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A Collection of Newfoundland Wills
(B)
Ralph Brake

 

This is the last Will and Testament of me Ralph BRAKE of the Bay of Islands in the Island of West Newfoundland Planter. First I will and direct that all my just debts and Funeral and testamentary expenses shall be fully paid and ? satisfied by my Executors hereinafter named. I give and bequeath unto my son John Matthews BRAKE the sum of forty pounds, also give and bequeath unto my son Joseph Matthews BRAKE the sum of one hundred pounds. Also give and bequeath unto my daughter Elizabeth Matthews, the wife of Thomas PARK of the Bay of Islands aforesaid the sum of twenty pounds. Also I give and bequeath I unto my daughter Jane Matthews the wife of William WHELLOR of the Bay of Islands aforesaid the sum of twenty pounds and also I give and bequeath unto my son Robert Matthews BRAKE the sum of one hundred pounds which said five legacies of forty pounds one hundred pounds, twenty pounds, twenty pounds and one hundred pounds. I will and direct shall be paid by my said Executor out of my property in England and all and singular the cost residue and remainder of the property which I shall be possessed of or entitled to at the time of my decease or over which I have a disposing power or whether the same consists of money in the funds or otherwise upon security or a interest book and other debts, stock in trade or what ever other sort or kind the same or any part thereof may be.

I give, devise and bequeath the same unto my sons Robert Matthews BRAKE, Ralph Matthews BRAKE, William Matthews BRAKE, Thomas Matthews BRAKE, James Matthews BRAKE and Edward Matthews BRAKE their heirs executors administrators and assigns equally between them, share and share alike so long as they continue together in Co-partnership but if either of my said sons should part from the said Company or Partnership previous to my decease then my will and desire is and I do hereby order and direct that at my decease he be paid the sum of one hundred pounds in full discharge of his share and interest in the last named bequest and I do herby further order and direct that if one or more of my said sons should die during my lifetime then my will and desire is that the share or shares of him or them so dying should become the property of the surviving brothers equally between them share and share alike and I do hereby nominate and appoint Willam BLANCHARD of the Bay of Islands as aforesaid Executor of this my will as regards all my property and effects in the Bay of Islands aforesaid and described in the Island of Newfoundland and I do hereby nominate and appoint Joseph BIRD of East Orchard(?) in the County of Dorset England Merchant Executor of this my will as regards all my property and efforts in England. In witness whereof I have hereunto set my hand and seal this fifth day of August in the year of our Lord one thousand eight hundred and thirty eight. The Mark and Seal of "X" Ralph BRAKE Witness William WOLFE. The Mark of "X" William GAULTON.

Appeared personally William WOLFE of Bonne Bay near the Bay of Islands in the Island of Newfoundland Merchant Clerk but at present residing in the parish of Saint James in the Town and County of the Town of Poole and made oath that he is one of the subscribed witnesses to the last will and testament of Ralph BRAKE late of the Bay of Islands aforesaid Planter deceased. The said will now hereto annexed and bearing date the fifth day of August one thousand eight hundred and thirty eight and he further gave oath that on the said fifth day of August one thousand eight hundred and thirty eight the said Testator duly executed the said will by pacing his mark at the foot or end thereof in the presence of this despondent and of William GAULTON the other witness hereto both of whom were present at the said time and this despondent thereupon attested and subscribed the said will in the presence of the said Testator and the said William GAULTON thereupon attested the same by placing his mark thereto also in the presence of the said Testator and as further more oath that previous to the death of the said deceased the said deceased sons Ralph Matthews BRAKE and William Matthews BRAKE left the co partnership with the said deceased other sons Robert Matthews BRAKE, Thomas Matthews BRAKE, James Matthews BRAKE and Edward Matthews BRAKE and he further made oath that at the time of the said deceased death the said deceased sons Robert Matthews BRAKE, Thomas Matthews BRAKE James Matthews BRAKE and Edward Matthews BRAKE were in co partnership together and have so continued ever since and are at the present time in co partnership together. William WOLFE on the twenty seventh day of January 1844 the said William WOLFE was duly sworn to the truth of this affidavit by virtue of the annexed County. James C PARK Minister of St Peter's Church in the Parish of Parkston in the County of Dorset.

On the 13th of February 1844 Admin with the the Will annexed of all and singular the Goods Chattles and Credits of Ralph BRAKE late of the Bay of Islands in the Island of Newfoundland planter deceased was granted to Thomas Street BIRD the lawful Attorney of Edward Matthews BRAKE the son of the said deceased and one of the continuing partners in Trade with Robert Matthews BRAKE Thomas Matthews BRAKE and James Matthews BRAKE sons also of the said deceased at the time of the death of the said deceased and as such one of the Residuary Legatees named in the said will for the use and benefit of the said Edward Matthews BRAKE residing at the said Bay of Islands and until he shall apply for and obtain Letters of Admin with the said annexed of the Goods of the said deceased to be granted to him having been first sworn by commission duly to administer. Joseph BIRD the executor for England named in the said having died in the lifetime of the said deceased.

(*transcriber's note: The following was written in another handwriting in the margin on page two of the will. There is also an entry on the top of the last page of the will which pertain to the letters of Admin, but it is not very legible)

On the 21st December 1866 Admin (with will) of the personal Estate and Effects of Ralph Brake late of the Bay of Islands in the Island of Newfoundland Planter deceased who died 4th May 1842 at the Bay of Islands aforesaid left un-administered by Edward Matthews BRAKE deceased whilst being the son of the said deceased and one of the Residuary legatees named in the said Will was granted to Henry DANIELL that admins of the personal Estate and Effects of the said Edward Matthews BRAKE for the use and benefit of William Matthews BRAKE (the natural and lawful Brother and one of the next of kin of the said Edward Matthews BRAKE) now residing at the Bay of Islands aforesaid and until he shall duly apply for and obtain letters of Admin of the personal Estate and Effects of the said Edward Matthews BRAKE to be granted to him he the said Henry DANIELL having been first sworn Joseph BIRD the sole executor (for England) having died in the lifetime of the said deceased Robert Matthews BRAKE, Thomas Matthews BRAKE, James Matthews BRAKE the sons also the other Residuary legatees named in the said Will being also dead The said Edward Matthews BRAKE, Robert Matthews BRAKE, Thomas Matthews BRAKE and James Matthews BRAKE being engaged in Trade together in co Partnership down to and at the time of the death of the said deceased Ralph Matthews BRAKE and William Matthews BRAKE the sons also of the said deceased having ceased to be members of the said Co partnership previous to the said deceased Death.

Probate:

Ralph BRAKE       21st. Dec 1866
Letter of Administration of the personal estate and effects of Ralph BRAKE late of the Bay of Islands in the Island of Newfoundland, Planter, deceased who died 4th. May 1842 at the Bay of Islands aforesaid, Left un administered by Edward Matthews BRAKE, the Son and one of the Residual Legatees named in the said Will, were granted at the Principal Registry under certain specialities to Henry DANIELL of Gotha cottages Tulse Hill road in the County of Surrey, Gentleman, the Administer of the Personnel estate and effects of the said Edward Matthews BRAKE for the use and benefit of William Matthews BRAKE now residing at the Bay of Islands aforesaid, the brother and one of the Next of Kin of the said Edward Matthews BRAKE, he, the said Henry DANIELL having been first sworn. Former Grants Prerogative Court of Canterbury February 1844 (Cessate) and October 1848.

 

 

Copy of this will was provided by Daphne Park

Transcribed by Daphne Park and Linda Elkins-Schmitt

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013 AST)

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