Will of David Brien of Island of Newfoundland , North America.
Written 12 April 1806* - Probated 22 July 1808
Records of the Prerogative Court of Canterbury Collection
PROB 11/1482/50 Reference Image 61 - Page 62
The National Archives, Kew, Richmond, Surrey, England.

In the Name of God Amen
whereas I am on the Eve of proceeding on a
voyage to Newfoundland and being sound of body
and mind I do make this my last Will and
Testament ffirst in case of my death I appoint Mr
Arthur Hunt of Dartmouth and Mr John Hine of
Dartmouth Merchants my whole and sole Executors
in Trust that they pay all Expenses in committing my
body to the Grave that they pay within twelve
Months and one day after my decease all just claims
and Sue for and recover all Debts that is now Due
to me or may hereafter become Due or owing to me
in In Trust and in manner following that is to say
I leave and bequeath to my beloved Wife every part
and parcel of my Real and personal property so
long as she lives unmarried after my decease and
after her decease I leave and bequeath to my loving
Child or Daughter Mary Brien the whole of my
property but should my Wife prove with child now
then after my Wife's decease and so long as she
does not marry again the whole of my property to
be equally divided between our Children by the said
Trustees so soon after they arrive at the age of twenty
or before if either of them get married but not to
either of them or any of them under that age unless
they get married and should it so happen that my
Wife Mary Brien in case of my decease get
married then and in that case I leave and bequeath
to her one fourth part of my aforesaid property
but should my said Wife Mary Brien live so long
as my Child Mary Brien or so many of them as
may be should arrive at the age of twenty or get
married I leave to my said Wife one half the
property I possess for her Maintenance so long as she
lives unmarried. Dated Dartmouth April 12^th 1806*
David Brien

The Eighteenth day of July 1808

Appeared Personally
Richard Langworthy Hingston of Dartmouth in the
County of Devon Merchant and William Evans Nichols
of Dartmouth aforesaid Gentleman and being sworn to
depose the truth made oath that they knew and were
intimately acquainted with David Brien late of Dartmouth
in the County of Devon but at the Island of Newfound
land deceased for some time before and to the time of
his death and also with the manner and character
of his hand writing and subscription having often
seen him write and also subscribe his name and
having now carefully reviewed and perused the paper
writing hereunto annexed purporting to be and to
contain the last Will and Testament of the said
deceased which begins thus: In the Name of God
Amen ends thus Dated Dartmouth April 12^th 1800*
and thus subscribed David Brien do say that they
verily and in their consciences believe that the whole body
scribs? and contents of the said Will beginning ending
and subscribed as aforesaid to have been so scribd? by
and with the proper hand of the said David Brien
deceased and of no other person whatever - Richd L
Hingston - Wm E Nicholls - Same day the said Richard
Langworthy Hingston and William Evans Nichols were
duly sworn to the truth of this affidavit by virtue of
the Commission hereto annexed - before me - John
Charter Commr.

On the twenty second day of July in the year
of our Lord one thousand eight hundred and eight
Admon (with the will annexed of all and singular
the Goods Chattels and Credits of David Brien late
of Dartmouth in the County of Devon but at the
Island of Newfoundland deceased was granted to Mary
Brien Widow the Relict of the said deceased and the
universal Legatee named in the said Will having
been first sworn by comon? duly to administer Arthur
Hunt and John Hine the Executors named in the
said will having first renounced.
Ex^d.

NOTES:

1/ The spelling, use of capitals, symbols, and punctuation (or lack thereof) mimics the original document as much as possible. The surname in this document is spelled Brien, but in other documents, it is also spelled Brine. Transcriber's notes are in brackets, e.g. - [xx]. Line length is the same as in the original document. Any undecipherable or questionable words in the transcription are indicated by question marks.

2/ The double f (ff), used at the beginning of a word, was the way a capital F was written in earlier English and Colonial times.

3/ There appears to be some confusion as to which year the will was actually drawn up; 1800 or 1806. The will clearly shows 1806, but the probate notations appear to indicate 1800. However this difference may be an error, or an ink skip.

4/ Some words in the original document may contain the 18^th century "long s". The "long s" looks much like a lower case letter f, and is frequently used in older documents. For example, a word such as "Commission" looks like it is spelled as "Commifsion". Words with this "long s" have been transcribed with a lower case s in this document.

5/ The word "comon" has a dash over the top of the m. It appears to be an abbreviation of the word commission or commissioner.

6/ The abbreviation (Ex^d. ) at the end of probate notations appears to be added as an indication that the will has been legally "executed".