Will of John Hains from Newfoundland will books volume 5 pages 311-314 probate year 1888

Last will and Testament
of John Hains of Middle
Bight Farmer Deceased.

In the name of God Amen. I John Hains a native of Dorsetshire near Blandford England, but now living at Middle Bight South Shore Conception Bay Newfoundland, Farmer, being of a sound mind but weak and sick in body and knowing it is appointed for all men to die once, do hereby make my last will and Testament. In the first place (if I should die before my wife) I give and bequeath to her all my property and all that I posess for her sole use and benefit while she is living, and after her death my sons are to receive an equal portion of the property which is to be as follows.

To my eldest son John Hains I give and bequeath the western part of my landed property cultivated and uncultivated together with half of the house he is living in and half of the stable in the rear of his house. He being bounded on the east by certain marks which I shall erect. To my son Robert I give and bequeath an equal share of cultivated land and uncultivated land with his brother John (being bounded on the west by his brother John's eastern marks) together with the east half of the house he is living in and the east half of the stable in the rear of the house - The said Robert's property being bounded on the east by certain marks which I shall erect. To my son Samuel I give and bequeath the eastern portion of my land cultivated and uncultivated (except a certain part that his brother John occupies for potato land until my said son Samuel helps his said brother John to clear half as much land on his own portion) including the dwelling house that I am living in goods and chattels and the stable and I hope that each one will enjoy his portion in peace and prosperity. It is my desire that the road leading from the main road to the water side, and going thence from son Samuel's land shall be open to all of his brothers until they have a passageway leading to the waterside of their own. Given that it is my wish and desire that the waterside property that I possess shall be equally divided between my three sons each having an equal share of everything. I further declare that it is my wish that the property I bequeath and give to my sons shall not go out of the name of Hains. That if any of my sons should die that their surviving wives are not (if they should marry again) to bring their husbands on the property but they can hold full possession while they remain in my sons name, after the death of my sons their property is to be divided between their male children, and should any of my sons die and not leave any male offspring the property shall be equally divided between the surviving brothers or their male offspring. After the death of the deceaseds wife or if she should marry again then the property can be divided.

I also wish to make a provision that if my female grandchildren should be left orphans that their fathers property shall go towards their support until they should become married and settled in life. I also wish the farming implements to be equally divided between the three brothers and I also wish that the large clock that is in my dwelling house never to be removed. The property that I give and bequeath to my son Samuel what is aforesaid mentioned he and his wife are to enjoy while they are alive, and if they have any male children after their deaths their male offspring are to have it divided between them, but if they should die without any male issue the said property is to be divided between the male children of my sons John and Robert my wife's ??ing is to be divided as well as possible between my daughters Lavina Andrews Ann Petten Sarah Butler and Selina Taylor my granddaughter if they wish to give my daughter Mary Coat any article in remembrance as they can. The money that I have in the Savings Bank in St. John's is to be equally divided between the following persons. My sons John and Robert, Ann Petten Sarah Butler, Lavinia Andrews, Mary Coat, and Mrs. Selina SelinTaylor. My son Samuel is to receive out of it £30.0.0 which amount I promised to him - And I do hereby utterly disallow revoke and disannul all and every other former Testament, wills, legacies and bequests by me on anywise before named, willed and bequeathed ratifying and confirming this, and no other too be my last will and Testament.
In witness whereof I have hereunto set my hand and seal this 11^th day of April in the year of our Lord one thousand eight hundred and eighty eight. John X Hains his mark. 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.

Frances H. Furneaux Comm S.C. John Hains Senr. I the undersigned wish that after my death the carriage that I now possess shall be sold and my wife to receive whatever amount of money that the sale of it will bring. Given under my hand and seal this 12^th day of April in the year of our Lord one thousand eight hundred and eighty eight. John X Hains his mark. Witnesses Frances Furneaux Comm S. G. John Hains Senr.-

Issued dated 24^th Dec. 1888.
I certify this is a correct copy of the will of John Haines.
D. M. Browning
Chief Clerk & Registrar