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A Collection of Newfoundland Wills
James Cowan


Will of James Cowan
from Newfoundland will books volume 1 pages 105 to 107 probate year 1831.

In re
     James Cowan       deceased.

This is the last will and testament of me James Cowan of Harbour Grace in the Island of Newfoundland Gentleman whereby I revoke all former wills heretofore made by me. In the first place I give and bequeath all my household furniture, monies and all other effects of which I may be possessed at the time of my decease (after my just debts and funeral expenses are paid) together with all my titles share claim or demand in the following lands houses and buildings unto my dear son James Cowan during his natural life only, that is to say; All that piece or parcel of ground situated in the rear of the Roman Catholic Burial ground held under lease by James Quinlan late of Harbour Grace, and Edward Cullinnan, together with the dwelling houses thereon. The dwelling house wherein I reside, and the garden and the lands belonging to the same in front and back thereof situated in Harbour Grace. All my interest in the Dwelling houses gardens and lands situated at Harbor Grace commonly known by the name of the "Pynns' Estate" and in part enjoyed by Jordan Henderson, Charlotte Cawley and others. The premises situated at Harbor Grace held under lease by William Innott consisting of the dwelling house and wharf lately held by Denis MacGrath deceased, a dwelling house also, garden in front thereof, and one at back thereof, with a Cooper's shop in the rear of the Waterford Arms, together with a stable built by the said William Innott near thereto. The Dwelling house garden and meadow situated in the rear of Harbor Grace held under Lease by Patrick Quin. All my right and title to certain property formerly belonging to the late Jane Cook of this place and by her Will left my late wife Ann Cowan, at present occupied by Peter Rogerson and others comprising shop wharf stores, dwelling houses, lands and gardens referred to in a Decree of the Supreme Court of Newfoundland dated St. John's the 22nd October 1796. Together with all that the following lands, tenements and Plantations left me by Susannah Heighington of the City of Bristol Widow that is to say, The dwelling house situated at the East end of the Court House at Harbor Grace leased to the late Martin Carey deceased, at present occupied by John Daniel Constable. All that meadow and fishing room situated on the South side of Mosquito occupied by John Pike. All that meadow situated on the south side of Mosquito one half part held by Neagle, the remaining moiety by Arthur Thomey. All that garden situated at Mosquito held under lease by Roger Thomey. All that farm dwelling house and plantation situated at the North point of Mosquito held under Lease by William Cowan. Together with all other lands buildings debts or goods of which I may die possessed.
But in the event of my son James Cowan not arriving at Harbor Grace at the time of my decease then and in that case it is my will and pleasure and I bequeath accordingly to Elizabeth Winter otherwise Webber at present living with me and her lawful heirs all that the household furniture lands buildings and effects before described or of which I may be possessed at the time of my decease, my executors or the survivor of them paying and giving her from the rents or profits of such property such sum or sums as they shall see absolutely necessary for her and the support of her lawful heirs only, and which shall at all times be absolutely free from the controul, debts, agreements or interference of her present or any future husband, and her receipts notwithstanding her marriage shall be good and sufficient discharges for the same. But which said property and every part thereof, the said Elizabeth Winter otherwise Webber shall cease to hold and enjoy and her heirs also, should my son James at any future period arrive at Harbor Grace and claim the same, it being my intent and meaning that he shall hold and enjoy all the same during his natural life and after his death then I give and bequeath the same and every part thereof to the said Elizabeth Winter otherwise Webber as aforesaid and her lawful heirs during their natural lives only.
And after her the said Elizabeth Winter otherwise Webber's decease and her heirs as aforesaid then I give and dispose of all the same to Sarah Lander of Trinity in this Island Widow and her lawful heirs for ever.
And lastly I appoint James Bayly Gentleman and William Innott Merchant Executors of this my last will and Testament who shall with their heirs executors and administrators be at all times exonerated and indemnified in any acts matters or things to be done by them in the execution of such duty or trust.
In witness whereof I have hereunto set my hand and seal at Harbor Grace in the Island of Newfoundland the twenty fifth day of June in the ninth year of the reign of our Sovereign Lord George the fourth by the Grace of God of the United Kingdom of Great Britain and Ireland King, Defender of the Faith, and in the year of our Lord one thousand eight hundred and twenty seven. James Cowan (LS)
Signed sealed published and declared by the said James Cowan as and for his last will and testament in the presence of us who in his presence and in the presence of each other at his request have subscribed our names, Oliver St. John.   Justin Dwyer.   Willm S. Comer.

Certified Correct,
D. M. Browning



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 F. Benoit (November 28, 2002)

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