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Will of Benjamin Batten
The will index gives the probate year, for this will, as 1867, but it is filed chronologically with wills from 1886.
In the name of God Amen. The seventeenth day
of March in the year of our Lord one thousand eight hundred and sixty. I Benjamin
Batten of Bareneed, Conception Bay, Newfoundland, being through
the blessing of God in a sound state of mind and memory but calling to mind
the frail state of this life and that it is appointed unto all men once to
die; do make and ordain this my last will and testament that is to say principally
and first of all I recommend my soul into the hands of Almighty God who gave
it me and the disposal of my body I leave to the entire discretion of my friends.
With respect to my worldly estate I give bequeath and dispose of it in the
manner here following: First I give and bequeath
to my three sons Benjamin, John and William Batten all
and every part of my landed property to share and share alike, both fishing
room gardens meadows and also where the cellar stands to be used by all alike
and to build other cellars on the same land if either of my sons desire to
do so- Secondly I give and bequeath to my grandson son Isaac,
son of Benjamin my
bed and bedding to be possessed by him immediately after my decease. Thirdly
I give and bequeath to my grandson Benjamin son of John my
chest and looking glass. Finally, I give and bequeath
to my beloved son William my dwelling house with all furniture
therein save and except those things willed and bequeathed afore, and a certain
provision I shall hereafter make. Also I constitute Robt
Daw and John Bartlett my sons in law executors of
this my last will & testament
And I do hereby utterly disallow, revoke and disannul all and every other former
testament wills, legacies, bequests and executors by me in any way before named,
willed and bequeathed, ratifying and confirming this and no other to be my
last will and testament. In witness whereof
I have hereunto set my hand and seal the day and year above written. Benjamin
his X mark Batten (LS) Signed, sealed,
published, pronounced and declared by the said Benjamin Batten as
his last will and testament in the presence of us the subscribers, John
Batten, Geo. F. Payne.
Note: The wills in those will books are NOT actual wills. They are either hand-written copies or in later years typed copies of a, "last will and testament," written or typed 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 and also no paragraphs. 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. However, in some of the very long wills, we have tried to insert paragraphs to make it easier for the researcher to read the document.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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