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A Collection of Newfoundland Wills (B)
George Burton


Will of George Burton
from Newfoundland will books volume 1 pages 592 & 593 probate year 1850

In re
     George Burton      deceased.

In the name of God Amen, I George Burton of Saint John's in the Island of Newfoundland Gentleman being of sound mind memory and understanding do make this my last will and testament in manner following (that is to say) It is my particular request to my family and executors that my funeral may be conducted with the least possible expense And whereas my deceased mother the late Sarah Burton of Saint John's aforesaid did by her last will and testament bearing date the first day of December A.D. 1802 devise and bequeath to me for the term of my natural life and at my decease to be divided amongst my children the following property one half of the premises occupied by Messrs. Laurence O'Brien & Company and formerly by Messrs. Hart & Eppes. The premises occupied by Messrs. Parker & Gleeson on the lower side of the Road leading to Chain Rock and the plot of ground in the rear thereof occupied by the widow Moore & her son being the same premises formerly occupied by John Kemp together with the farm in the rear of Michael Allen's and formerly occupied by Patrick Stokes, and considering that the said property could not be satisfactorily divided it is my wish that my executors hereinafter named should be allowed to receive the rents arising therefrom as they shall become due and distribute the same equally amongst my eight children. And in respect to my own exclusive property I give and bequeath it in the following manner As a remuneration for monies advanced by them for the benefit of my family I give and devise to my son in law John DeGrave Ryland and to his wife Eliza Frances Ryland for the term of their natural lifes and that of the survivor of them all my right title and interest in and to a certain fishing room or plantation with its appurtenances situated on Magotty Cove Saint John's aforesaid and at present occupied by John Holwell and after the decease of them the said John DeGrave Ryland and Eliza Frances Ryland respectively then I give the same premises to such part of my family of sons and daughters as shall be then living and to their heirs.
Item, I give and devise to my sons John Thomas Burton and Adelaide his wife, and to William DeGrave Burton and Charlotte Honora his wife during the term or terms of their natural lives a plot of ground adjoining the before mentioned farm, bounded on the north by the fence of the yard occupied by my son George Bollard Burton and on the south by ground belonging to Roger Flahavan, on the east by a path leading to the said Flahavan's ground and on the west by a plot of ground held by me under a Government lease saving and excepting a road of ten feet width & leading up by the side of the Brook which is to be left for an entrance to the plot of ground so held under Government lease And from and after the decease of my said sons and their wives respectively then I give and devise the said plot of ground to and among such other part of my family as may be then surviving and to their heirs.
Item, I give and devise to my daughters Maria Burton, Mary Burton and Lucinda DeWolf Burton all my right title and interest in and to that piece or plot of ground above referred to as being held by me under a Government lease consisting of four acres or thereabouts (subject nevertheless to the performance of such conditions which in the lessees part are to be observed and kept) And in case of the marriage of any or either of my said three daughters then it is my will that the husband or husbands of such married daughter or daughters shall have and enjoy a life interest in his wife's share of the said property in the event of such husband or husbands surviving his or their wives. And in the event of any or either of my said three daughters dying the one before the other then the share or shares of the deceased shall belong to the remaining survivor or survivors of them, subject to the operation of the aforesaid contingency of marriage.
Item, I give and devise to my said daughters Maria Burton and Mary Burton my bed bedstead and bed Clothes together with a small feather bed and all of my household furniture. And I nominate and appoint the Reverend F.F.H. Bridge, and the Revd Charles Blackman of Saint John's aforesaid executors of this my will.
In witness whereof I the said George Burton have to this my last will and testament set my hand and seal this twelfth day of February in the year of our Lord one thousand eight hundred and forty six. George Burton (LS)
Signed sealed published and declared by the said George Burton the testator as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses, the words "own exclusive" being first written upon an erasure on the 7th line from the top 2nd page and the work "THREE" interlined between the 30th and 31st lines 3rd page. T. Stewart, Not. Pub.     Elias Rendle.     John D. Ryland.

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 & Ivy F. Benoit

Page Revised by Ivy F. Benoit (May 14, 2003)

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