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A Collection of Newfoundland Wills
(C)
John Carrol

Disclaimer: The wills for volumes 1 and 2 are not made from the original will books, but rather from a set of books written up from the originals about 100 years later. The 1846 hand written will book that we are putting up along with the wills from the volume 1 will book, is not the original will book. It was made, probably within a decade of the death of the testators, but it is not an exact replication from the original will book.

 

Will of John Carrol
from Newfoundland will books volume 1 pages 541 & 542 probate year 1848.
This name is spelled both Carroll and Carrol throughout this will, and Carroll in the will index

In re John Carrol      deceased.

In the name of God Amen. I John Carrol a native of Whitfield near the City of Waterford in Ireland and for many years a resident of St. John's in Newfoundland being old and feeble but of sound and disposing mind and memory thanks be given unto God, therefore calling unto mind the mortality of my body, and knowing that it is appointed for all men once to die do make and ordain this to be my last will and testament, that is to say, first and principally of all I give and recommend my soul unto 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 not doubting but at the general resurrection I shall receive the same again, by the mighty power of God. And as touching such worldly estate wherewith it hath pleased God to bless me with in this life, I give demise and bequeath the same in the following manner and form.
Secondly I desire and request that all lawful debts due of me at the time of my death shall be paid as soon as possible after my interment. I give and bequeath to my loving wife Elizabeth during the term of her natural life the annual sum of twenty pounds currency and my household furniture. This yearly bequest of £20 shall grow out of the rent of my premises situate in Kings Place and be paid to her by my executors on receiving the rent thereof and at the time of her death the said premises shall become the joint property of all my children then living. I give and bequeath to my ten children as under that is to say,
To my son William the house adjoining that of Ellen Ashby,
to my daughter Catherine Murphy the North East house in the lane in the rear of George Street,
to Owen the house he now occupies,
to Daniel the house he now occupies,
to Michael the house adjoining that of William's
to Ellen Asby the North East house in the lane rare of Gower Street,
to John the house adjoining Owen's,
to Thomas the house adjoining John's
to Mary Neagle and Johanna Coady the North East house in Gower Street.
I desire and request that Daniel and Owen shall each of them pay to Michael the sum of one pound currency annually for six years next after my decease which will amount in full to £12..0..0 currency and thence after to be discontinued. If it shall so happen that any of my sons aforesaid shall die leaving no lawful issue the house I now bequeath him shall revert to my surviving sons conjointly and should any of my daughters aforesaid die without lawful issue my surviving daughters shall inherit her house equally, but all my grandchildren are entitled to their parent's house having a prior claim thereto. My house in Kings Place yields an annual rent of twenty seven pounds twenty pounds whereof I have already mentioned as reserved for my wife and I now desire that during the term of five years to commence after my death the residue thereof of seven pounds per annum shall be paid over to the Right Revd Doctor Fleming as payment for high Masses and Office which I beg of his Lordship may be offered up for my soul and on the five payments (say £35) being made as aforesaid this annual bequest of seven pounds shall revert to all my children then living. And I nominate and appoint Mr. Richard Commerford and my son Danial Carrol and my son Owen to be the executors of this my last will and testament hereby revoking all former and other wills testaments and deeds of Gift by me at any time heretofore made. And I do ordain and ratify these presents to stand and be for and as my only last will and testament.
In witness whereof to this my said will I have set my hand and seal at St. John's in Newfoundland this sixth day of September one thousand eight hundred and forty. John Carroll (LS)
Signed sealed published and declared by the said John Carroll as his last will and testament in the presence of Hy Devereux.   John Commerford.   John Callihan.
Be it known to all men by these presents that I John Carroll have made and declared my last will and testament in writing hereunto annexed and bearing the date the sixth day of September 1840
I the said John Carrol do now ratify and confirm my said last will and do further ordain that in the event of my son Owen's decease his wife is to enjoy during her natural life the house she now lives in and bequeathed to my son Owen and if it shall so happen that she may marry a second husband and by the said second husband have children the said children shall have no right or claim whatsoever to the said house and at the time of her death the said house and all the property by this will bequeathed to my son Owen shall after his own and his wife's death revert to and become the joint property or premises of all my sons then living equally between them and I do ordain and declare this codicil or schedule to be adjudged a part and parcel of my last will and testament.
In witness whereof I the said John Carrol have hereunto set my hand and seal at St. John's this 18th March 1843. John Carrol (LS) Witness, Hy. Devereux N. Pub.   Richard Commerford.

Certified correct
D.M. Browning
Registrar


Will of John Carrol
from Newfoundland will book labeled, "REGISTRY OF WILLS 1846," pages 126 to 131 probate year 1848.
This name is spelled Carroll in the will index but Carrol in this handwritten version of the will

In the name of God Amen. I John Carrol a native of Whitfield near the City of Waterford in Ireland and for many years a resident of St. John's in Newfoundland being old and feeble but of sound and disposing mind and memory thanks be given unto God, therefore calling unto mind the mortality of my body, and knowing that it is appointed for all men once to die do make and ordain this to be my last Will and Testament. (That is to say) First and principally 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 not doubting but at the general resurrection I shall receive the same again, by the mighty power of God. And as touching such worldly Estate wherewith it hath pleased God to bless me with in this life, I give devise and bequeath the same in the following manner and form.
Secondly I desire and request that all lawful debts due of me at the time of my death shall be paid as soon as possible after my interment. I give and bequeath to my loving wife Elizabeth during the term of her natural life the annual sum of Twenty pounds Currency and my household furniture. This yearly rent of Twenty pounds shall grow out of the rent of my premises situate in Kings Place and be paid to her by my executors on receiving the rent thereof and at the time of her death the said premises shall become the joint property of all my children then living. I give and bequeath to my ten children, as under that is to say,
To my son William the house adjoining that of Ellen Ashley,
to my daughter Catherine Murphy the North East house in the lane in the rear of Gower Street,
to Owen the house he now occupies,
to Daniel the house he now occupies,
to Michael the house adjoining that of William's
to Ellen Ashly (Ashby ?) the South West house in the lane rear of Gower Street,
to John the house adjoining Owen's,
to Thomas the house adjoining John's
to Mary Neagle and Johanna Coady the North East house in Gower Street.
I desire and request that Daniel and Owen shall each of them pay to Michael the sum of one pound currency annually for six years next after my decease which will amount in full to twelve pounds and thence after to be discontinued. I desire and request that John and Thomas shall each of them pay to Catherine Murphy the sum of one pound annually for six years next after my decease amounting in full to twelve pounds currency and thereafter to be discontinued. If it shall so happen that any of my sons aforesaid shall die leaving no lawful issue the house I now bequeath him shall revert to my surviving sons conjointly and should any of my daughters aforesaid die without lawful issue my surviving daughters shall inherit her house equally, but all my grand children are entitled to their parent's house having a prior claim thereto. My house in Kings Place yields an annual rent of twenty seven pounds twenty pounds whereof I have already mentioned as reserved for my wife and I now desire that during the term of five years to commence after my death the residue thereof of seven pounds per annum shall be paid over to the Right Revd Doctor Fleming as payment for High Masses and Office which I beg of his Lordship may be offered up for my soul And on the five payments (say 35£) being made as aforesaid this annual bequest of seven pounds shall revert to all my children then living. And I nominate and appoint Mr. Richard Commerford and my son Daniel Carrol and my son Owen to be the Executors of this my last Will and Testament hereby revoking all former and other Wills Testaments and Deeds of Gift by me at any time heretofore made. And I do ordain and ratify these presents to stand and be for and as my last Will and Testament.
In witness whereof to this my said Will I have set my hand and seal at St. Johns in Newfoundland this sixth day of September one thousand eight hundred and forty. John Carrol
Signed sealed published and declared by the said John Carrol as his last Will and Testament in the presence of us Hy Devereux.   John Comerford.   John Callahan.
Be it known to all men by these presents that I John Carrol have made and declared my last Will and Testament in writing hereunto annexed and bearing the date the sixth day of September 1840
I the said John Carrol do now ratify and confirm my said last Will. And do further ordain that in the event of my son Owen's decease his wife is to enjoy during her natural life, the house she now lives in and bequeathed to my son Owen And if it shall so happen that she marry a second husband and by the said second husband have children the said children shall have no right or claim whatsoever to the said house and at the time of her death the said house and all the property by this Will bequeathed to my son Owen shall after his own and his wife's death revert and become the joint property or premises of all my sons then living and equally between them, and I do ordain and declare this Codicil or Scedule to be adjudged a part and parcel of my last Will and Testament. And that all therein executed be faithfully and truly performed as ???ply and effectually as if the same had been set down in my last Will and Testament. John Carrol Witness, Hy. Devereux N. Pub.   Richard Comerford.

In the Supreme Court St Johns
To wit Richard Comerford of St Johns in the Central District maketh oath and saith that he was present and did see John Carrol in the annexed paper writing named, duly sign seal publish and declare the said paper writing as and for his last Will and Testament in the presence as well of this Deponent as of Henry Devereux and John Callahan the other subscribing witnesses thereto and this Deponent further saith that he was present and did see the said John Carrol sign seal and deliver the paper writing on the back of the said Will as and for a Codicil to the same in the presence as well of this Deponent as of Henry Devereux the other subscribing Witness thereto and lastly this Deponent saith that the said Testator at the time of publishing his said Will and Codicil was of sound and disposing mind memory and understanding to the best of Deponents knowledge and belief Richard Comerford
Sworn before me at St Johns this fourth day of February A.D. 1848
Rob R.W. Lilly.   Commiss. of Affits.

 

 

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 and Ivy F. Benoit
Page Revised by Ivy Benoit (August 8, 2002)

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