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A Collection of Newfoundland Wills
(B)
John Butler

 

Will of John Butler
from Newfoundland will books volume 2 pages 143-144 probate year 1853

In re
     John Butler      deceased.

Port de Grave, Newfoundland. In the name of God Amen. Know all men by these presents that I John Butler of Port de Grave in the Island of Newfoundland, being of sound mind and memory do on this the thirteenth day of December in the year of our Lord one thousand eight hundred and fifty two make this my last will and testament in and by which I dispose of all my property real and personal in the manner and to the parties hereinafter mentioned, viz,
To my sons John, Robert, Charles, William, James and Joseph I give and bequeath in equal proportions to each, my fishing room together with the store, wharf, flakes, caplin seines, nets, casks and all other appurtenances belonging thereto not hereinafter mentioned, the said fishing room being bounded on the south by the sea on the west by a fishing room called the Burnt property on the North by land at present occupied by and hereinafter bequeathed to my son Robert and on the east by a fishing room of Charles Cousins Esq.
To my sons John, Robert, Charles, William, James and Joseph I also give and bequeath in equal proportions to each all my right title and interest in an undivided property called as aforesaid the Burnt property bounded on the south by the sea on the west by property of John Butler, on the north by land of William Efford and on the east by the fishing room above mentioned.
To my son Robert I give and bequeath the land which he has hitherto occupied in connection with his house And after his decease it is my will that the aforesaid land be given and bequeathed to his three sons Robert, William and Benjamin to be equally divided between them.
To my son John I give and bequeath the land which he has hitherto occupied in connection with his house.
To my sons John, William, James and Joseph I give and bequeath in equal proportions to each the garden in immediate connexion with my dwelling house, except that part of it situated aback of my dwelling house which has of late been occupied by my son Robert to whom I give and bequeath it.
To my sons William, James and Joseph I give and bequeath in proportions of equal value to each my dwelling house together with the land on which it stands and all other appurtenances belonging thereto not included in other bequests.
That part of my large potato garden which has been occupied by my son Robert I give and bequeath to him and the remaining part thereof I give and bequeath in equal proportions to my sons John, Charles, William, James and Joseph.
To my sons John, Robert, Charles, William, James and Joseph I give and bequeath in equal proportions to each all my right title and interest in and to an undivided property at Lower Back Cove bounded on the north by the sea, on the east by land of Samuel Butler on the south by the road leading to North-East Cove and on the west by land of Charles Cousins Esqr.
My boat together with its equipments and cod seine I give and bequeath in equal proportions to my sons John, William and Joseph.     I require my sons John and Robert duly and promptly to defray all expenses connected with my funeral and the purchase of head stones for myself and my late beloved wife out of any money which I may leave.
To my son John I give and bequeath the sum of twenty pounds currency in cash in consideration of his expenses in building his house.
To my son Robert I give and bequeath the sum of twenty pounds currency in cash on the same consideration.
To my son Charles I give and bequeath the sum of five pounds currency in cash.
To my son James I give and bequeath the sum of ten pounds currency in cash.
To my son Joseph I give and bequeath the sum of five pounds currency in cash.
To each of my daughters Mary Butler and Hannah Brown I give and bequeath the sum of five pounds currency in cash.
The remainder of my property in money, goods and chattels I give and bequeath in equal proportions to my sons John, Robert, Charles, William, James and Joseph. And be it further known to all whom it may concern that I appoint and hereby authorise my sons John and Robert to act as executors of this my last will and testament and I do hereby solemnly charge them duly and faithfully to execute the same. With regard to the divisions of my property herein specified among my sons herein mentioned it is my will that they should be made according to seniority. The eldest son to have the first choice and the other sons their choice in succession according to their respective ages.
In witness hereunto I set my hand and seal.
John his X mark Butler (LS)
Signed sealed and acknowledged in presence of
Thomas Smith,     Samuel Daw,     Crispus Boon.

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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