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A Collection of Newfoundland Wills (B)
As always, confirm these, as you would any other source material.
Will of Thomas Barter
from Newfoundland will books volume 1 pages 242 & 243 probate year 1836
Thomas Barter deceased.
In the name of God Amen Dated at Saint John's in Newfoundland this fourteenth day of June in the sixth year of the reign of our Sovereign Lord William the Fourth of the United Kingdom of Great Britain and Ireland King, and in the year of our lord one thousand eight hundred and thirty six. I Thomas Barter of the town and Island aforesaid House Carpenter being at present very sick but of perfect sound mind and memory thanks be given unto God therefore calling to mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this to be my last will and testament in manner following that is to say first and principally of all I give and recommend my soul into the hands of Almighty God and my body I recommend to the earth to be buried in decent Christian burial at the discretion of my executors hereinafter named, not doubting but at the general resurrection I shall receive the same again by the mighty power of God. And as touching such worldly estate wherewith it hath pleased God to bless me with in this life I give demise and bequeath the same in the following manner and form
First I desire and request that all lawful debts due of me shall be paid and discharged as soon as possible after my interment. I then give and bequeath during her widowhood unto my beloved wife Jane in trust for my children all the landed household and other moveable property which I possess and am entitled to. But it is my particular desire and request that in the event of my said wife Jane taking to herself a second husband from the date of such marriage this my bequest to her shall from thenceforth be null and void to all intents and purposes, as by such marriage as aforesaid she forfeits and losses all or any right title or interest whatsoever to the whole or any part whatsoever of the property now in my possession or that may be in her possession at the time of such marriage taking place and from thenceforth to become the joint property of my three children named Mary Ann, Elizabeth and Anne Maria by even and equal portions to each. It is furthermore clearly to be understood that immediately after my wife Jane's marriage or death, my aforesaid three children or those of them who may be living at the time shall be the true and lawful inheritors of this my property hereinbefore bequeathed by even and equal portions, and I hereby constitute and appoint Mr. John Lang Senr Cabinet Maker and Mr. Richard Treligan Shopkeeper to be the executors to this my last will and testament, requesting that they will deal justly with my estate and allowing my wife Jane to perform the duty of executrix during her widowhood, but if she again marries my aforesaid two executors shall have my full power right and authority to expel both herself and her husband from enjoying any part of my property and from thenceforth the said executors shall become the guardians of my children aforesaid. And I utterly disallow and revoke all former testaments wills legacies or bequests by me heretofore made willed and bequeathed ratifying this and no other to be my last will and testament-
In witness whereof I have hereunto set my hand and seal at St. John's aforesaid the day month and year first above written. Thomas Barter (LS)
Signed sealed published pronounced and declared by the said Thomas Barter to be his last will and testament in the presence of us the subscribers. Hy Devereux. Matthew Pope.
D. M. Browning
|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 F. Benoit (March 10, 2003)
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