Will of Anne Batten
from Newfoundland will books volume 1 pages 215 to 218 probate year 1836
Anne Batten deceased.
In the name of God Amen. I Anne Batten widow of Samuel Batten of Port de Grave Newfoundland, being of sound disposing mind and memory, and being impressed with a due sense of the uncertainty of human life do hereby make and declare this my last will and testament. In the first place I will that all my just debts shall be paid which I may owe at the time of my decease, and that my funeral expenses and the necessary expenses of proving and executing this my will shall also be paid out of whatever money I may leave at my decease. I give and bequeath that half of the fishing room and plantation which belongs to me as relict of my deceased husband, and which is situated at Port de Grave between the rooms of John and William Pinsent and others on the west side, and the rooms of Thomas Martin and others on the east side to John Batten Senr and Samuel Batten of Bareneed Newfoundland in equal moieties, providing that the piece of land sold by me to the late Doctor Richard Shea, and which is now occupied by his widow shall be taken and deducted from my said half of the aforesaid room and plantation and which said piece of land is hereby by me confirmed and secured to the said late Doctor Richard Shea's heirs executors administrators and assigns.
I give and bequeath my fishing room and plantation which I inherited from my late father and which is situated between the rooms of William Freeman and Jonathan Parsons in Port de Grave as follows viz. to my half brother Thomas Butler the whole of the front part from the waterside to the main public path, and also the spot of land where my old house stood on the north side of the said path; to my nephew Thomas Butler (John's son) the garden now occupied by him and situated on the back of the spot where my old house stood; to my nephew John Butler (John's son) that garden situated on the back of my said waterside room and which he at present occupies; to my nephew George Mercer that garden on the back (near John Butler's house) which is at present occupied, under rent to me, by my half brother Thomas Butler.
I give and bequeath to my nephew Crispus Butler (John's son) ten pounds currency in money.
I give and bequeath also to the hereinafter mentioned persons as follows viz.
to my niece Hannah Morgan (widow of James Morgan) ten pounds currency in money;
to my great-nephew Robert Hennessey Five pounds currency in money;
to my nephew George Mercer Ten pounds currency in money and an empty chest which is now in my bedroom;
to my niece Sarah Morrisey ten pounds currency in money;
to my niece Hannah Mugford five pounds currency in money and four chairs;
to Mary widow of my late brother John Butler my five silver tea spoons;
to my niece Providence Boon three pounds currency in money and my best copper tea kettle;
to my nephew John Mercer my large pair of fire Dog Irons;
to Dinah Butler the wife of John Butler (widow's son) the trunk now in my parlour, one of my gowns to be chosen by herself and my black cloth cloak;
to Robert Butler (said Dinah Butler's son) my parlour table;
to John Butler (her son) one of my trunks;
to Charles Butler (her son) my best tea board;
to William Butler (her son) my best tea caddy;
to Joseph Butler (her son) my very small trunk;
to James Butler (her son) my large looking glass;
to Hannah Butler (her daughter) my best black silk cloak;
to grace Tucker (wife of John Tucker) my silver watch and ten pounds currency in money;
to Mary French (widow of Edwd French of Bareneed) my umbrella and one suit of my clothes to be chosen by herself;
to my servant maid Nancy Snow one suit of new decent mourning with bonnet and shoes compleat and five pounds currency in money to be laid out in clothes for her as she may want them;
to my friend Mrs. Bridget Shea six pounds currency in money to be laid out in a suit of mourning;
to John Batten (son of John Batten Senr of Bareneed) my best feather bed;
to John Batten (son of Benjamin Batten of Bareneed) my other feather bed;
to my niece Hannah Morgan (aforesaid) a small trunk which belonged to her late brother Charles;
to my nephew Thomas Butler (aforementioned) ten pounds currency in money;
to my nephew John Butler (aforementioned) ten pounds currency in money;
to my half sister Hannah Freeman one guinea in gold;
to my half sister Charlotte Parsons one guinea in gold;
to my friend Michael Fitzgerald one guinea in gold;
to my niece Ann Daw (wife of John Daw Abraham's son) five pounds currency in money;
to my niece Julia Hussey (wife of William Hussey) three pounds currency in money;
to Grace Tucker, Providence Boon, Hannah Morgan, Sarah Morrisey, Ann Daw and Nancy Snow my servant (all aforementioned) the remainder of all my clothes and wearing apparel, to be equally divided among them in such manner as my executors may think proper;
to John Batten Senr and Samuel Batten (aforementioned) all the remainder of my household furniture and utensils to be divided in like manner equally between them.
To Mr. Robert John Pinsent and Mr. Thomas Marten of Port de Grave, Merchants, whom I hereby make constitute and appoint my executors of this my will and testament, I give and bequeath the sum of Thirty two pounds sterling, to be by them used and appropriated to the following purposes- that is to say- the sum of twenty four pounds to be expended in the purchase and erection of four head grave stones to the memory of my father, my husband, my son and myself the sum of two pounds to be applied towards building the Port de Grave Public School House; and the sum of six pounds to be laid out in any two ornaments they may choose to be kept by them as mementos of me. To them I leave the arrangement and order of my funeral.
All the remainder of my money after the aforementioned legacies, expenses and appropriations are paid and performed, I will to be equally divided among all my nephews and nieces of the whole blood, namely, Thomas Butler, John Butler, Crispus Butler, George Mercer, John Mercer, Providence Boon, Ann Daw, Julia Hussey, Hannah Mugford, Hannah Morgan and Sarah Morrisey. In the event of the death of any of the persons to whom I have given anything by this my will, it is my desire and will that the legal heirs of any such person shall succeed to and receive the same things, be they money, lands or other property, as the case may be.
Witness my hand and seal at Port de Grave Newfoundland (where stamps are not required) this first day of February in the year of our Lord one thousand eight hundred and thirty. Anne Batten X her mark and seal (LS).
Witnessed by us in presence of the testator Anne Batten and of each other, as the last will and testament of her the said testator at Port de grave Newfoundland this 1st day of February 1830, George Heath. Robert Barber. William Hampton.
Codicil. I revoke that part of my foregoing will by which I bequeathed to my half brother Thomas Butler the whole of the front part from the waterside to the main public path of my fishing room and plantation which I inherited from my late father; and I hereby give and bequeath the whole of the waterside part of the said front (upon the back of which a Flake is now built) to my nephew Thomas Butler (John's son); and the remainder consisting of a garden running from the said Flake to the main public path I give and bequeath to my said half brother Thomas Butler. As witness my hand and seal at Port de Grave the 31st August 1835.
Anne Batten X her mark and seal (LS) In presence of us George Heath, William Hampton.
D. M. Browning