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A Collection of Newfoundland Wills
(L)
John Lash

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 John Lash
from Newfoundland will books volume 1 pages 521 to 523 probate year 1847.

In re John Lash      deceased.

I John Lash of Saint John's in the Island of Newfoundland Merchant being in good health of body and of sound and disposing mind and memory and being bound on a voyage to Ireland &c. do make and publish this my last will and testament hereby revoking and making void all former wills by me at any time heretofore made.

First, I hereby constitute and appoint my brother William Lash and my brother in law John Moore Haskell both of St. John's aforesaid Accountants, and the survivor of them executors and executor of this my last will and testament. After payment of my just debts and charges I dispose of my estate as follows, I give and devise all those premises (with all the erections which now are or which may hereafter be made thereon) situate in Water Street and at Monkstown in Saint John's aforesaid which I hold by lease under Richard Wood and under James Buchanan Hutton unto the said William Lash and John Moore Haskell their executors administrators and assigns for and during all the residue and remainder of the several years which shall be to come and unexpired, of and in the said leasehold premises respectively, at my decease, upon and for the trusts intents and purposes and with and subject to the powers and provisoes hereafter mentioned and expressed of or concerning the same (that is to say) upon trust in the first place that they the said William Lash and John Moore Haskell and the survivor of them and the executors and administrators of such survivor shall do by and out of the rents and profits of the said leasehold property or premises yearly and every year, and at all times and seasons, duly pay satisfy and perform the several rents, covenants and agreements, which are reserved and contained by and in the leases of the said leasehold premises respectively, and upon further trust that they the said William Lash and John Moore Haskell and the survivor of them and the executors and administrators of such survivor shall and do pay or cause to be paid all the residue or overplus of the rents and profits of the said leasehold premises respectively which shall from time to time remain after answering the purposes aforesaid to my dear wife Annastasia or other wise authorise and empower or permit or suffer her to receive and take the same during her widowhood and so long as she shall continue unmarried,
And my will is and I do hereby direct that the said William Lash and John Moore Haskell and the survivor of them and the executors and administrators of such survivor shall and do from and after the decease or marriage of my said wife subject and without prejudice to the trusts aforesaid stand and be possessed of all the said leasehold premises respectively upon and for such future trusts intents and purposes as are hereinafter mentioned and expressed of and concerning the same respectively that is to say in trust for my daughter Margaret Kate Caldwell and such other child or children as may hereafter be born unto me by my said wife in equal proportions for and during her or their lives; but if it shall so happen that my said daughter and any such child or children that may hereafter be born to me by my said wife shall die before she or they shall attain the age of twenty one years without issue then and in that case my will is and I do hereby direct that the said William Lash and John Moore Haskell and the survivor of them and the executors and administrators of such survivor shall and do from and after the decease of my said daughter and after the decease of such other child or children as may be born unto me by my said wife shall hold the said leasehold premises in trust for my brother William Lash and my nephew John Fannon Lash son of my said brother William Lash in manner following that is to say, I give and devise to my said brother William Lash the sum of twenty pounds per annum and the residue to my said nephew John Fannon Lash for ever. The residue and remainder of all my estate both real and personal not herein disposed of I give and grant to my dear wife for her own use for ever. John Lash (LS)

Signed sealed published and declared by the said John Lash the testator as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have hereunto set our hands as witnesses this eighteenth day of January in the year of our Lord one thousand eight hundred and forty seven, Margaret Lash,    Hannah Haskell.

Whereas I John Lash of Saint John's have by my last will and testament in writing duly executed bearing date the eighteenth day of January one thousand eight hundred and forty seven given and bequeathed to my daughter Margaret Kate Caldwell and to such other child or children that may be hereafter born unto me by my said wife all the profits arising from certain leasehold premises in case of said wife should again marry now I the said John Lash being desirous of altering my said will in reference to the said legacies or legacy do therefore make this present writing which I will and direct to be annexed as a codicil to my said will and taken as part thereof; and I do hereby revoke the said legacy or legacies by my said will given to my said daughter and to such other child or children that may hereafter be born unto me by my said wife, and I hereby give to my said wife notwithstanding she marry again a child's proportion, that is to say, she is to receive an equal proportion with my said daughter or other child or children that may hereafter be born of her by me.
In witness whereof I have hereunto put my hand and seal and publish and declare this to be my last will and testament this nineteenth day of January one thousand eight hundred and forty seven. John Lash (LS) In presence of Margaret Lash,     Hannah Haskell.

Certified correct
D.M. Browning
Registrar


Will of John Lash
from Newfoundland will book labeled, "REGISTRY OF WILLS 1846," pages 106 to 111 probate year 1847.

I John Lash of St. Johns in the Island of Newfoundland Merchant being in good health of body and of sound and disposing mind and memory. And being bound on a voyage to Ireland &c. do make and publish this my last will and Testament hereby revoking and making void all former wills by me at any time heretofore made.

First, I hereby constitute and appoint my brother William Lash, and my brother in law John Moore Haskell, both of St. John's aforesaid, accountants, and the survivor of them, Executors and Executor of this my last Will and Testament. After payment of my just debts and charges I dispose of my Estate as follows; I give and devise all those premises, with all the erections which now are or which may hereafter be made thereon, situate in Water Street and at Monkstown in St. Johns aforesaid which I hold by lease under Richard Wood, and under James Buchanan Hutton - unto the said William Lash and John Moore Haskell their Executors Administrators and assigns for and during all the residue and remainder of the several years which shall be to come and unexpired of and in the said leasehold premises respectively, at my decease, upon and for the trusts, intents, purposes and with and subject to the powers and provisos hereafter mentioned and expressed of or concerning the same (that is to say) upon trust in the first place that they the said William Lash and John Moore Haskell and the Survivor of them and the Executors and Administrators of such Survivor shall do, by and out of the rents and profits of the said leasehold property or premises yearly and every year, and at all times and seasons, duly pay, satisfy and perform the several rents, covenants and agreements, which are reserved and contained by and in the leases of the said leasehold premises respectively, and upon further trust that they the said William Lash and John Moore Haskell and the Survivor of them and the executors and administrators of such survivor shall and due pay, or cause to be paid all the residue or overflow of the rents and profits of the said leasehold premises respectively which shall from time to time remain after answering the purposes aforesaid, to my dear wife Annastasia or otherwise, authorize and empower or permit or suffer her to receive and take the same during her widowhood and so long as she shall continue unmarried;
And my will is and I do hereby direct that the said William Lash and John Moore Haskell and the survivor of them and the Executors and administrators of such survivor shall and do from and after the decease or marriage of my said wife, subject and without prejudice to the trusts aforesaid, stand and be possessed of all the said leasehold premises respectively, upon and for such future trusts, intents and purposes as are hereinafter mentioned and expressed of and concerning the same respectively (that is to say) in trust for my daughter Margaret Kate Caldwell and such other child or children as may hereafter be born unto me by my said wife in equal proportions for and during her or their lives, but if it shall so happen that my said daughter and any such child or children that may hereafter be born to me by my said wife shall die before she or they shall attain the age of twenty one years without issue then and in that case, my will is, and I do hereby direct that the said William Lash and John Moore Haskell and the survivor of them and the Executors and Administrators of such survivor, shall and do from and after the decease of my said daughter and after the decease of such other child or children as may be born unto me by my said wife, shall hold the said leasehold premises in trust for my brother William Lash and my Nephew John Fannon Lash son of my said brother William Lash in manner following. That is to say, I give and devise to my said brother William Lash the sum of twenty pounds per annum and the residue to my said Nephew John Fannon Lash for ever. The residue and remainder of all my estate both real and personal, not herein otherwise disposed of I give and grant to my dear wife for her own use for ever. John Lash

Signed, sealed, published, and declared by the said John Lash the testator as and for his last Will and Testament in the presence of us, who at his request and in his presence, and in the presence of each other, have hereunto set our hands as Witnesses this Eighteenth day of January in the year of our Lord, one thousand eight hundred and forty seven, Margaret Lash,   Hannah Haskell.

B

Whereas I John Lash of Saint John's have by my last will and Testament in writing, duly executed bearing date the Eighteenth day of January One thousand Eight hundred and forty seven, given and bequeathed to my daughter Margaret Kate Caldwell and to such other child or children that may be hereafter born unto me by my said wife all the profits arising from certain leasehold premises in case of said wife should again marry.
Now I the said John Lash being desirous of altering my said Will in reference to the said legacies or legacy do therefore make this present writing which I will and direct to be annexed as a Codicil to my said Will, and taken as part thereof, and I do hereby revoke the said legacy or legacies by my said will given to my said daughter, and to such other child or children that may hereafter be born unto me by my said wife. And I hereby give unto my said wife, notwithstanding she marry again, a childs proportion, that is to say, she is to receive an Equal Proportion with my said daughter or other child or children that may hereafter be born of her by me.
In witness whereof I hereunto put my hand and seal and publish and declare this to be my last Will and Testament this Nineteenth day of January One thousand Eight hundred and forty seven. John Lash In presence of us Margaret Lash,   Hannah Haskell.

Newfoundland. In the Supreme Court, Saint Johns to wit,
Margaret Lash wife of William Lash of St. Johns Gentleman, maketh oath and saith that she was present and did see John Lash in the annexed paper writing named duly sign seal publish and declare the paper writing marked (A) as and for his last Will and Testament and the paper writing marked (B) as and for a codicil to his said will in the presence as well of this Deponent as of Hannah Haskell the other subscribing Witness thereto, and this deponent further saith that the said John Lash at the time of publishing his said last Will and Testament was of sound and disposing mind memory and understanding to the best of Deponents knowledge and belief. Margaret Lash
Sworn before me at St. Johns this 20th day of September A.D. 1847.
Robt. R.W. Lilly.   Commss. of Affidavits.

 

 

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 9, 2002)

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