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A Collection of Newfoundland Wills (B)
Richard Barnes

Disclaimer: The wills for volumes 1 and 2 are not made from the original will books, but rather from a set of books written up from the originals about 100 years later. The 1846 hand written will book that we are putting up along with the wills from the volume 1 will book, is not the original will book. It was made, probably within a decade of the death of the testators, but it is not an exact replication from the original will book.

 

Will of Richard Barnes
from Newfoundland will books volume 1 pages 490 & 491 probate year 1846

In re Richard Barnes      deceased.

I Richard Barnes of Saint John's Newfoundland being of sound mind but weak in body do make this my last will and testament in manner following that is to say, I give and bequeath unto my dear wife Eunice Alice Barnes and my dear son Richard Theodore Barnes all my property of every description that I am or may be possessed of at the time of my death subject however to the following conditions,
First,    That all the said property belonging to me which is now employed in the trade carried on under the firm name of J.B. Barnes in this place and of which I am a partner shall be valued and allowed to remain so employed by them my brothers in the said firm on their paying interest for the same at the rate of six per cent per annum unto my dear wife and son before mentioned until my dear son shall have attained the age of twenty one years they the said firm however giving security for the same on one or more of their vessels or on land or premises held by them to the satisfaction of my executors. On my dear son before mentioned attaining the age of twenty one years then the said property shall (if required by my dear wife and son) be divided equally between them should however my son die before attaining that age then my dear wife shall receive the whole of the said property. And should my dear wife depart this life before my dear son attains the age of twenty one years then on his attaining that age all the said property shall fall to him. If however my brothers should (on continuing the business) wish to allow my dear wife and son a share in the profits of the trade and it should be agreeable to them (my wife and son) to receive such share in lieu of interest then my executors will permit such arrangement to be made, but if such arrangement be not agreeable to all parties concerned then it is my desire that the foregoing will and testament do take effect and be attended to by my executors. And should my brothers decline business before my dear son attains his majority then my executor will secure the said property for my wife and son and in due time distribute it as before directed. And I hereby appoint my brothers John Butler Barnes, William Morris Barnes and Ebenezer Barnes my sole executors to carry this my last will and testament into effect.
Witness my hand and seal at Saint John's Newfdland this first day of September one thousand and eight hundred and forty six. Richard Barnes (LS)
Signed sealed and delivered in presence of, witnesses, Chas. Barnes.   William Webber.

Certified correct
D.M. Browning
Registrar


Will of Richard Barnes
from Newfoundland will book labeled, "REGISTRY OF WILLS 1846," pages 8 to 10 probate year 1846.

I Richard Barnes of St. John's Newfoundland being of sound mind but weak in body do make this my last Will and Testament in manner following that is to say ~ I give and bequeath unto my dear Wife Eunice Alice Barnes and my dear son Richard Theodore Barnes all my property of every description that I am or may be possessed of at the time of my death subject however to the following conditions, First that all the said property belonging to me which is now employed in the trade carried on under the firm name of J.B. Barnes & Co. in this place and of which I am a partner shall be valued and allowed to remain so employed by them, my brothers in the said Firm on their paying interest for the same, at the rate of six per cent per annum unto my dear wife and son before mentioned until my dear son shall have attained the age of twenty one years they the said firm however giving security for the same on one or more of their vessels or on land or premises held by them to the satisfaction of my Executors. On my dear son before mentioned attaining the age of twenty one years then the said shall (if required by my dear wife and son) be divided equally between them. Should however my son die before attaining that age then my dear wife shall receive the whole of the said property - And should my dear wife depart this life before my dear son attains the age of twenty one years, then on his attaining that age all the said property shall fall to him. If however, my brothers should (on continuing the business) wish to allow my dear wife and son a share in the profits of the trade, and it should be agreeable to them (my wife and son) to receive such share in lieu of interest, then my executors will permit such arrangement to be made - but if such arrangement be not agreeable to all parties concerned then it is my desire that the foregoing Will and Testament do take effect and be attended to by my executors - And should my brothers decline business before my dear son attains his majority then my executors will secure the said property for my wife and son and in due time distribute it as before directed. And I hereby appoint my brothers John Butler Barnes, William Morris Barnes and Ebenezer Barnes my sole executors to carry this my last Will and Testament into effect.
Witness my hand and seal at Saint Johns Newfoundland this first day of September one thousand eight hundred and forty six. Richard Barnes L.S.
Signed, sealed, and delivered in presence of Witnesses, Charles Barnes.   William Webber.

William Webber of Saint Johns in the central district gentleman a subscribing witness to the foregoing paper writing maketh oath and saith that he was present and did see Richard Barnes therein named duly seal sign publish and declare the said paper writing as and for his last Will and Testament in the presence as well of this Deponent as of Charles Barnes the other subscribing witness thereto. And this Deponent further saith that the said Richard Barnes as the time of publishing his said last Will was of sound and disposing mind memory and understanding to the best of his knowledge and belief. William Webber
Sworn before me at St. Johns the twenty sixth day of November AD 1846
Rob RW Lilly Commissioner of affidavits.

 

 

Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written by the court clerk, after the death of the testator, when the executor presented them to the court for probate. The court clerk didn't list the signatures at the bottom, he (or she) just put them in the book in whatever order they were in, on the original document, no spacing most of the time, no punctuation. The originals were kept by the executor.

We who have typed these wills, have made every effort to include all the errors that were on the microfilm, in order to avoid destroying the integrity of the originals, where ever they may be.

Page Contributed by Judy Benson and Ivy F. Benoit
Page Revised by Ivy Benoit (August 8, 2002)

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