Will of William Brown
from Newfoundland will books volume 2 pages 323 to 327 probate year 1859
William Brown deceased.
In the name of God Amen. I William Brown of Kings Cove in Bonavista Bay Newfoundland Merchant and Planter, being of sound and disposing mind memory and understanding but mindful of my mortality do make my last will and testament as follows, First, I desire to be decently buried in the Churchyard belonging to Saint James's Church Kings Cove, should I happen to die in or near that place, or if I should die at some other and far distant place I desire that my remains be interred in consecrated ground attached to some place of Worship connected with the Church of England, and also that my executors hereinafter named erect over my grave at my expense a decent Tombstone. I give devise and bequeath my dwelling house situate in Kings Cove together with the premises land and appurtenances thereto belonging and adjoining unto my grandson Edward son of George Brown his heirs, executors and administrators if she shall survive me but in the event of his decease in my lifetime then to the next and every other son of the said George Brown severally and successively according to priority of
age birth their heirs executors and administrators I give devise and bequeath my Cowhouse situate in Kings Cove aforesaid and lying on the east side of the pathway lying between the dwelling houses of Thomas Brown and George Brown unto my grandson John second son of George Brown his heirs executors and administrators if he shall survive me but in the event of his decease in my lifetime then to such his brother as under the last devise and bequest shall be entitled to my said dwelling-house and premises lands and appurtenances-
I give devise and bequeath my meadow in Kings Cove aforesaid together with the small cow-house partly built thereon at the eastern end thereof which said meadow is bounded on the north side by a garden belonging to my grandson William son of John Brown, east by the lane running from the west end of Thomas Brown's dwelling house towards his new cow house in the Plate Cove Road South by the dwelling house and garden of George Brown and West by a small garden belonging to Robert Brown: unto my grandson Edmund William son of Robert Brown his heirs executors and administrators if he shall survive me but in the event of his decease during my lifetime then to the next and every other son of the said Robert Brown severally and successively according to priority of birth their heirs executors and administrators.-
I give devise and bequeath the dwelling house situate in Kings Cove aforesaid together with the premises land and appurtenances whatsoever thereto belonging at present in the occupation of James Stewart Esquire, J.P. unto my grandson William (son of my daughter Rebecca the wife of the said James Stewart) his heirs executors and administrators if he shall survive me but in the event of his decease in my lifetime then to the next and every other son of the said Rebecca Stewart severally and successively according to priority of birth their heirs executors and administrators.-
I give and bequeath to each of my three grandsons James, John and William, the children of my deceased son Henry Brown if they shall survive me the sum of fifty pounds currency and in the event of either or any of them dying in my lifetime the legacy of the one so dying to go to his children (if any) the receipt of their surviving parent being a sufficient discharge to my executors for the payment of the same but in the event of his death without issue then his legacy to be paid to the surviving brothers or brother but in the event of their all dying in my lifetime and without issue then the sum of one hundred and fifty pounds currency the amount of their said three legacies to be paid to Hannah Brown the widow of my said deceased son Henry Brown
I give and bequeath to my daughter Mary wife of Edward Mifflen of Bonavista her heirs executors and administrators the sum of three hundred pounds currency I give and bequeath to the woman who shall have acted as chief nurse to me during my last illness provided that she shall have so acted for the space of thirty days previous to my death the sum of ten pounds currency and in case any dispute should arise between any two or more women regarding this legacy then I direct the same to be paid to the woman whom my executors or a majority of them shall judge best entitled thereto on account of her services to me-
I give and bequeath to my grandson Edmund William son of Robert Brown and to my grandson William son of Thomas Brown one dozen silver tablespoons and one dozen silver teaspoons to be divided between them share and share alike.-
Also to my said grandson Edmund William my bed and bed clothes which said spoons, bed and bed clothes I hereby direct my said executors to deliver up after my death to their respective parents or guardians to be kept by them in trust for my said grandsons Edmund William Brown and William Brown respectively until they shall marry or attain the age of twenty one years.-
I give and bequeath to my grandson John son of George Brown the bed and bed clothes belonging to the large bed-room at the west end of my house.-
I give and bequeath to my grandson James son of Thomas Brown my gold watch, such two last bequests to be in like manner delivered to the parents or guardians until my said respective grandsons shall marry or attain their majority-
And subject to the specific legacies aforesaid I give and bequeath unto my grandson Edward son of George Brown all my household goods and furniture, plate, linen and china of which I may die possessed.-
And as to all the rest, residue and remainder of my estate both real and personal not hereby or otherwise heretofore already disposed of I give and bequeath the same to my seven sons, William, Thomas, Joseph, James, John, George and Robert and their respective heirs executors and administrators equally to be divided among them share and share alike. And I hereby strictly charge and enjoin my said seven sons and their respective heirs to pay to my daughter Rebecca Stewart during her life out of each of their said seven shares the sum of three pounds currency every year making in all twenty one pounds annually the first of such annual payments to be made upon the first division of any part of my said residuary estate all such payments to be made not in money but in such articles of provision or apparel as my said daughter shall choose (so long as her husband the said James Stewart shall live) And I hereby appoint the Reverend John Moreton at present residing in Kings Cove aforesaid and my two sons Thomas Brown and James Brown executors of this my will and revoking all former wills by me at any time heretofore made I declare this to be my only last will and testament.
In witness whereof I have to each sheet of this my will contained in three sheets of paper set my hand this twenty fifth day of April in the year of our Lord one thousand eight hundred and fifty six.
Signed by the testator as his will in the presence of us who being present at the same time have hereunto subscribed our names as witnesses in his presence and in the presence of each other.;
William Hartry, John Coffin.
This is a codicil to the will of me William Brown of Kings Coved in Bonavista Bay Newfoundland Merchant and Planter, Whereas shortly previous to the signing of my will I did by sundry instruments or deeds of gift under my hand and seal and duly attested convey to the parties therein named the several properties therein described or mentioned and in particular by one or such instruments or deeds of gift dated the nineteenth day of April one thousand eight hundred and fifty six I gave unto my son George Brown all that my meadow formerly a garden situate in Kings Cove aforesaid and lying to the northward of the dwelling house now occupied by James Curtis Also all that tenement or building which contains my shop and under store-house with all the appurtenances thereto belonging Also my other storehouse lying near or situate towards the north-west of the said shop and on the south side of the said public pathway Also all that my fishing room and the appurtenances thereto belonging which were heretofore in my own use and occupation Also all that my salt store with the appurtenances thereto belonging situate lying and being on the south side of the harbour of Kings Cove aforesaid And also all my boats and other fishing craft and all other implements whatsoever connected with the fishery and whatsoever is found upon the said room or in the said stores-
Also all the stock in trade, book-debts, bonds or other securities contracted in the course of trade or any balances thereon now due to me to have and to hold the same to himself the said George Brown his heirs executors administrators and assigns for ever.-
And by another of such instruments or deeds of gift of the same date I gave unto my two sons John Brown and George Brown all that building or tenement in Kings Cove aforesaid known as my Upper Store and situate lying and being on the north side of the public pathway which runs between and adjoining to my two storehouses one of which is the said Upper Store; Also all that the fishermen's house lying near or adjoining to my said Upper Storehouse to have and to hold the same premises to themselves the said John Brown and George Brown their heirs executors administrators and assigns for ever as tenants in common and not as joint tenants.-
Now I hereby declare it to be my will and intention that if any one or more of my sons or others interested in my residuary estate under my said will shall upon any pretence or pretext whatsoever by proceedings at law or by any other means whatever seek or attempt to disturb or set aside any of the dispositions or provisions either of my said will or of any of the aforesaid instruments or deeds of gift then and in such case the share or shares of my said residuary estate to which such son or sons or other interested as aforesaid would otherwise have been entitled under my said will shall be utterly forfeited and such son or sons or others so seeking or attempting as aforesaid shall derive no benefit whatever under my said will but the share or shares to which he or they would otherwise have been entitled as aforesaid shall go and be divided equally between and among my remaining sons entitled to share in my residuary estate under my said will their respective heirs executors and administrators share and share alike yet subject to the payment of a due proportion of the annuity of twenty one pounds per annum to my daughter Rebecca Stewart charged thereon by my said will.
In witness whereof I have hereunto set my hand this twenty first day of march in the year of our Lord one thousand eight hundred and fifty seven.
Signed by the said testator as a codicil to his will in the presence of us who being present at the same time have hereunto subscribed our names as witnesses in his presence and in the presence of each other.
William Hartry, John Coffin.
D. M. Browning