or any part thereof for such price as can be procured from another person and be prepared to pay the price for the same than such son so desiring to sell and dsipose of his half part or any part thereof shall sell and convey the same to such brother or sister who may be entitled to become the purchaser but if neither of them shall be willing or able to purchase as aforesaid than only either of my sons so desiring to sell or dispose of his half part of such residue or any part thereof may sell and dispose thereof to some other person or persons and subject to the estate of my daughter Alice Beatrice Peniston therein during celibacy I give and devise my parcel of real estate on the southern side of Harrington Sound known as "Albuoys" and all other my real estate whatsoever unto and equally between my said sons Herbert Albuoy Peniston and William Brown Peniston their heirs and assigns forever. All my furniture plate glass household and other effects mentioned in lists signed by me and in the possession of my said daughter Alice Beatrice Peniston I give and bequeath unto her feeling confident that she will apply and dispose of the same according to my wishes and instructions as expressed to her. All the rest residue and remainder of my estate and property whatsoever I give and bequeath unto and equally between my said daughters Alice Beatrice Peniston and Ada Winthrop Vesey.

I hereby revoke and disallow all former will by me heretofore made and I nominate and appoint my said daughter Alice Beatrice Peniston as executrix and my said son Herbert Albuoy Peniston and my friend Thomas Melville Dill executors of this my will in witness whereof I have hereunto set my hand this thirty first day of March one thousand nine hundred and three.
Mary Jane Peniston

Signed by the testatrix Mary Jane Peniston as and for her last will in the presence of us both being present at the same time who in her presence and in the presence of each other have hereunto subscribed our names as witnesses.
J Scott Pearman
J Beresford Outerbridge

Recorded 24th September 1903
Kyre Hutson colonial secretary