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Will of Ann Collins
In re Ann Collins deceased
In the name of God, Amen. I Ann Collins Widow of the late William Collins deceased of Burin, Placentia Bay in the Island of Newfoundland being in sound mind and right judgment have this day for the use of and benefit too all to whom it doth or may concern made and declared this my last will and testament in the distribution of my estate and effects lands and Tenements goods and chattels and all and singular my fishing room and appurtenances and to the intent and for the due performance and fulfillment of this and that the same may be performed with judgment and justice I do hereby ordain and appoint and by these presents have ordained and appointed Mr. Frederick Rowden Page, Mr. Thomas Darby and Mr. Philip Hollett Gentlemen all residing at Burin in the Island aforesaid to be my trusty and well deserved executors to this my last will and testament which is as follows:
To my beloved son John Collins I do hereby bequeath the dwelling house now in his occupation together with a small garden at the end and one in front of the same with the potato garden attached to the latter bounded on the south side by premises belonging to and in the occupation of Mr. page and on the northern side by part of the fishing room; All that piece of Beach on the south east side of a small brook or running stream and the small flake errected over the same; All that part of the flake on the southern side against the bank commencing at the open space leading from the land wash and continuing along by the planks forming a bridge to the stage up to that space of longers used as a standing for Liver Puncheons; Also a sufficient space or part of the landwash in front of the Flake now standing and immediately by the side of the stage to put up a stage of such dimensions as will allow the landing of one boat's fish all which without the least hindrance or obstruction from any of the then holders of any part or parcel of the said room and premises he the said John Collins is to have and to hold not as a freehold tenure but for the use and general benefit of himself and family during his natural life at the expiration of which the before recited grounds premises &c shall descend too and become the property of his eldest son John Collins and second eldest son Edward Collins conjointly and to their heirs and assigns for ever but and in case be it remembered that should the said John Collins Junr. and Edward Collins his brother decease without issue and be survived by their mother Mary Collins wife of said John Collins then shall the hereinbefore recited premises be, and remain hers to have and to hold the same during her widowhood and no longer and on the said Mary Collins again getting married or at her decease then to the next lawful heir being a descendat of the before named William Collins and myself Ann Collins his wife.
To my beloved son Edward Collins I do hereby bequeath all that piece part and parcel of a fishing room with stage store and flake dwelling house and garden thereon erected and built by him together with all lands and appurtenances thereto belonging being a distinct and separate property from the other Room and bounded on the North and West by the sea and Man Wars Hill and on the south and East by the other room and premises the same being separated by a brook and division in the two flakes to have and to hold the same not as a freehold tenure but for the use and general benefit of his family generally during his natural life at the expiration of which the before recited grounds premises &c shall descend too and become the property of his present eldest son John Collins and second eldest son Edward Collins conjointly and to their heirs and assigns for ever but and in case be it remembered that should the said John Collins Junr. and Edward Collins his brother and sons of the before named Edward Collins Senr. decease without issue and be survived by their mother Elizabeth Collins and wife of Edward Collins then shall the hereinbefore recited premises become and remain hers so long as she may remain a widow and no longer and on the said Elizabeth Collins again getting married or at her decease then to the next lawful heir being a descendent of the before named William Collins and myself Ann Collins his wife.
To my beloved son Samuel Collins I do hereby bequeath all that piece part and parcel of my fishing Room as follows, that is to say, the seite on which stands a dwelling house erected and occupied by him together with a piece of garden already marked out occupied and used by him all which is situate lying and being within a fence enclosing and forming part of the garden bequeathed to my younger son Isaac Collins hereinafter described and set forth, Also a proportionate part of the stage and flake [reserving such other parts heretofore granted and bestowed] namely three sevenths of each and in more particularly describing the flake be it known it is intended out of that part on the North West side of the planks forming a Bridge to the stage all that store adjoining the Salt Store at the end of the stage. Half the Beach on the North West side the small Brook by clearing the same to have and to hold the same not as a freehold tenure but for the use and general benefit of his family generally during his natural life at the expiration of which the before recited grounds premises &c shall descend too and become the property of his present eldest son William Henry Collins his heirs and assigns for ever, but and in case be it remembered that should the said William Henry Collins son of the before named Samuel Collins decease without issue and be survived by his mother Amelia Collins and wife of the said Samuel Collins then shall that hereinbefore recited premises become hers so long as she may remain a widow and no longer, and on the said Amelia Collins again getting married or at her decease then to the next lawful heir being a descendent of the before named William Collins and myself Ann Collins his wife.
To my beloved and youngest son Isaac Collins I do [with much cheerfulness and willingly for his kindness and attention to me in my latter days and with a full persuasion he will at all times feel disposed to render his brothers all the assistance in his power should they stand in need and which I pray God they may not] bequeath all the residue of property in houses lands implements of husbandry cattle tackle furniture and apparel all craft connected with the fishery and all and singular the appurtenances to me belonging and may be more particularly described, viz the dwelling house furniture and contents cellar and Cow house, fish store Salt Store residue of four seventh of the stage and flake the Beach on the North West side of the Brook and all the Beach landing or Watering Cove together with the meadows and gardens [saving and excepting what may have been before excepted] to have and to hold the same to his use and benefit and to the benefit of his heirs Executors administrators and assigns for ever.
Wherein witness my hand at Burin in Placentia Bay Newfoundland this thirty first day of July in the year of our Lord one thousand eight hundred and thirty eight and in the first year of the Reign of Her Majesty Queen Victoria. Ann her X mark Collins [LS]
|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.
This page contributed by Judy Benson, Alana Bennett,
Wendy Weller, Eric Weller and Kristina Americo
REVISED BY: Ivy F. Benoit April 7, 2002
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