PREROGATIVE COURT OF CANTERBURY

WILL OF JOHN CLINCH
TRINITY - 1816

I JOHN CLINCH of TRINITY in the Island of Newfoundland Clerk being of sound mind memory and understanding do make and ordain this to be my last Will and Testament in manner following that is to say first I give devise and bequeath unto my dear WIFE HANNAH CLINCH for and during the term of her natural life all and singular my dwelling houses ffishing rooms plantations and hereditaments whatsoever situate in the said Island of Newfoundland or elsewhere and also the interest dividends and annual (produce?) arising or to arise from all my money that now is or may hereafter be placed in the public stocks or ffunds of Great Britain in my name hereby authorizing and empowering Mr. GEORGE GARLAND SENR of the Town and County of POOLE in Great Britain Merchant to pay the same as the Interest comes due also I give and bequeath unto my said wife all the rest residue and remainder of my money Bills (?oof) debts wearing apparel goods chattels personal Estate and Effects whatsoever and wheresoever and as to the Household ffurniture from and after her death to be disposed of at the discretion of my said wife among our several surviving children chargeable nevertheless with all my just debts and ffuneral expenses and after the decease of my said wife I give devise and bequeath unto the said GEORGE GARLAND his heirs Exors admons and assigns respectively all and singular my dwelling houses ffishing rooms or plantations ffunded property and money and also all my Real and personal estate and effects whatsoever and wheresoever and of what nature or kind soever except the said household ffurniture upon the trusts nevertheless and to and for the interest and purposes hereinafter mentioned that is to say as to for and concerning all that my ffishing room or plantation situated in TRINITY aforesaid called the (?UDDIST?) ROOM and now in the occupation of JOHN (HARTROITH?) the appurtenances and also the sum of two hundred pounds for the use and benefit of my oldest son EDWARD (LERNIER?) CLINCH for and during his natural life and from and after his death in trust to be actually divided amongst his surviving brothers and Sister and the issue of such as shall be dead to take his her or their deceased ffathers or mothers share thereof supposing that they were then living and in being as to all that part of a ffishing room or plantation situate in HARVEYS COVE in TRINITY aforesaid now situated in the ffishery by Messr PIDDLE and WEATHERAL with the appurtenances and also the sum of one hundred and fifty pounds funded property from and after the decease of my said wife in terms for the use and benefit of my SON THOMAS CLINCH for and during his natural life and from and after his death in trust to be equally divided amongst his surviving Brothers and Sister and the issue of such as shall then be dead to take his her or their deceased ffather or mothers share thereof supposing that they were then living and in being and as to for and concerning all that my ffishing room or plantation situate and being at BAY DE VERDS in CONCEPTION BAY in Newfoundland aforesaid with the appurtenances and now in the occupation of the said GEORGE GARLAND and also the sum of fifty pounds ffunded property from and after the decease of my said wife in trust for the use and benefit of my SON GEORGE CHARLES (ROUTH?) CLINCH for and during his natural life and from and after his death in trust to be equally divided amongst his surviving Brothers and Sister and the issue of such as shall then be dead to take his her or their deceased ffathers or mothers share thereof supposing that they were then dead and in being and as to for and concerning all that my dwelling house together with the gardens meadows and buildings thereto belonging situate in TRINITY aforesaid and now in my own occupation and also all my Medicines Medical books surgical instruments pots (callipots?) bottles ffixtures and other articles belonging to the Shop from and after the decease of my said wife In trust for the use and benefit of my SON JOHN CLINCH in case he shall survive this Mother the said HANNAH CLINCH his heirs executors admons and assigns respectively but of my said SON JOHN shall die in the lifetime of my said wife leaving issue such issue is or are to have and be entitled to all and singular the aforesaid dwellinghouse with the appurtenances and all of the said Medicines and other articles belonging to the said Shop hereby given and bequeathed to my said SON JOHN share and share alike as to for and concerning all that my dwellinghouse together with the garden and appurtenances thereto belonging situate in TRINITY aforesaid and now in the occupation of MR. GEORGE SKELTON Surgeon and also the sum of two hundred pounds funded property from and after the decease of my said Wife in Trust for the use and benefit of my DAUGHTER MARY ELIZABETH CLINCH in case she shall survive her mother the said HANNAH CLINCH her heirs exors. Admons. and assigns respectively but if my said DAUGHTER MARY shall die in the lifetime of my said Wife leaving issue such issue is or are to have and be entitled to all and singular the aforesaid dwellinghouse with the appurtenances and also the said sum of two hundred pounds funded property hereby given and bequeathed to my said DAUGHTER MARY share and share alike and as to for and concerning one moiety or half part of and in all that my ffishing room or plantation situate and being in (SAM?) WHITE'S COVE in TRINITY HARBOUR with the appurtenances now in the occupation of and also the sum of three hundred pounds ffunded property from and after the decease of my said wife in trust for the use and benefit of my SON FFREDERICK GARLAND CLINCH in case he shall survive his Mother the said HANNAH CLINCH his heirs Excors admons and assigns respectively but if my said SON FFREDERICK shall die in the life of my said wife leaving issue such issue is or are to have and be entitled to all and singular the aforesaid moiety of the said ffishing room and also the said sum of three hundred pounds ffunded property hereby given to my said SON FFREDERICK share and share alike and as to for and concerning the remaining moiety or half part of and in all that the aforesaid fishing room or plantation situate and being in (SAM?) WHITE'S COVE in TRINITY HARBOUR aforesaid and now in the occupation of the said {blank space} with the appurtenances and also the sum of three hundred pounds ffunded property from and after the decease of my said wif ein trust for the use and benefit of my SON JOSEPH HART CLINCH in case he shall survive his Mother the said HANNAH CLINCH his heirs, exectrs admons and assigns respectivetly but if my said SON JOSEPH shall die in the lifetime of my said wife leaving issue and such issue is or are to have and be entitled to all and singular the said moiety of and in the said ffishing Room and also the whole of the said sum of three hundred pounds funded property hereby given to my said son JOSEPH share and share alike provided always that if either of my said children shall die in the lifetime of their mother the said HANNAH CLINCH and without leaving lawful issue then the whole of the Lands money and property hereby given to him or her or them shall be divided between and amongst his her or their Brothers and Sister that shall be living at the time of the death of my said Wife share and share alike and also the issue of such as shall be then dead and lastly I appoint my said WIFE HANNAH and the said GEORGE GARLAND Executrix and Executor of this my last Will and Testament. In Witness whereof I the said JOHN CLINCH the Testator have to this my last Will and Testament contained in this and the two preceding sheets of paper set my hand and seal to wit my hand at the bottom of the two preceding sheets and my hand and seal to this last sheet of paper the twenty seventh day of ffebruary in the year of our lord one thousand eight hundred and sixteen.

JOHN CLINCH

The writing contained in this and the two preceding sheets of paper was signed and sealed by the above named JOHN CLINCH the Testator and by him published and declared as and for the last Will and Testament in the presence of us who at his request in his presence and in the presence of each other hereto set our names as witnesses.

RICHd ASH

JOSEPH HART

JOHN MOOR JUNr

Proved at London 28^th Aug 1820 before the judge by the oath of HANNAH CLINCH ? the Relict one of the Exors. To whom admon. Was granted having been first sworn by ? duly to admr. Power reserved to GEORGE GARLAND ESQR, the other Exor.

Further notation in the right column, extremely small print, so difficult to read:

On the 5^th February 1823 , admon. with the ? of the goods chattels and credits of JOHN CLINCH late of TRINITY in the Island of Newfoundland in North America decd. left ? by HANNAH CLINCH WIDOW the Relict and one of the Executors and the Residuary? Legatee for life named in the said will was granted to JOHN CLINCH ESQ. the ? ? lawful son and one of the next of kin being first sworn duly to administer GEORGE GARLAND ESQ. The other Extor. and the residuary legatee. In trust ? named in the said will having first renounced as well the Probate and Execution these of and the Letters of Admon. the ? with the said…………. Of the goods of the said Deceased No ? Residuary legatees being named therein.