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A Collection of Newfoundland Wills
(B)
James Butler

 

Will of James Butler from Newfoundland will books volume 2 pages 64-65 probate year 1851

In re
     James Butler      deceased.

In the name of God, Amen. The twenty seventh day of September in the year of our Lord one thousand eight hundred and forty nine. I James Butler of the Township of Port de Grave in Conception Bay, Newfoundland, Planter, being weak in body but of perfect mind and memory thanks be given unto god therefore calling unto mind the mortality of my body knowing that it is appointed unto all men once to die do make and ordain this my last will and testament, that is to say principally and first of all I give and recommend my soul into the hands of Almighty God that gave it and my body I recommend to the earth to be buried in decent Christian burial at the discretion of my executors nothing doubting but at the general resurrection I shall receive the same again by the almighty power of God. And as touching such worldly estate wherewith it has pleased God to bless me in this life, I give demise and dispose of the same in the following manner and form.
First I give and bequeath unto my beloved son William butler, half of my plantation (except the house I now live in) including stages, flakes, stores and gardens to have possess and use as he may think proper to the end of his natural life and if his present wife Jane Butler should survive him I wish and desire that she may have and enjoy her husband portion while she lives, and at their decease I will and direct that all the above be give to their son-in-law Gedian Butler his heirs and assigns for ever.
Also I give and bequeath to my beloved grandson James butler the son of my beloved son George Butler the other half of my plantation (exceping also the house I now live in at present) including stages flakes, stores and gardens, now in the occupancy and possession of Grace Butler the wife and relic of my late son James Butler and whom I wish may enjoy the above while she live but at her death to be freely possessed by my above named grandson James Butler and his heirs and assigns for ever.
Also I give and bequeath to my beloved grand daughter Grace Butler the house I now live in and all my goods and chattels (except certain articles otherwise disposed of) and to her heirs and assigns for ever.
Also I give to my grandson James Butler the son of George Butler one maogany table and six chairs,
Also I give and bequeath to my beloved sons William and George Butler whatsoever money I many have at my disease to be equally divided between them and do likewise constitute and make or ordain them my sole executors of this my last will and testament and I do hereby ratify and confirm this my only and last will and testament.
In witness whereof I have hereunto set my hand and seal this day and year above written
James Butler his X mark.
Signed sealed published pronounced and declared by the said James Butler as his last will and testament in the presence of us the subscribers.
Jonathan Butler.       John Butler.
Be it known unto all men by these presents that I James Butler of Port de Grave Planter have made and declared my last will and testament in writing bearing date the twenty seventh day of Sepr. one thousand eight hundred & forty nine.
I the said James Butler by this present codicil do ratify and confirm my said last will and testament and do further give and bequeath unto my beloved grandson Gideon Butler all that dwelling house and outhouses and all the land on which it stands and with which it is connected which is situated on the west of this Port de Grave Harbour and is bounded on the west by the land of Mr. William Brown on the east by the late Jabas & Calash Butlers on the north by the commons and on the south by water and to his heirs and asigns for ever and my will and meaning is that this codicil be adjudged to be a part and parcel of my last will and testament and that all things therein mentioned and contained be truly and faithfully performed and as fully and amply in every respect as if the same were declared and set down in my said last will and testament.
Witness my hand this twentieth day of February one thousand eight hundred and fifty one.
James Butler his X mark.
Signed in the presence of us,
James Butler,     Charles Tucker, his X mark.
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 & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013 AST)

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