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A Collection of Newfoundland Wills
As always, confirm these, as you would any other source material.
Will of James Brine
from Newfoundland will books volume 1 pages 396 to 398 probate year 1842
James Brine deceased.
This is the last will and testament of me James Brine of St. John's in the Island of Newfoundland Gentleman. I do hereby revoke all former wills and codicils. I appoint my son James Brine to be my sole executor. I give devise and bequeath unto my said son James my estate and premises situate in Magotty Cove in the said Town of St. John's commonly called Langs Room with all the easements privileges and appurtenances thereunto belonging subject only to the proviso against aliening hereinafter contained and on his death to his eldest son lawfully begotten and so on in a direct line of descent for ever to the eldest son it being my desire that the said estate shall go the heir at law according to the rules of descent applicable to real estate in England and in case my said son shall not at his death leave him surviving any son then to the right heirs of my said son & their heirs. I give devise and bequeath unto my said son James all the rest of my landed estate in Newfoundland freehold leasehold or of whatever other nature subject to the proviso against aliening and also subject to the uses trusts and charges hereinafter mentioned that is to say, in trust to pay unto each of my daughters Elizabeth, Fanny and Jane in two equal half yearly payments out of the rents and profits of my said last mentioned estate the clear annual sum of Eighty pounds sterling money of Great Britain the said annual sum of eighty pounds to be paid unto each of my said three daughters independent of any present or future husband and not to be subject to his her or their debts or control and on the death of any of my said daughters who shall leave a child or children in trust to pay unto such child or children the amount hereby made payable to the mother such children to take the said amount share and share alike And I hereby charge all my landed estate in Newfoundland (except Langs Room as aforesaid) with the payment of the said annuities.
I also will and direct that the dwelling house in which I now reside and its appurtenances shall be held by my said executors in trust for the use of my said daughter Fanny so long as she shall live unmarried and so soon as she shall marry or die the said house with its appurtenances shall be let for the best rent that may be obtainable for the same and the amount of rent arising therefrom shall be divided share and share alike amongst my said children James Elizabeth Fanny and Jane or such of them as shall be alive and the children or child of such as shall have died such children to take per stirpes and not per capita. I also will and direct that my said executors shall let for the best rent that may be obtainable for the same the field and garden opposite the house in which I now reside and the annual rents and profits arising therefrom shall also be divided share and share alike amongst my said four children or such of them as shall be alive and the children or child of such as shall have died such children to take per stirpes and not per capita
I also will and direct that after the expiration of the subsisting lease under which the premises occupied by Messrs. James Tobin and Company are held the said premises shall be let for the best rent obtainable for the same and if such rent shall exceed the rent now paid for the same the surplus of such rent over the present rent shall also be divided share and share alike amongst my said four children or such of them as shall be alive and the children or child of such as shall have died such children to take per stirpes and not per capita.
And I hereby will and direct and I declare that the foregoing devises and bequests are made to my said son upon the express condition and trust that neither he nor his heirs shall at any time sell mortgage alien or convey except on reasonable leases any part of my said landed estates.
I give and bequeath unto my said children James, Elizabeth, Fanny and Jane to be divided equally amongst them or such of them as on my death shall be alive and the child or children of such of them as shall have died such children to take per stirpes and not per capita all my moveable property consisting of household furniture money goods securities and debts that shall remain after payment of my just debts now due and accruing except the boats, craft, building and other materials now on or used for building Langs Room which said boats craft and materials shall be applied and used towards completing the erections and buildings now in hand on the said premises.
In witness whereof I have hereunto set my hand and seal at St. John's this twenty eighth day of July A.D. 1842. James Brine (LS)
Signed and sealed by the above named James Brine and by him published and declared as and for his last will and testament in the presence of us who have hereunto in his presence and in the presence of each other subscribed our names as witnesses.
Bryan Robinson. H.T. Dacres. H.P. Thomas. Thomas F.H. Bridges.
D. M. Browning
|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 (April 12, 2003)
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