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A Collection of Newfoundland Wills
James Howell Sr.


Will of James Howell Senior
from Newfoundland will books volume 1 pages 433 & 434 probate year 1844

In re
     James Howell Sr.       deceased.

I James Howell the Elder, being in health of body and soundness of mind and memory do make and ordain this my last will and testament, in manner and form following, that is to say, Imprimis, I give and bequeath to my four grandsons, the sons of John, viz Benjamin, Robert, James and Richard, the moiety or half part of my dwelling house and furniture together with the half of all the land left to me by my father where I now live, on the north side of the Town of Carbonear, and which I have used occupied and possessed for the last forty years or thereabout as my own; and the half part of any other property that I may be possessed of at the time of my decease, of what description soever it may be, including half the rents arising from the house and land occupied by Edmond Phelan and from the house and land occupied by John Murphy as well as any other rent that may accrue from any other part of my land or fishing room And I do hereby nominate and appoint my son John to be sole Guardian to my said grandsons to receive the rents and do whatsoever he may deem to be for their interest and advantage in the premises. And further it is my wish that my son John as Guardian to his children shall have the choice of the east or west half of my said dwelling house and half the furniture, together with half of the land, fishing room &c. as the same shall be divided into two parts of equal value by my executors.
Item, I give and bequeath to my grandson Ebenezer the son of James, the other moiety or half part of my said dwelling house, furniture, land and fishing room, But if my son James should have another son, or other sons besides Ebenezer then the said moiety is to be equally divided between them. Nevertheless my son James is to hold use occupy and enjoy the same as his during the full term of his natural life He is also to receive the other moiety of the rents arising from Whelan's and Murphy's leases with any other rents or profits that may accrue from any other parts of the land or fishing room, to his own use and behoof, during his life. And each moiety with the houses and all improvements that may hereafter be made on the premises shall descend to my grandsons and their heirs for ever. But should one or more of the said sons of John die leaving no heir the survivors or survivor of them shall have the first moiety. And in like manner the surviving sons or son of James's family shall have the other moiety. And if all the sons of John shall die leaving no heir, in that case, the daughters or daughter of John shall inherit the first half. And should James, his son or sons all die, leaving no heir, this daughters or daughter shall inherit the other moiety. But should it so happen that all of John's family become extinct or that all of James's family should die then the survivors or survivor of the other family shall inherit and possess both moieties or the entire property by themselves and their heirs for ever.
And I do hereby nominate constitute and appoint Mr. William Willis Bemister and Mr. Henry Corbin Watts to be executors of this my last will and testament. James Howell his x mark (LS)
Signed sealed and declared to be the testator's last will and testament at Carbonear Newfoundland June the twenty ninth 1836, in presence of H.C. Watts,   Susan Rowe.
It is my wish that if I should die before my sons shall return from the fishery at the Labrador my friend Mr. William Willis Bemister should provide for my funeral and that he shall be reimbursed out of the rents which shall be due the ensuing autumn. I also wish him to provide a headstone for my grave to be paid for out of the rents in like manner. James Howell his x mark. June 29th 1836. Witness, H.C. Watts,   Susan Rowe.

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 (April 13, 2003)

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