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A Collection of Newfoundland Wills
(M)
John McKee

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 McKee
from Newfoundland will books volume 1 pages 549 & 550 probate year 1848

In re
     John McKee      deceased.

This is the last will and testament of me John McKee of Carbonear in Conception Bay within the Island of Newfoundland Dealer and Chapman, Imprimis I request that my executors hereinafter named do immediately after my decease lock up and secure all my effects and take possession of all keys cash and other valuables in trust for my several children hereinafter mentioned and I do further request that my said executors will cause my body to be decently interred in a vault at Carbonear and that after all my funeral and other expenses are defrayed and all other debts and demands lawfully due and received and paid they will invest all cash that can be immediately realized into Government security and my remaining property hereafter to be disposed of to the best advantage to benefit the estate. And if the proceeds thereof be above twenty pounds that also to be vested in the like security but if the sum be less than this it is to be appropriated by my wife Providence McKee or otherwise for the benefit of my children then I bequeath all the interest arising from all such monies as may be vested in Government security as also the entire use of the dwelling house and premises now occupied by me at Carbonear to my said wife Providence McKee towards educating maintaining and supporting my said children and herself during such time only as she shall remain a widow. Should she be again married or die my wish is that my executors do take the sole and immediate charge of all monies premises and effects then remaining for the sole use and benefit of my then surviving children and provided that each of my said children avow a continuance in my religious faith untill my youngest surviving child shall become twenty one years of age Then I give unto my several children namely Matthew, John, Ann, Providence and Betsey all such monies as may have been vested in Government security and with all my personal estate of every kind whatsoever (Except twenty pounds and my house and premises at Carbonear) to each of them share and share alike but if any one or more of my aforesaid children shall die or apostatize from the Protestant faith than his her or their share of such property beforementioned to be divided amongst the survivors of them as may be adherents to my Christian Faith.

I do further bequeath and give unto my sons Matthew and John McKee over and above their share in the aforenamed property all my said dwelling house and premises at Carbonear which I now occupy to each of them an equal moiety
And I give to my natural daughter Bridget now living with me the sum of twenty one pounds when she shall or may attain the age of twenty one to be paid her out of funds vested in Government security
And it is also my will and desire that all my children be educated in the protestant faith and that if any or either of them shall turn from that faith before or after the youngest surviving child shall be of age and the property shall have been divided he she or they turning from the protestant faith shall under virtue of this specific bequest be subject to refund all such money as he she or they may actually have received and the same shall be again equally divided amongst the surviving protestant children.
I also nominate and appoint John Elson Esquire and Mr. William Best of Carbonear to be executors of this my last will and testament and also give unto them their executors administrators and assigns and to each of them the sum of one guinea and to my executors aforesaid I give the sole charge and management of all my real and personal property for the benefit of my said children until each of them shall have attained the age of twenty one years.
In witness whereof I have hereunto set my hand and seal this twenty ninth of January in the year one thousand eight hundred and twenty four being in perfect health and of sound mind and memory. John McKee (LS)
Signed sealed and delivered in the presence of us after the several erasures in the name McKee had been made, R.C. Bray, School Master at Harbor Grace.   Lucy Henessy

Certified correct
D.M. Browning
Registrar


Will of John McKee from Newfoundland will book labeled, "REGISTRY OF WILLS 1846," pages 148 to 151 probate year 1848.

This is the last will and testament of John McKee of Carbonear in Conception Bay within the Island of Newfoundland Dealer and Chapman, Imprimis ~ I request that my executors hereinafter named do immediately after my decease lock up and secure all my effects and take possession of all keys cash and other valuables in trust for my several children hereinafter mentioned and I do further request that my said executors will cause my body to be decently interred in a vault at Carbonear and that after all my funeral and other expenses are defrayed and all other debts and demands lawfully due and received and paid, they will invest all cash that can be immediately realized into Government Security. And my remaining property hereafter to be disposed of to the best advantage to benefit the estate.
And if the proceeds thereof be above twenty pounds that also to be vested in the like security but if the sum be less than that, it is to be appropriated by my wife Providence McKee, otherwise for the benefit of my children.
Item.   I bequeath will give all the interest arising from all such monies as may be vested in Government security as also the entire use of the dwelling house and premises now occupied by me at Carbonear to my said wife Providence McKee towards educating maintaining and supporting my said children and herself during such time only as she shall remain a widow. Should she be again married or die my wish is that my executors do take the sole and immediate charge of all monies premises and effects then remaining for the sole use and benefit of my then surviving children.
And provided that each of my said children avow a continuance in my religious faith until my youngest surviving child shall become twenty one years of age, Then I give unto my several children namely Mathew, John, Ann, Providence and Betsy all such monies as may have been vested in Government security and with all my personal estate of every kind whatsoever (Except twenty pounds and my house and premises at Carbonear) to each of them share and share alike, but if any one or more of my aforesaid children shall die or apostatize from the Protestant faith than his her or their share of such property before mentioned to be divided amongst the survivors of them as may be adherents to my Christian Faith.
I do further bequeath and give unto my sons Mathew and John McKee over and above their share in the aforesaid property all my said dwelling house and premises at Carbonear which I now occupy to each of them an equal moiety
And I give unto my natural daughter Bridget now living with me the sum of twenty one pounds when she shall or may attain the age of twenty one to be paid her out of funds vested in Government security
And it is my will and desire that all my children be educated in the Protestant Faith and that if any or either of them shall turn from that faith before or after the youngest child shall be of age and the property shall have been divided he she or they turning from the Protestant Faith shall under virtue of this specific bequest be subject to refund all such money as he she or they may actually have received and the same shall be again equally divided amongst the surviving Protestant children.
I also nominate and appoint John Elson Esquire and Mr. William Best of Carbonear to be executors of this my last Will and Testament and also give unto them their executors administrators and assigns unto each of them the sum of one guinea and to my executors aforesaid I give the sole charge and management of all my real and personal property for the benefit of my said children until each of them shall have attained the age of twenty one years.

In witness whereof I have hereunto set my hand and seal this twenty ninth of January in the year one thousand eight hundred and twenty four being in perfect health and of sound mind and memory. John McKee (LS)
Signed sealed and delivered in the presence of us after the several erasures in the name McKee had been made, R.C. Bray, Schoolmaster at Harbor Grace.   Lucy Hennessy

In the Northern District - Harbor Grace to wit ~
This Deponent Joseph Peters of Carbonear in the Island of Newfoundland, Teacher maketh oath and saith that he was acquainted with the handwriting of Robert C. Bray the subscribing witness to the annexed will and that the said Robert C. Bray is deceased and the Deponent verily believed that the signature to the said will R.C. Bray, is the proper handwriting of the said Robert C. Bray   Joseph Peters -

Sworn before me at Harbor Grace this tenth day of June A.D. 1848 Jno C Nuttall Comm.

In the Northern District - Harbor Grace to wit
This Deponent Mathew McKee of Carbonear in the Island of Newfoundland maketh oath and saith that John McKee the Testator named in the said delivered will is the true last will and testament of the said John McKee and that the executors also named therein John Elson and William Best are also deceased, the witness to the last will R.C. Bray is likewise dead and Lucy Hennessy the other witness after all due ??? research and ??quity having been made by this Deponent can no where be found, nor can this deponent obtain any information whatever of the said Lucy Hennessy
Mathew McKee

Sworn before me at Harbor Grace the tenth day of June A.D. 1848 Jno Chas Nuttall Comm.

 

 

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 (October 10, 2002)

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