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Miscellaneous Deeds, Grants, Petitions & Wills
(C)
William Carter

 

[This will was initially recorded at the Supreme Court of Newfoundland after William Carter's death in March 1840. See transcription on NBG page: (http://ngb.chebucto.org/Wills/carter-william-1-347.shtml). The indications gleaned from the extra notes provided in the 1841 PCC document indicate that two of the co-executors, Thomas Bennett and Robert Carter, had renounced their obligations leaving the responsibility of administration and probation solely with the remaining executor, Peter Weston Carter. This document appears to be for record purposes only, the wording of will being identical to the Supreme Court version, with the exception of a few minor differences and conversions of certain words to abbreviations.]

Will of William Carter
from National Archives of England PROB 11/1949/415; Description: Will of William Carter of Ferryland in the Southern District, Newfoundland; Date: 28 August 1841

William Carter, Esq. 15

In the Probate Office of the Supreme Court of Newfoundland                     
By the Honourable John Gervas Hutchinson Bourne Esquire
        Chief Justice and the Honourable Augustus Wallet Des Barres and
 George Lilly Esquires
Afsistant Judges of the Supreme Court of
Newfoundland.                                                                              

We do by these presents make known to all Men that on the fifteenth
day of May one thousand eight hundred and forty and in the third year
of the Reign of Our Sovereign Lady Victoria Before Robert R. W. Silly a
commifsioner for that purpose appointed of the Supreme Court of
Newfoundland the last will and Testament of William Carter late of
fferryland in the Southern District of the Island aforesaid Esquire
deceased hereunto annexed was proved approved and ordered to be
registered the said deceased having whilst living and at the time of his
death divers Goods Chattels Credits and effects in the said island and
within the Jurisdiction of the Supreme Court of Newfoundland by rea-
son whereof the proving and registering the said Will and granting
Letters of Administration of all and singular the rights goods chattels
credits and effects of the said deceased and also the auditing allowing
and final discharging the amounts thereof are well known to
appertain only and wholly to the said Supreme Court and that
Admon of all and singular the rights goods chattels credits and effects
of the said deceased and any way concerning his last Will and Testa-
ment was granted to Peter Weston Carter of Saint John's in the
Central District of the Island aforesaid Esquire one of the Executors
named in the said Will be having first sworn well and faith-
fully to administer the same and to make a true and perfect Inven-
tory of all and singular the rights goods chattels credits and effects
of the said deceased and to exhibit the same into the Registry of the
said Supreme Court of Newfoundland in St. John's in the Island
aforesaid on or before the last day of April next & also to render a just &
true account thereof when thereto lawfully required.

     In Testimony whereof we have caused the Seal of
     the said Supreme Court to be hereunto affixed at
     St. John's aforesaid the thirteenth day of October one
     thousand eight hundred and forty A.D. 1840

          By Order

     (signed) Edwd M Archibald
                  Chief Clerk & Registrar
                  Supreme Court of Newfdland

In the Name of God Amen

I William Carter Judge of the Vice Admiralty Court of Newfoundland
at present residing in the District of fferryland being sick and weak of body
but of sound mind memory and understanding do make this my last will
and testament in manner and form following (that is to say) I recommend
my soul to God hoping his Gracious acceptance of it through the merits
of Jesus Christ and my body to the Earth to be decently buried. ffirstly I
will the just payment and discharge of all my lawful debts as soon as
conveniently may be after my death Secondly I give and bequeath unto my
well beloved wife Catherine Carter the interest of two thousand pounds
lawful money of Great Britain with such rents as may be collected from my
ffishing rooms and plantations wheresoever situate during her natu-
ral life Thirdly after the demise of my beloved wife I give & bequeath to
my Daughter Catherine Carter one hundred pounds Sterling p annum to be paid
out of any monies I may have at interest or from the rents of my ffishing
rooms or plantations ffourthly I will and desire that all monies at
interest and property of whatsoever nature or kind (provision being
first made for the payment of one hundred pounds Sterling per annum
to my daughter Catherine) be equally divided between my Sons Peter
Weston Carter
one of His Majesty's Justices of the Peace for the Central
District of this Island Robert Carter Lieutenant in His Majesty's Navy
and Arthur Hunt O'Brien Carter their executors admors and afsigns
ffifthly I will and devise to my Son Peter Weston Carter the house and
grounds he at present occupies in Saint John's he his heirs exors and
admors paying seven hundred and seventy pounds currency being the
purchase money of the said property together with the Conveyancer's
(Mr. Wakeham's) account and fee for recording the same to my exors
admors and afsigns with interest of five per cent per annum until the
purchase money &c. shall be paid Sixthly I give and bequeath to my
Daughter Catherine Carter the use of the house I at present reside in
commonly called Dr. Moore's house with the fields in front and rear of the
same Maxeys field and such furniture plate cattle horses farming
utensils and the sheep as she may be desirous of keeping or using
during her natural life but should my said Daughter prefer any
other place of residence the house fields cattle plate &c to be divided equal-
ly between my Sons aforesaid. In the event of my Daughter marrying
and having lawful ifsue then and in that case the annuity of one hun-
dred pounds Sterling with the privileges aforesaid shall cease and
determine and she shall be entitled to share alike with my Sons before
mentioned otherwise during her coverture she shall be entitled to the
sum of one hundred pounds Sterling p annum as aforesaid Seventhly
It is to be understood that the purchase money and interest to be paid
by my Son Peter Weston Carter for the house and ground occupied by him in
Saint John's is not to interfere in any manner with the share which he
will be entitled to from monies landes or other property which I now or
hereafter may pofsefs but that he his heirs exors & admors are to rece-
ive an equal share thereof with my other children Eighthly I require
that an Inventory of my property of whatsoever kind be taken immediately
after my death and delivered to my Executors Ninthly All my Rooms and
ffishing Establishments are to be let to hire by my executors immediately
after my death And lastly I do hereby constitute and appoint Thomas
Bennett Esquire,
Speaker of the House of Afsembly Robert Carter Esquire Sub-
Collector of His Majesty's Customs and Peter Weston Carter of Saint John's
Magistrate Executors of this my last Will and Testament hereby revoking
all others In testimony whereof I have hereunto set my name and seal
this eighth day of April in the year of our Lord one thousand eight hundred
and thirty six ---- Willm Carter (LS) --- Signed sealed published and
delivered by the said William Carter the Testator and for his last Will &
Testament in presence of --- Robert Carter --- Betsy Paul --- Cathn Carter #

Island

[Second page]

Island of Newfoundland }
In the Supreme Court     }

I Edward Mortimer Archibald Chief Clerk and
Registrar of the Supreme Court of the Island aforesaid do hereby certify
that the within is a true and correct copy and exemplification of the
late Will and Testament of William Carter late of fferryland in the
Southern District Esquire and also a true copy of the probate thereof
granted in the form of Law to Peter Weston Carter of St. John's in
the Central District of the Island aforesaid one of the Executors named in
the Will.

L S
In Witnefs whereof I have hereunto affixed the Seal of
the said Supreme Court and Subscribed my name at
Saint John's in the Island aforesaid this twenty sixth day
of April one thousand eight hundred and forty one A.D. 1841.

Edwd M. Archibald
Chief Clerk & Registrar
Sub. Court Newf ld

On the 28th day of August 1841 Admon (with the Will annexed) of the
goods chattels and credits of William Carter late of fferryland in the
Southern District of the Island of Newfoundland Esquire deceased limited to rules as are in Great Britain
was
granted to Thomas Holdsworth Brooking the lawful Attorney of Peter
Weston Carter
the Son one of the Executors named in the said Will having
been first sworn duly to administer, for the use and benefit of the said
Peter Weston Carter now residing at Saint John's in the said Island of
Newfoundland and until he shall duly apply for and obtain probate
of the said will to be granted to him. Thomas Bennett and Robert Carter
also the Son the other Executors named in the said Will having renounced
the probate and execution of the said Will and also the Letters of Admon
(with the same annexed) of the Goods of the said deceased (as by Arts. of
P. Court appears) #


NOTES:

1/ The spelling, use of capitals, symbols, and punctuation (or lack thereof) mimics the original document as much as possible. Transcription notes are in square 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/ Some words in the original document may contain the 18th 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 "witness" looks like it is spelled as "witnefs".

4/ The enclosed letters ( LS) denote that a Legal Seal was applied to the original will.

5/ The probate term "admon" usually refers to a grant of administration to a person who applies to handle the estate affairs of someone who has died without a will (intestate). However, admon can also be granted for wills that have become encumbered by irregularities or for wills that may have been not successfully administered in a timely fashion

 

 

Page Contributed by Kevin Reddigan

Page Revised by Ivy F. Benoit (Sunday March 10, 2013)

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