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A Collection of Newfoundland Wills
(B)
William Branscomb

 

Will of William Branscomb
from Newfoundland will books volume 1 pages 283 to 285 probate year 1839

In re
     William Branscomb       deceased.

This is the last will and testament of me William Branscomb of Saint John's in the Island of Newfoundland Blockmaker. I give devise and bequeath all my property which shall consist of lands houses or other buildings of which I shall be possessed or entitled to at the time of my decease or over which I have a disposing power whether the same consists wholly or in part of estates of freehold or for years or of any other nature or kind whatsoever unto my good friends Peter Weston Carter of Saint John's Newfoundland aforesaid Esquire and Samuel Mudge of same place Merchant and their heirs executors administrators and assigns upon trust that they the said Peter Weston Carter and Samuel Mudge and the survivor of them and the heirs executors administrators and assigns of such survivor do and shall stand and be seized and possessed thereof to for and upon the several trusts hereinafter mentioned and declared of and concerning the same that is to say upon trust to reimburse and indemnify themselves for all expenses to which they may be put in carrying into effect this my will and the annual expenses incident to the insurance, improvement and keeping in repair of any of the said premises respectively, and after payment of such expenses in trust to pay the net rents year by year as they become due of that part of my said estate situate on the north side of Water Street in the Town of Saint John's in Newfoundland now let to John Bovay and that part let to Thomas Connell and of of my field on the Barrens near the Topsail Road now occupied by myself unto my son Richard during the term of his natural life and also that part of my premises on Water Street which I have formerly occupied at a workshop and which adjoins the part let to Bovay, and upon the death of my said son Richard upon trust to convey the said premises to such person or persons and in such proportions as would be entitled to the personal estate of my said son in case he had died intestate. And upon trust to convey as soon as conveniently may be after my decease to my son William those premises fronting on Water Street and on Williams Lane now under lease to John Long and those other premises in the said Lane now under lease to John Sanders and those other premises fronting on the said Lane now under lease to Patrick Kelly and that part of those other premises fronting on Duckworth St under a joint lease to William Freeman and William Thomas which is at present in possession of the said William Freeman or his under tenants and also my large meadow on the north of Duckworth Street between the land of Thomas Williams and French's Plantation, all which are to be conveyed to my said son William his heirs and assigns for ever.
And upon trust to convey to my son James his heirs and assigns for ever as soon as he attains the age of twenty one years all that part of the said premises fronting on Duckworth Street and adjoining Williams Lane lot as aforesaid under a joint lease to William Freeman and William Thomas which is at present in possession of the said William Thomas and his undertenants and also the dwelling house which I at present occupy and all that part of my plantation in Saint John's situate between Thomas Williams meadow and the road leading from the Amateur Theatre at the south west end of Mr. Peter Carter's house to the Barrens including the houses behind my own at present let to Dunn, Emmett, Bridget Duggin and John Murphy and my present workshop but not including the house and premises adjoining my own at present let to John Nichols, and I direct that until my said son James becomes of age the rents and profits of the said premises intended for him shall be applied to his maintenance and education and the placing him out to such business or profession as at the proper age he may elect.
And upon further trust that they my said trustees or the survivor of them his heirs and assigns executors or administrators do and shall convey to my four daughters Mary Amelia Leonora and Sydney their heirs and assigns as soon as conveniently may be after the youngest becomes of the age of twenty one years all those premises to me belonging situate on the south side of Water Street in the town of Saint John's aforesaid between the premises of Thomas Williams and the premises of John Danscomb and his partners, whereof part are let to Benjamin Williams and John Nichols part are at present in my own possession and part untenanted, and also the dwelling house with the garden and appurtenance on the north side of Duckworth Street adjoining my own dwelling house now let under lease to John Nichols and also the field and premises near Casey's Farm let to Patrick Casey.
And upon trust that until my youngest daughter attains the age of twenty one years the net proceeds of the rents issues and profits of the said premises so intended to be conveyed to my daughters shall be equally divided between them the proportion for such of them as may be under twenty one years and unmarried to be applied to the maintenance and education of such of them so being under age and unmarried
And upon trust as to all other my lands plantations and premises to convey the same to all my children their respective heirs and assigns in equal proportions as tenants in common. And I do hereby further direct that if any or either of my said children shall depart this life under the age of twenty one years, or being a female under that age and unmarried, the property or share of property hereinbefore directed to be conveyed to such son or daughter shall be conveyed by my said trustees to the surviving brothers and sisters their respective heirs and assigns in equal proportions as tenants in common.
I give and bequeath to my niece Amelia Davis the sum of one hundred and thirty pounds sterling and all the residue of my personal estate I give and bequeath to my sons and daughters in equal proportions
And I do hereby nominate and appoint the said Peter Weston Carter and Samuel Mudge executors of this my last will and testament and Guardians of such of my children as may be under age at the time of my decease.
In witness whereof I have hereunto set my hand and seal in Saint John's Newfoundland this eleventh day of July in the year of our Lord one thousand eight hundred and thirty four. Wm. Branscomb (LS)
Signed sealed published and declared by the said William Branscomb as and for his last will and testament in the presence of us the words "intestate" and "last" being on alterations "to be" being struck out and "their respective heirs and assigns" being interlined in two places. W.B. Row.   John Noon.   John Hayward.

This is a codicil to the last will and testament of me William Branscomb of Saint John's in the Island of Newfoundland, Blockmaker. I give and bequeath all my household furniture plate linen china books and pictures which I may be possessed of at the time of my decease to my executors in trust for the use and benefit of such of my daughters as may remain unmarried and upon the marriage or decease of the last of them who may remain unmarried in trust to sell and dispose of the same and apply the produce thereof in such manner as the residue of my personal estate is directed in my said will to be applied. And I direct that my pew in the Established Church in st. John's shall remain unsold for the use of all my family until such time as they may all consent to the sale thereof.
In testimony whereof I have hereunto set my hand and seal the nineteenth day of January one thousand eight hundred and thirty nine. Wm. Branscomb (LS)
Signed sealed published and declared by the said William Branscomb as and for a codicil to his last will and testament in the presence of us who at this request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses. Edward Kielley, Medl Attendant.   P. W. Carter, J.P.    A. Hogsett, Coroner & Clk of the Peace.

Certified Correct,
D. M. Browning
Registrar

 

 

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 (February 17, 2003)

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