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A Collection of Newfoundland Wills
(B)
Joseph Butler

 

Will of Joseph Butler
from Newfoundland will books volume 6 pages 96-98 probate year 1894

Last Will and Testament of
Joseph Butler of Middle Bight
Planter deceased.

      In the name of God Amen I Joseph Butler of Middle Bight South Shore Con. Bay in the Island of Newfoundland Fisherman and Farmer being very sick and weak in body but of perfect mind and memory and knowing that it is appointed for all men once to die, do make and ordain this my last will and Testament.

In the first place I give and bequeath to my son Joseph that piece or parcel of meadow land situate and being in Middle Bight North of the main road and bounded as follows, North by rail track, East by land I intend giving my son Reuben, west by my brother Charles land and South by land I have given my son Alfred. I also give my son Joseph half of my store, my son Alfred having the other half, also half of the flake my son Alfred having the other half. I give to my son Joseph the house he is now living in and the stable.

Second I give to my son Joseph that piece or parcel of land situate and being in Fox trap and bounded as follows, north by Jacob Cable, east by land I have given my son Alfred, west by land I intend giving my son Reuben and south by main road the railroad is through the said piece of land.

Third I give and bequeath to my son Joseph that piece of cultivated and uncultivated land situate and being in Middle Bight south of the main road and bounded as follows: North by land I have given my son Alfred, east by my brother Charles' land south by land I intend giving my son Reuben and west by Middle Bight Country road.

Fourth To my son Reuben I give and bequeath that piece or parcel of meadow land I bought from my brother James and bounded as follows north by railtrack east by William Butler's land west by my son Joseph's land and south by the road leaving to William Butler's house I also give him the store that is on the said piece of land and the caplin seine herring net and moorings and grapnels.

Fifth I give and bequeath to my son Reuben that piece or parcel of land situate and being in Foxtrap and bounded as follows: north by Jacob Butler's land, east by my son Joseph's land west by the river and south by main road.

Sixth I also give and bequeath to my son Reuben my dwelling house goods and chattels stable and cellar and all the land surrounding the said property - bounded as follows north by land I have given my son Joseph, east by my brother Charles' land west by Middle Bight Country road and south by Joseph Pettens land.

Seventh I give also to my son Reuben that piece of cultivated and uncultivated land between Foxtrap Gully road and Middle Bight Country road bounded on the south by land owned by Robert Harris of Jas North by Henry Harris and John Bishop's land east by Foxtrap Gully road and west by Middle Bight Country road I bought the said land from the late Richard Parmiter.

Eighth my wife Patience is to live with my son Reuben and he is to support her and keep her comfortable during the term of her natural life.

Ninth. The Beach north of the railtrack is to be divided into three equal shares between my three sons Alfred, Joseph and Reuben.

Tenth I give to my son Joseph the land that his Dwelling house is on together with the kitchen garden North of the dwelling house and the kitchen garden on the South of his house, bounded on the south by the piece of land I have given my son Alfred and on the East by William Butler.

And I do hereby utterly disallow, revoke and disannul all and every other former Testaments wills and bequests (except the deed of Gift of his portion of land that I have given and set over unto my son Alfred and his heirs for ever) by me in any wise before named willed and bequeathed ratifying this and no other to be my last will and Testament.

      In witness whereof I have set my hand and seal this 5th day of September in the year of our Lord one thousand eight hundred and ninety four. (Sgd) Joseph his x mark Butler (LS) Signed Sealed published pronounced and declared by the said Joseph Butler as his last will and Testament in the presence of us who in his presence and in the presence of each other have hereunto subscribed our names as witnesses (sgd) Francis F. Furneaux. Commissioner of Supreme Court of Newfoundland (sgd) Henry Harris.

Codicil.

Be it known unto all men by these presents that I Joseph Butler of Middle Bight South Shore Conception Bay in the Island of Newfoundland Fisherman and Farmer have made and declared my last will and Testament in writing bearing date the 5th day of September 1894 I the said Joseph Butler by this present codicil do ratify and confirm my said last will and Testament and do further wish and declare that the eight hundred dollars Cy. ($800.00) that I deposited and is placed to my credit in the Union Bank of St. John's Newfoundland shall be disposed of in the following manner.

First all my funeral expenses and the price of a headstone which I desire to be erected to my memory shall be paid out of the amount that is in the said bank.

Second. At the death of my wife her funeral expenses and the price of a head stone which I desire shall be erected to her memory all is to be paid for out of the said amount that I have in the said Bank.

Third. After all the above expenses have been paid the balance of deposit shall be divided into three sons between my three sons Alfred Butler, Joseph Butler and Reuben Butler. 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 faithfully and truly performed and as fully and amply in every respect, as if the same were so declared and set down in my said last will and Testament.

Witness my hand this 10th day of September 1894. (Sgd) Joseph his x mark Butler (LS) Signed in the presence of us having been first read over. (Sgd) Francis F. Furneaux Commissioner of Supreme Court of Nfld. (Sgd) John Harris.

      I certify the foregoing to be a correct copy of the last will and Testament and Codicil of Joseph Butler deceased

Registrar

(Listed in the margin next to this will the following)
Fiat
J. S. Winter
J.
Admn cta
granted to
Alfred Butler
Dated
Nov. 1: 1894
Estate
sworn under
$1200.00

 

 

Page Contributed by Judy Benson & Ivy F. Benoit

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

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