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Will of Isabella DesBarres
I Isabella DesBarres the wife of the Honourable Augustus Wallet DesBarres lately one of the Judges of the Supreme Court of Newfoundland and now residing at No. 11 Ladbroke Villas Kensington in the County of Middlesex in England declare this to be my last will and testament- Whereas by a Contract of Marriage in the Scotch Form dated the tenth day of June one thousand eight hundred and thirty three and made between my said husband on the one part and myself by the then name of Isabella Stuart daughter of James Stuart Esquire of Beltrees Merchant in Greenock with consent of my said father as my administrator in law on the other part after reciting (amongst other things) I was possessed of certain leasehold property in the Island of Newfoundland known by the name of Stuarts Plantation formerly called Sparkes and Woodmasons and Mans and also of Lots numbers Second and Third on Darkhouses Room all in the town of St. John’s which property had been let on lease partly to John and Alexander Stuart my brothers for a term of thirty eight years and partly to William Warren Junior for a term of twenty eight years the said lands houses and premises called Stuarts plantation and part of Darkhouses room and all the rents issues and profits thereof were thereby duly assigned and rendered payable to Alexander Sinclair of London Esquire Merchant Robert Sinclair his son William Johnston of Greenock Esquire Merchant then presently in Newfoundland and John Bell of Glasgow Esquire Writer or the survivors or survivor of them as trustees for my sole use and behoof during my life and thereafter for the use and behoof of my said husband the said Augustus Wallet DesBarres and the lawful issue of the said marriage if any or of my heirs in manner and to the effect therein mentioned And it was by the said contract covenanted and agreed that on the death of my said husband and myself and in the event of there being issue left of the said then contemplated marriage the said trustees or survivors or survivor of them should convey and assign the foresaid lands houses and premises to the child or children of the said marriage in such manner portions and times as might be appointed in any will or other writing to be made and executed by me
Now in exercise of the said power or authority or of any separate right of property or otherwise now enabling me I appoint devise and bequeath the aforesaid lands houses and premises unto the children of my marriage with my said husband Augustus Wallet DesBarres namely Joseph Frederick DesBarres Isabella Matilda the wife of Richard John Maxwell Gumbleton of Glanatore in the County of Cork Ireland, Augustus Henry John DesBarres, James Stuart DesBarres Alexander Hamilton DesBarres and Edward Albert DesBarres absolutely in equal shares as tenants in common and to be vested interests in them respectively at the time of my decease provided my said husband Augustus Wallet DesBarres be then dead I appoint the said Joseph Frederick DesBarres Augustus Henry John DesBarres and Richard John Maxwell Gumbleton executors of this my will. In witness whereof I have hereto set my hand this eighteenth day of November one thousand eight hundred and sixty five. Isabella DesBarres. Signed and declared by the said Isabella DesBarres the testatrix as and for her last will and testament in the joint presence of us who in her presence at her request and in the presence of each other have hereunto subscribed our names as witness, William Parkinson 9 Ladbroke Terrace Nottinghill Kensington. Edmund Whitfield Surgeon 15 Campden Hill Road Kensington.
This is a codicil to my above written will. I wish to cancel the appointment of my son Joseph Frederick DesBarres as one of my executors and to declare my son Augustus Henry John DesBarres and Richard John Maxwell Gumbleton my sole executors and my will is that all the rest residue and remainder of any property that I may die possessed of or entitled to real or personal not before otherwise disposed of shall go share and share alike between my six children save and except a sum of three hundred pounds which I devise to my brother Alexander Stuart and which sum I wish him to lay out in the purchase of a life annuity. In witness whereof I the said Isabella DesBarres have to this codicil set my hand this twenty ninth day of February one thousand eight hundred and sixty-eight Isabella DesBarres. Signed declared and published by said Isabella DesBarres as and for a codicil to her last will and testament and to be taken as part thereof in presence of us who at her request in her presence and in presence of each other have subscribed our names as witnesses hereto- John Bourke Land Steward Glanatore. William Henry Parkes, Solr. Roseville Fallow.
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 and also no paragraphs. 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. However, in some of the very long wills, we have tried to insert paragraphs to make it easier for the researcher to read the document.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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