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Will of Samuel Batten Senior
In the name of God Amen. I, Samuel Batten Senior of Bareneed, Conception Bay in the Island of Newfoundland, Plantar, do this twenty sixth day of December in the year of our Lord one thousand eight hundred and sixty four, make and publish this as my last will and testament in manner following-
I give and bequeath to my son John during his lifetime and afterwards to his son Robert James and his lawful male issue all the land fishing room &c. &c. with whatever erections are thereon which he now occupies-
To my son Samuel during his lifetime, and afterwards to his son Samuel and his lawful male issue, all the land fishing room &c. &c. with whatever erections are thereon which he now occupies-
To my son William during his lifetime, and afterwards to his son Samuel and his lawful male issue, all the land fishing room &c. &c. with whatever erections are thereon which he now occupies.
To my son Thomas during his lifetime and afterwards to his son Isaac and his lawful male issue the house which we now jointly occupy with all the land, fishing room &c. &c. and all erections thereon (save & except those hereinafter declared to be otherwise) together with all the furniture in our said house (save and except what is in my own Bedroom, which is for the use of my wife Mary Batten during her lifetime, and after her decease shall belong to my son Thomas's son Isaac & his male issue- In the event of my son Thomas dying before his son is of age- it is my wish and desire that his wife Mary Batten shall have and use the same for the support of herself & children during her lifetime, and in the event of the children dying before her, she must at her decease leave it to some other member of my family, or their descendants, using her own discretion in the choice. In the event of the grandsons before named dying without lawful male issue, their next brother (if any) is to have the lands &c. before named. I give and bequeath to my lawful wife Mary Batten the sum of twenty pounds a year during her life (if so much remains after my lawful debts are paid) and she is to have & occupy the bedroom with the furniture now therein while she may require it- then to be given as above declared- and I further wish that my said wife- and my son Thomas' family shall & will live amicably & assist each other as far as possible- Whatever money may remain after my wife's decease to be equally shared between my four sons their heirs &c. &c. (save and except the sum of fifty pounds, hereinafter named.- The waterside of the properties before named to my sons John and Samuel has not been divided between them, but must be, so that each may have his fair proportion of room for flakes &c.-
If so much money remains after my wife's decease and interment I hereby give to my daughter Mary Spencer the sum of fifty pounds of (if not) her proportion of the same- and if I have not paid my sons William and Thomas before my decease the sum of twenty five pounds cy each they must be paid the same, immediately after my decease before any other legacy- The pew in the church in Bareneed belonging to me I give and bequeath to Isaac son of my aforesaid son Thomas & his heirs &c- The Barking kettle, blocks &c. to be for the joint use of my four sons & their heirs &c. The stage on the Point and the store to be also for their joint use and to be kept in repair by them. The land at Southern Gut belonging to me is to be equally divided between my four sons, or to be sold and the proceeds thereof equally shared between them & their heirs &c. All debts due to me I freely forgive. And I hereby make constitute and appoint my eldest son John, my second son Samuel and my youngest son Thomas to be joint executors to this my last will and to carry out the same according to my herein declared wish In witness whereof I have hereunto set my hand and seal the day and date before named
Samuel his X mark Batten (LS) Signed sealed and declared by the said Samuel Batten Senr. as his last will and testament in our presence who at his request in his presence and in the presence of each other, have hereunto set our names as witnesses, Jno. Maddock, Samuel Daw.
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. 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 & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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