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A Collection of Newfoundland Wills
(C)
James Chard

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 James Chard
from Newfoundland will books volume 1 pages 487 to 489 probate year 1846

In re James Chard      deceased.

In the name of God, Amen. I James Chard of Scilly Cove Trinity Bay, in the Island of Newfoundland, Cooper, being very sick and weak in body but of perfect mind and memory, thanks be given unto God, therefore calling unto mind the mortality of my body, and 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 friends nothing 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 has pleased God to bless me in this life, I give devise and dispose of the same in the following manner and form.

First. I give and bequeath to Elisabeth, my dearly beloved wife and to my child jointly the sum of twenty pounds currency per annum on the conditions hereinafter expressed to be paid her by my executors on the first day of Seprember in each and every year to be raised and levied out of the following sums with the interest of the said sums respectively and to be accounted for by the following persons into whose hands I have placed the same to my account and by them acknowledged namely One hundred and thirty nine pounds six shillings and ten pence currency with interest at four p cent to be accounted for by the Wesleyan Minisers constituting the Annual District Meeting or Conference of the people called Methodists in the Island of Newfoundland. Two hundred pounds lawful money of Great Britain with interest at three p cent to be accounted for by the executors of the late Robert Slade of the town of Poole in the county of Dorset England. One hundred and sixty pounds currency with two and a half p cent to be accounted for by the executors of the late Robert Slade at Trinity, Trinity Bay in the Island of Newfoundland. Fifty pounds currency to be accounted for by Mr. William Stoneman Senior of Trinity and lastly the sum of eight pounds currency to be accounted for by Mr. Joseph Pitman of Trinity aforesaid in the Island of Newfoundland. The above sum of twenty pounds p annum as stated above is to be paid to my said wife Elisabeth and my said child jointly for and during the time she may continue a widow and for no longer period. And in the event of either her marriage or her decease it is to be paid to (or by my executors for the support and maintenence of ) my child separately. In the event of the decease of both my wife and child whatever sums may remain unexhausted at that time shall be equally divided between my surviving brothers and sisters in England. All and singular the residue of my property that is to say house, work shop, Gardens &c. with their appurtenances and every other part and parcel of my property not herein named I give devise and bequeath to my said wife Elisabeth to be by her freely possessed and enjoyed. And I do hereby constitute make and ordain Mr William Stoneman Senior and Mr. William David Cross both of Trinity to be the joint executors of this my last will and testament.

In witness thereof I have hereunto set my hand and seal this twenty eighth day of September one thousand eight hundred and forty five.
James Chard (LS)
Signed sealed published pronounced and declared by the said James Chard as his last will and testament in the presence of us the subscribers.
Js Quints, J.P.    James C. Pearce.

Certified Correct
D.M. Browning
Registrar.


Will of James Chard
from Newfoundland will book labeled, "REGISTRY OF WILLS 1846," pages 2 to 5 probate year 1846
.

In the name of God, Amen. I James Chard of Scilly Cove Trinity Bay, in the Island of Newfoundland, Cooper, being very sick and weak in body but of perfect mind and memory, thanks be given unto God, therefore calling unto mind the mortality of my body, and 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 friends nothing 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 has pleased God to bless me in this life, I give devise and dispose of the same in the following manner and form.

First. I give and bequeath to Elizabeth, my dearly beloved wife and to my child jointly the sum of twenty pounds currency per annum on the conditions hereinafter expressed to be paid her by my executors on the first day of Seprember in each and every year to be raised and levied out of the following sums with the interest of the said sums respectively and to be accounted for by the following persons into whose hands I have placed the same to my account and by them acknowledged namely One hundred and thirty nine pounds six shillings and ten pence currency with interest at four p cent to be accounted for by the Wesleyan Minisers constituting the Annual District Meeting or Conference of the people called Methodists in the Island of Newfoundland. Two hundred pounds lawful money of Great Britain with interest at three p cent to be accounted for by the executors of the late Robert Slade of the town of Poole in the county of Dorset England. One hundred and sixty pounds currency with two and a half p cent to be accounted for by the executors of the late Robert Slade at Trinity, Trinity Bay in the Island of Newfoundland. Fifty pounds currency to be accounted for by Mr. William Stoneman Senior of Trinity and lastly the sum of eight pounds currency to be accounted for by Mr. Joseph Pitman of Trinity aforesaid in the Island of Newfoundland. The above sum of twenty pounds p annum as stated above is to be paid to my said wife Elizabeth and my said child jointly for and during the time she may continue a widow and for no longer period. And in the event of either her marriage or her decease it is to be paid to (or by my executors for the support and maintenence of ) my child separately. - In the event of the decease of both my wife and child whatever sums may remain unexhausted at that time shall be equally divided between my surviving brothers and sisters in England. ~ All and singular the residue of my property that is to say house, work shop, Gardens &c. with their appurtenances and every other part and parcel of my property not herein named I give devise and bequeath to my said wife Elizabeth to be by her freely possessed and enjoyed. ~ And I do hereby constitute and make and ordain Mr William Stoneman Senior and Mr. William David Cross both of Trinity to be the joint executors of this my last will and testament. And I do hereby utterly disallow revoke and disannul all and every other former Testament Wills Legacies, Bequests, by me in any ways before named willed and bequeathed ratifying this and no other to be my last Will and Testament.

In Witness thereof I have hereunto set my hand and seal this twenty eighth day of September one thousand eight hundred and forty five.
James Chard (LS)
Signed sealed published pronounced and declared by the said James Chard as his last will and testament in the presence of us the subscribers.
Js Quints, J.P.   James C. Pearce.

In the Supreme Court Newfoundland
Trinity to wit       Personally appeared James Quints Esquire J.P. of Hants Harbour and maketh oath, that he was present with the other subscribing witness to the written Will and did see James Chard sign his name and publish the same as his last will and testament. The said James Quints Esquire J.P. furthur maketh oath that the said James Chard was of sound and disposing mind and memory at the time of signing and publishing the same. James Quints Esq. J.P.
Sworn before me this 21st day of September 1846
B. Sweetland. Commissioner appointed by the Supreme Court to take affidavits.

 

 

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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