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A Collection of Newfoundland Wills
Richard Carroll Junior

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 Richard Carroll Junior
from Newfoundland will book labeled, "REGISTRY OF WILLS 1846," pages 170 to 173 probate year 1848.
(This will was not included in the volume 1 will book - it's only in the 1846 book.)

I, Richard Carroll Junior of Saint Johns in the Island of Newfoundland in the year of our Lord One Thousand Eight hundred and forty eight being visited by the hand of God and fearing to be taken out of the world by the sickness which is now in my family, do in my perfect health and senses give and bequeath after my death to my oldest son Thomas Carroll all that piece of land falling to my share by Virtue grant given by Sir Thomas Cochrane it being an equal one third of the whole piece of land mentioned in said grant and also I give the same to him and his heirs for ever, with all erections and whatever may in any way pertain to said lot of land and which is bounded on the front by Portugal Cove Road, and at the side by Catherine Carroll alias Dyers lot and on the other side by Patrick Kennys farm and three Corner pond and on the back by a road leading to Major Path.
Witness my hand and seal this fourth day of June One thousand eight hundred and forty eight Richard Carroll Junior (LS)
Witness Margaret Carroll Senior, her mark.
But should he not have a male heir he is to leave it to the next brother Rich Carroll Junr.
Witness. Margaret Carroll her mark. June 4th 1848 ~

In the name of God ! Amen. I do this twelfth day of June One thousand eight hundred and forty eight and in my perfect health and senses but fearing the sickness which it has pleased god to visit, will and bequeath all my earthly possessions to the following persons and in the following manner. To my wife Ellenor Carroll I do bequeath all that piece of land granted to me by acting governor Law situate near the Right Rev Dr Flemings Farm the house thereon and all erections and improvements that will hereafter be made thereon during her natural life whether she marries or not after my death, on condition that she neither mortgage sell or anyway cause debts or encumberances on the said land but at her death leave it for and in possession of my sons by her. Viz Joseph Carroll and Richard Carroll the younger the said land to be divided into two equal parts for them, or by themselves and in case either of them should die before her the deceased's part is to be given to the survivor. And in confirmation of a deed drawn in favor of my son Thomas Carroll dated June 4th in this same year I do leave will and bequeath to the said Thomas Carroll that piece of land situate on the Portugal Cove Road containing an equal one third of the land granted by Sir Thomas Cochrane to me and Sisters Mary and Catherine Carroll. See grant. And further that the said sons are to help and maintain their lawful Sister Margaret Carroll the younger to the best of their means and in equal proportions with one another during her life if she remain unmarried if or when she marries their help towards her is to cease except inclination or that love I wish them to bear to each other all the days of their life directs them to do so. Should my dearest mother die before my son Thomas Carroll whom she has adopted by her will as her son before he is of age to direct himself his mother Elleanor Carroll is to bind him to the Victuolling(?) or Butcher Trade and lay out for him to the best advantage the income of his property untill the end of his apprentiship without in any way embarressing his property in itself.
To which I affix my hand and seal this     day of     in the year of our Lord One thousand eight hundred and forty eight. Above all things and conditions my wife is to keep the property mentioned in this Will free from all embarrassments debts as mentioned in this Will not only herself, but in any case not Council or order or Constant(?) or direct or appoint any persons or persons to do so. Richard Carroll (LS)
Witness Eliz (?) at St. Johns. By no means directly or indirectly is Elleanor Carroll to part with the land herein mentioned but keep them for Joseph and Richard Carroll herein mentioned.
June 12th 1848 Richard Carroll Junior.

In the Supreme Court
In the matter of the wife of Richard Carroll late of St Johns. Deceased. - Elleanor Carroll of St Johns. Widow maketh oath and saith that the paper writing hereunto attached is the true last Will and Testament of Richard Carroll late of St Johns Mason and was by him signed sealed published and declared to be his last Will and Testament and was by him delivered into the hands of Deponent on or about the first day of July last past. And this Deponent further saith that the said Testator was at the time of his so publishing his said Will of sound and disposing mind memory and understanding to the best of Deponents Judgement and belief. Elleanor Carroll her mark
Sworn before me at St Johns this 4th day of August A.D. 1848 being first read over and explained to Deponent.
Geo. Anderson Com. Of Afts.



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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