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A Collection of Newfoundland Wills
(S)
Henry Sweetland

 

 

Will of Henry Sweetland of Topsham, residing in Ferryland Newfoundland dated
24 December 1786 - Probate date - February 29, 1792.
Catalogue Reference: PROB 11/1215 Image Reference:135 Pages 142 &143
The National Archives, Kew, Richmond, Surrey, England.

In the Name of God Amen.
I, Henry Sweetland of Topsham in the County of
Devon, Merchant, now residing in fferryland2 in Newfoundland
do make and appoint this to be my last Will and
Testament in manner following (that is to say I give
and Bequeath to my dearly beloved wife Ann Sweetland
all my Right and Title in this plantation or ffishing
Room situate on the Down in fferryland formerly
Mogridges plantation also my Right and Title in
the Meadow or Inclosure3 and Cellar situate upon fferryland
Down near Dogswell adjoining Mr. Robert Carters Inclosure
also all my Right and Title in the Dwelling house
wherein I now live adjoining to Mr. Robert Carter's
Dwelling House together with all my Household
goods plate and ffurniture of every kind or nature
whatever as also all my cattle of every denomination.
also all my Right and Title in my plantation
situate between fferryland and ffreshwater which I
bought of[f] Luke McCarthy now occupied by John Whelan
as Tenant thereof. all which I will shall be hers
immediately after my death I give and bequeath unto
my Brother Hugh Sweetland of Tiverton in the
County of Devon and to my Brother David Sweetland
of Topsham in the said County of Devon the sum
of ffifty pounds to each of them and I direct that
an Inventory and particular Account of all my Estate
and Effects and a Duplicate thereof shall be taken by
my Executors In Trust and signed by each of them
as soon as conveniently may be after my Death
and one part left with each of my Executors and
after all my Debts Legatees and ffuneral expenses
are paid and discharged I give devise and bequeath
unto my aforesaid Brothers Hugh Sweetland and David
Sweetland
Upon Trust all the rest residue and remainder
of any Goods, Chattels Stock in Trade Money in the
Public ffunds share in my partenership trade plantation
Stores Ships Merchandize Debts and all other my
personal and Testamentary Estate and Effects of what
nature or kind soever (except what I have her
otherways given and deposed of Upon trust for the
use and benefit of my aforesaid dearly beloved Wife and
all my children that are already or may be hereafter
lawfully Begotten of her Body equally to be divided
between them share and share alike and if any or
either of them my Residuary Legatees should happen
to Die in my lifetime or before the time herein after
mentioned for the respective payment of the Legatees
his her or their share so Dying shall be equally divided
among the Survivors of them and I will that it
shall be at the option of my aforesaid Wife at the
end of twelve Calendar Months next after my death
or any time after that period by giving twelve
Months notice to my partner or his Assigns either
to continue or relinquish being further continued in
my partnership Trade and if she should think proper
to continue the partnership Trade it shall be for
use benefit and risqué of all my surviving Residuary
Legatees until my Eldest son (if I should have any)
shall attain the age of Twenty one years at which
time I will that he shall enjoy all my share in
the partnership Trade if he should think proper to
continue it and by paying off the rest of my
Residuary Legatees each respective Shares of
the Effects and I will that all my children shall
receive each their respective shares at the Age of
Twenty one years or Days of Marriage whichever
shall first happen next after my death and that
my primary Legatees be paid at the end of twelve
Calendar Months next after my death. I also
nominate and appoint my aforesaid brothers Hugh
Sweetland
and David Sweetland Executors In Trust of
this my last Will and Testament only for the
purpose of seeing the same performed and I do hereby
declare that nothing herein contained shall extend
to release or discharge either of my Executors In Trust
from any Debts they may respectively owe me at
my death. In Witness whereof I have hereunto set my
hand and Seal in fferyland this twenty fourth Day
of December one thousand seven hundred & eighty six.
Henry Sweetland - (LS)4 Signed sealed published and declared
by the said Testator Henry Sweetland as and for his last
Will and Testament in the presence of us who in his
presence and in the presence of each other and at
the request of said Testator have subscribed our
Names as Witnesses hereto, W. ffawther? - John Corey/Morey??
This Will proved at London this twenty
ninth day of February in the year of our Lord one
Thousand seven hundred and ninety two before the
Right Honourable Sir William Wynne Knight Doctor of Laws
Master Keeper or Commissary of the Prerogative Court of
Canterbury lawfully constituted by the oaths of Hugh
Sweetland
and David Sweetland the brothers of the deceased
his executors named in the said Will to whom administration
was granted of all and singular the goods chattels and
credits of the said deceased having been first sworn by
Commission duly to administer.

Exd.


NOTES:

1/ The spelling, use of capitals, symbols, and punctuation mimics the original document as closely as possible. Transcriber's notes are in brackets, e.g. - [xx]. Line length is the same as in the original document. Any undecipherable words or letters 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/ Enclosure or inclosure (the latter is used in legal documents and place names) is the term used in England and Wales for the process by which arable farming in open field systems was ended.

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

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

 

 

 

Page Contributed by Enid O'Brien, Chris Morry, and Kevin Reddigan

Page Revised by Ivy F. Benoit (Sunday February 03, 2013)

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