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Will of John Batten
In the name of God Amen. The thirteenth day of August in the year of our Lord one thousand eight hundred and sixty. I John Batten of Bareneed Conception Bay in the Island of 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 and proportions here following- First I give and bequeath to my beloved sons Thomas and John Batten whom I make executors of this my last will and testament all my large back garden bounded on the N. by the sea, all my landed property at Port de Grave consisting of three gardens, cellar and also my fishing room to be equally divided between them- Also I give and bequeath to my beloved son John individually and exclusively my dwelling house with all it contains, detached outhouses and also the garden back, commonly called the new garden with the meadow in front and also the two front gardens and the garden commonly called the cellar garden Finally I provide that my daughter in law Rebekah wife of my son John in event of my son John’s decease before her, shall possess that part of my property willed and bequeathed to my son John so long as she remains a widow- And I do hereby utterly disallow, revoke and disannul all and every other former testaments 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. John his X mark Batten (LS) Signed, sealed published pronounced and declared by the said John 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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