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A Collection of Newfoundland Wills
(H)
John Hains

 

Will of John Hains
from Newfoundland will books vol 11 pages 394 & 395 probate year 1919

In re John Hains       deceased

In the Name of God, Amen. I John Hains of Middle Bight South Shore in the District of Harbor Main Newfoundland, Farmer, being very sick and weak in body but of perfect mind and memory do make and ordain this my last Will and Testament.

First. I give and bequeath to my beloved wife Hannah while she is alive and remains in my name, my dwelling house, goods and chattels, except what will be hereinafter mentioned, Stable, Store, Cellar, Cattle the use of all my farming implements, also the use of my cart, dray tackling and horses when required by her - I give also to my beloved wife Hannah a piece of cleared land about the Setting of a barrel and a half of potato seed running from Pettins fence on the East to Samuel Hains fence on the West including meadow land - After the death of my wife or if she should marry again my son Charlie is to take possession of the dwelling house, goods & Chattels [except what will be hereinafter mentioned] Stable, Store, cellar and the land that the said buildings are on, but if any of my sons require the use of the cellar until they put one of their own they must have the use of it - I give to my son Charlie that piece of cultivated land that is bounded on the East by Pettins fence, West by Samuel Hains land, North by his uncle Charlie Hains land or South fence and South to come up in a line with the North end of my store and to the South part of the big gate a straight line running from East and West, from the said post, to the said Pettins fence - The piece of land I have given and bequeathed to my wife joins on to the piece of land I have given my son Charlie - The remainder of this land belonging to this block is to be divided into three equal shares between my sons James, William and Robert - The piece of land belonging to this block that I have given and bequeathed to my wife after her death or if she should marry is to be divided into four equal parts between my four sons James, William Robert and Charlie - The land outside my first block is to be divided into three equal shares between my three sons James William and Robert and is bounded on the East by the road leading to the waterside, West by Samuel Hains land, North by Robert Hains land and South by their Uncle Charlie Hains land. My son James is to take the South part next his house. My son Robert the next part and my son William the North part - If my son William should not require the said piece of land he can sell or give it to his brothers but to no one else - The land that James and Roberts house is on and the frontage and the flake and the land that the flake is on is to be equally divided between them - The said James and Robert are to have a right of way to the well of water - My inside uncultivated land South of the main road is bounded as follows. East by Foxtrap river, West by Thomas Pettins land, North by John Kennedys land and South by my own land - The said piece of land is to be equally divided into four shares between my four sons - In dividing it they are to narrow the line extending East as the land is narrow that part - The said land extending West as far as Thomas Pettins corner - The land adjoining the said uncultivated land is to be divided into four equal parts between my four sons James William Robert and Charlie and each of my sons is to allow his mother the setting of a quarter of a barrel of seed potatoes in their part while she is alive and remains in my name, and after her decease or if she should marry each is to claim his part again - My other piece of uncleared land is bound on the The East by Foxtrap river, West by the local road, North by my own land and South running to a point. The said piece of land is to be equally divided between my four sons above mentioned - My two horses are for the use of my sons as well as their mothers use - My Caplin Sein, my two boats and gear and fishing gear I leave for the use of my four sons and they must supply their mother with caplin for her ground and other uses - I give and bequeath to my son William a chest of drawers, a bed and bedding - I give and bequeath to my son James a chiffonier and six chairs, and to his son Reginald my watch, I give to my son Robert a feather bed and bedding - I give and bequeath to my son Charlie a feather bed and bedding and my gun - I give and bequeath to my daughter Lydia Smith a calf - I give and bequeath to my daughter Martha Hennessy my big Bible - I give my new set of wheels to my two sons Robert and Charlie but my wife is to have the use of them. And I do hereby utterly disallow, revoke and disannul all and every other former Testaments, Wills and bequests by me in anywise before named, willed and bequeathed ratifying and confirming this and no other to be my last Will and Testament.

In witness whereof I have hereunto set my Hand and Seal, this 17th day of September in the year of our Lord One thousand nine hundred and three. John Hains. Signed, Sealed published pronounced and declared by the said John Hains as his last Will and Testament, in the presence of us, who in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses. Francis F. Furneaux J.P. Commissioner of Supreme Court of Newfoundland   William Butler.

Correct William F. Lloyd
Registrar of the Supreme Court of Newfoundland.

(Listed in the margin next to this will the following)
Fiat Nov 11/19
Johnson J.
Adm C.T.A
granted to
William H.
Hynes Dec 2/19.
Estate sworn
at $1400.00

 

 

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, Alana Bennett, Wendy Weller and Eric Weller

Revised: October 29, 2001 (Ivy F. Benoit)

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