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A Collection of Newfoundland Wills
(C)
Edward Cousens

 

Part 1 - Contributed by John Simpson

Will of Edward Cousens
from Newfoundland will books volume 3 pages 439-440 probate year 1875

Copy of Will in our possession, obtained from Supreme Court of NF 14/8/2000:

"This is the last Will and Testament of me Edward Cousens of St. John's in the Island of Newfoundland Master Cooper.
First: I give devise and bequeath to my Wife Maria Cousens during her natural life if she remain single, and at her death to be divided between such if any children as may then be alive, all my property real and personal except the Tenement hereinaftermentioned and in case my said Wife Maria should at any time marry it is my Will and desire that my surviving Executors should manage my Estate for the benefit of my surviving children until they shall be of age.
Second: It is my Will and desire and I hereby direct that my son Nicholas Cousens shall be Manager of the business until there shall be a division of my said Estate receiving as Wages therefor the sum of One Hundred and Ten Pounds Currency per annum, with absolute privilege and right of having the use and occupation Tenement now occupied by him free of Rent provided he employ his full time in the conduct of the business and manages it to the satisfaction of a majority of my Executors; but if otherwise it is my Will and desire and I hereby direct that my surviving Executors shall conduct it themselves until thereshall be a division of my Estate as before mentioned for the benefit of the said parties interested in this Will.
Third: I appoint my said Wife Maria Cousens Executrix jointly with James Hunt Cousens of the South Side of St. John's Agent - William John Barnes of same place Clerk [WJB was married to Edward's daughter] and Nicholas Cousens (my said son) Executors of this my last Will and Testament.
Signed sealed published and declared by the said Edward Cousens as and for his last Will and Testament in our presence and in the presence of such others who have hereto set our hands at St. John's aforesaid this twenty fifth day of November AD one thousand eight hundred and seventy five Edward Cousens Edward Botwood Incumbent of St. Mary's John Colton Augustus Hayward"

[Attached is Affidavit and Bond sworn by Maria Cousens, Jas Hunt Cousens, Nicholas Luscombe Cousens, William John Barnes 0n 20th December 1875 to do true inventory and pay dues.]

[Attached is Oath by Augustus O Hayward Barrister at Law that Edward was of sound mind and small print on will was added before execution of will]

[Attached is Petition by "Maria Cousens of St. John's Widow, James Hunt Cousens of same place Agent, William John Barnes of same place Clerk, and Nicholas Cousens of same place Cooper That Edward Cousens - late of St. John's Master Cooper - died in the Morning of the Twenty Ninth Ultimo [November] leaving him surviving his Widow Maria Cousens . . . and Five Children viz Nicholas Luscombe Cousens . . . James Edward - Elenora (wife of . . . William John Barnes) - Charlotte Medley - and Jessie Eliza. . . . That at the time of decease of said Edward Cousens he was possessed of property and effects of the probable value of Two Thousand Dollars Dec 4th 1875"]


Part 2 - Contributed by Judy Benson as part of the wills project

Will of Edward Cousens
from Newfoundland will books volume 3 pages 439-440 probate year 1875

In re
     Edward Cousens deceased.

This is the last will and testament of me Edward Cousens of St. John’s in the Island of Newfoundland Master-Cooper     First I Give devise and bequeath to my wife Maria Cousens during her natural life if she remains single and at her death to be divided equally between such of my children as may then be alive all my property real and personal except the tenement hereinafter mentioned and in case my said wife Maria should at any time marry it is my will and desire that my surviving executors should manage my estate for the benefit of my surviving children until they shall be all of age

Second It is my will and desire and I hereby direct that my son Nicholas Cousens shall be Manager of the business until there shall be a division of my said estate receiving as wages therefor the sum of one hundred and ten pounds currency per annum with also the privilege and right of having the use and occupation of the tenement now occupied by him free of rent provided he employs his full time in the conduct of the business and manages it to the satisfaction of a majority of my executors;     but if otherwise it is my will and desire and I hereby direct that my surviving executors shall conduct it themselves until there shall be a division of my estate as before mentioned for the benefit of the said parties interested under this will

Third I appoint my said wife Maria Cousens executrix jointly with James Hunt Cousens of the South Side of St. John’s Agent, William John Barnes of same place, Clerk, and Nicholas Cousens (my said son) executors of this my last will and testament-

Edward Cousens (LS)     Signed sealed published and declared by the said Edward Cousens as and for his last will and testament in our presence who in his presence and in the presence of each other have hereto set our hands at St. John’s aforesaid this twenty fifth day of November A.D. one thousand eight hundred and seventy five,     Edward Botwood, Incumbent of St. Mary’s,     John Colton, Augustus O. Hayward.

Certified correct,
D. M. Browning
Registrar

 

 

Note: The wills in those will books are NOT actual wills. They are either hand-written copies or in later years typed copies of a, "last will and testament," written or typed 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.

Part 1 - Contributed by John Simpson, October 2001

Part 2 - Contributed by Judy Benson

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

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