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A Collection of Newfoundland Wills
(H)
Joseph Hiscock

Disclaimer: The wills for volumes 1 and 2 are not made from the original will books, but rather from a set of books written up from the originals about 100 years later. The 1846 hand written will book that we are putting up along with the wills from the volume 1 will book, is not the original will book. It was made, probably within a decade of the death of the testators, but it is not an exact replication from the original will book.

 

Will of Joseph Hiscock
from Newfoundland will books volume 1 pages 518 & 519 probate year 1847.

In re Joseph Hiscock      deceased.

I Joseph Hiscock of Catalina Fisherman being now and having been for some time past in bad health and in a weak state of body but thank God of sound and discerning mind and memory, and fully sensible of the precarious condition of my mortal life in any circumstances but particularly in the present think fit and right to make in the nature of last will and testament, and settlement of my worldly matters and affairs to be effectual after my decease, this my last will and testament and revoking and annulling all or any previously made for this intent and purpose and now do so in manner following,
1st I name and appoint my brother Frederick Hiscock and my friend Mr. John Mifflin executors to this my last will and testament and to execute the same in this manner, My estate at present consists of the sum of about two hundred and thirty pounds due me by Mr. William Warren, Merchant, Saint John's, and Messrs. Hunters & Co. Merchants in that place and various fishing craft &c. on hand and about me with fishing room or plantation. On or shortly after my death my executors are after paying funeral and all necessary expenses and lawful debts to realise by sale or valuation my craft debts and all my estate except the room or plantation and having so realised and ascertained the amount one moiety or half to be set apart and secured for the benefit of my three first children by my first wife, namely, John Edward and Mary and one third paid each of them as they attain the age of twenty one years respectively. The other moiety set apart for the benefit and maintenance of my wife and other two children by her namely Thomas and Robert, and in this manner, principal and interest to be availed of under direction sanction and approval of executors in aid of their own exertion and industry for the maintenance of my wife (then widow) and my said two children by her, and in case of my widow marrying again she is to be allowed by my executors such sums from the last said moiety as in their opinion fit and reasonable for the maintenance and support of such my young children as it may be necessary and in the executors' opinion fit and proper to remain with her, and while in their opinion it is or may be fit and necessary for them so to remain. With regard to my fishing room or plantation it is not to be sold realised or alienated in any way but my widow (while such) together with all my children to use and enjoy it under the direction of my said executors so long as such joint use and enjoyment for their common benefit shall or may be fit and convenient and this also under the judgment and approval of my executors, Finally it is to become and be the inheritance and property of my four sons John, Edward, Thomas and Robert and under the approbation of my said executors divided equally between them. To prevent expensive litigation vain and selfish disputes between all or any of my said relatives heirs and survivors I will and ordain that all and any such disputes shall finally be settled by such umpires and arbitrators as my said executors may appoint for the purpose.
Catalina, Newfoundland this twenty ninth day of November in the year of our Lord one thousand eight hundred and forty five, done in duplicate. Joseph his X mark Hiscock (LS)
Witnesses to the signing & sealing by the testator being previously read and explained to him, Alex. Bremner, J.P.     Dugold Brenner.

Certified correct
D.M. Browning
Registrar


Will of Joseph Hiscock
from Newfoundland will book labeled, "REGISTRY OF WILLS 1846," pages 79 to 83 probate year 1847.

I Joseph Hiscock of Catalina fisherman being now and having been for some time past in bad health and in a weak state of body but thank God, of sound and discerning mind and memory, and fully sensible of the precarious condition of my mortal life in any circumstances but particularly in the present, Think fit and right to make in the nature of last will and testament, and settlement of my worldly matters and affairs to be effectual after my decease: This my last will and testament, and revoking and annulling all or any previously made for this intent and purpose. And now do so in manner following,
1st I name and appoint my brother Frederick Hiscock and my friend Mr. John Mifflin executors to this my last will and testament and to execute the same in this manner - My estate at present consists of the sum of about two hundred and thirty pounds due me by Mr. William Warren of St. Johns Merchant and Messrs. Hunters & Co. Merchants of the same place and various fishing craft &c. on hand and about me with fishing Room or plantation. On or shortly after my death my Executors are after paying funeral and all necessary expenses and lawful debts to realise by sale or valuation my craft debts and all my estate, except the Room or Plantation. And having so realised and ascertained the amount - one moiety or half to be set apart and secured for the benefit of my three first children by my first wife, viz. John Edward and Mary and one third paid each of them as they attain the age of twenty one years respectively - The other moiety set apart for the benefit and maintenance of my wife and other two children by her namely Thomas and Robert, and in this manner - principal and interest to be availed of under direction sanction and approval of my executors in aid of their own exertion and industry for the maintenance of my wife (then widow) and my said two children by her. And in case of my widow again marrying she is to be allowed by my executors such sums from the last said moiety as in their opinion will be fit and reasonable for the maintenance and support of such my young children as it may be necessary and in their the executors' opinion fit and proper to remain with her, and while in their opinion it is or may be fit and necessary for them so to remain.
With regard to my fishing room or plantation it is not to be sold, realised or alienated in any way - but my widow (while such) together with all my children to use and enjoy it under the direction of my executors so long as such joint use and enjoyment for their common benefit shall or may be fit and convenient and this also under the judgment and approval of my executors. Finally it is to become and be the inheritance and property of my four sons John, Edward, Thomas and Robert and under the approbation of my said Executors divided equally between them - To prevent expensive litigation and selfish disputes between all or any of my said relatives heirs and survivors I will and ordain that all and any such disputes shall finally be settled by such umpires and arbitrators, as my said executors may appoint for the purpose.
Catalina, Newfoundland this twenty ninth day of November in the year of our Lord one thousand eight hundred and forty five. Done in duplicate Joseph his X mark Hiscock
Witnesses to the signing and sealing of the Testator being previously read and explained to him, Alexander Brenner.   Dugold Brenner.

Newfoundland. In the Supreme Court St. John's to wit
Alexander Bremner of Catalina in the Northern District of Newfoundland Gentleman maketh oath and saith that he was present and did see Joseph Hiscock in the within paper writing named duly set his mark to, seal, publish and declare, the said paper writing as and for his last will and testament in the presence as well of this Deponent as of Dugald Bremner the other subscribing witness thereto. And this deponent further saith that the said paper writing was read over and fully explained to the said Testator and that he understood the same. And lastly this deponent saith that the said Joseph Hiscock at the time of publishing his said will was of sound and disposing mind memory and understanding to the best of this Deponent's knowledge and belief. Alx. Bremner.
Sworn before me at Bonavista this 12th day of August A.D. 1847.
Wm. Sweetland Commss. of affts. in Supreme Court.

 

 

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 Benoit (August 8, 2002)

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