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A Collection of Newfoundland Wills
Benjamin Brooks


Will of Benjamin Brooks
from Newfoundland will books volume 1 pages 260 to 262 probate year 1837

In re
     Benjamin Brooks       deceased.

In the name of God Amen. I Benjamin Brooks of Ringwood in the County of Hampshire England but now of Twillingate in the Island of Newfoundland Planter Dealer and Chapman being of perfect sound and disposing mind memory and understanding do make this my last will and testament in the manner and form following, that is to say, Principally and first of all I give and bequeath my soul into the hands of Almighty God who gave it when it shall please him to call me from this life and my body I direct to be buried in decent Christian burial at the discretion of my dear wife Mary Brooks or of my executors hereinafter named And as touching such worldly goods as it hath pleased God to bless me with in this life I give and bequeath unto my dear wife Mary Brooks all and every my Rooms, Plantations Stores Dwellings erections or buildings, and all landed property or properties or possessions whatever to me belonging and all property or properties to me assigned mortgaged or made over in security together with all cattle merchandise effects and goods all nets boats schooner and craft and all fixtures and moveable property of any sort whatsoever to me belonging or possessed by me and also all outstanding debts rents credits payments monies balances mortgages or securities to me due and belonging to be freely possessed by her the said Mary Brooks for ever saving and excepting any such part thereof as may be required for the discharge of any lawful debts by me owing at my decease. And I do hereby direct that all and every the debt and debts and all and every the sum and sums of money which shall be due to me at my decease shall be got in and received as soon after my decease as may be and the same shall as far as necessary be paid and applied in for and towards the discharge of my debts and funeral expenses and should those sum or sums of money not prove sufficient for these purposes so named I desire and direct that so much of my other property as may be required be disposed of at the best price and advantage at the discretion of my dear wife and my executors hereinafter named and the proceeds thereof applied to such discharge and payment. And I do hereby nominate and appoint Mr. Robert Tremlett, Surgeon, and Mr. Thomas Maximilian Lyte both of Twillingate in the Island of Newfoundland Executors of this my last will and testament provided always and my last will and mind nevertheless is, and I do hereby direct that they the said Robert Tremlett and Thomas Maximilian Lyte and each of them their and each of their executors administrators and assigns shall and may deduct and receive and shall also pay out of such monies as by virtue of these presents shall come into his or their hands to his or their co-executor or executors, respectively, not only all such costs, charges, damages and expenses which he they or any of them shall or may bear pay and sustain or expend or be put unto, but also all such sum and sums of money as they or any of them shall reasonably deserve for his or their care trouble and pains in and about or any ways relating to the said executorship or the executing and performing all or any of the trusts aforesaid. And that they the said Robert Tremlett and Thomas Maximilian Lyte or either of them their or either of their executors administrators or assigns shall not be charged or chargeable but only each of them for his own respective receipts payments acts and wilful defaults and not otherwise or with any sum or sums of money other than shall actually come to their or his hands respectively by virtue of this my with or with any loss or damage which may happen in placing paying or applying any of the monies or credits aforesaid And that they or any of them shall not be liable for or chargeable with any loss or damage which may happen by reason of the said executorship the execution or performance of any of the trusts hereby in them reposed without his or their respective wilful default. And I do hereby utterly revoke and disannul all and every other former will and wills legacies or requests by me in any wise before made done or executed ratifying and confirming this and no other as my last will and testament.
In witness whereof I have hereunto set my hand and affixed my seal at Twillingate in the Island of Newfoundland aforesaid in the presence of the witnesses whose names are hereunto respectively signed, this sixteenth day of January in the year of our Lord one thousand eight hundred and thirty six. Benjn Brooks (LS)
Signed sealed and delivered by Benjamin Brooks as his last will and testament in the presence of us who in his presence and in the presence of each other have hereunto affixed our names as witnesses to the same at Twillingate Jan. 16th 1836, Abrm A. Pearce   Joseph J. Pearce.

Certified Correct,
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 (March 10, 2003)

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