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A Collection of Newfoundland Wills
Thomas Warden


The Will of Thomas Warden of Cranborne, Dorset - 1763

From the Prerogative Court of Canterbury


I THOMAS WARDEN heretofore of CRANBORNE in the County of DORSET but now of RINGWOOD in the County of SOUTHAMPTON Newfoundland Planter being in perfect health and of sound and disposing mind memory and understanding do make this my last Will and Testament in manner and form following. Ffirst I desire all my just debts and funeral expences be paid and discharged my Executors herein after named as soon as conveniently they can after my decease. Item I give devise and bequeath unto WILLIAM KITTIER and MOSES KITTIER the YOUNGER both of RINGWOOD aforesaid MERCERS their heirs executors or administrators and to the survivor of them and to the heirs executors or administrators of such survivor all my messuages landes tenements and other the premises which I am now or shall be possessed of or interested in either in possession or reversion situate lying and being either in Great Britain or Newfoundland in America or elsewhere and also all my ready moneys mortgages bonds securities for money book debts goods chattels and personal estate whatsoever in Trust nevertheless that they the said WILLIAM KITTIER and MOSES KITTIER and their Heirs Executors or Administrators or the survivor of them or the heirs of such survivors do and shall as soon as conveniently may be sell and dispose of all my said lands and tenements for the most money that can or may begotten for the same and do and shall as soon as conveniently they can call and get in all my said moneys out on securitys as aforesaid and all such money as shall be any ways due and owing unto me than I do hereby order and direct that the moneys arising by such sale as aforesaid and all other the moneys that shall be due and owing unto me as aforesaid shall be paid by my said Trustees in manner following that is to say One moiety of the said moneys to be placed out at interest my said Trustees on the best security that can or may be gotten for the same and the Interest arising therefrom to be paid yearly and every year as the same shall become due unto my BROTHER ROGER WARDEN of CRANBORNE aforesaid CORDWAINER for and during his natural life and from and after his decease I hereby give the Moiety aforesaid to the two daughters of the said ROGER WARDEN to be equally divided between them share and share alike but if either of them should happen to dye in the lifetime of my said brother then the share of her so dying to go to the survivor and I do hereby order that the other Moiety of the said Moneys arising by sale aforesaid and other like moneys arising from the securitys and debts as aforesaid be paid to and amongst SUSANNA WARDEN natural DAUGHTER of my SISTER SUSANNA WARDEN late of the city of NEW SARUM, deceased, MARY OSBOLDISTON, GEORGE OSBOLDISTON, THOMAS OSBOLDISTON and SARAH OSBOLDISTON, children of my SISTER MARY OSBOLDISTON heretofore of SAINT GILES's in the County of DORSETT to be equally divided between them share and share alike but if any or either of the said ffive last mentioned legatees shall happen to dye in my life time or before such legacys can be paid to them then and in such case the share or shares of him or her so dying to go and be divided equally amongst the survivor or survivors of them share and share alike. And lastly I do hereby nominate constitute and appoint the said WILLIAM KITTIER and MOSES KITTIER JUNIOR Executors of this my last Will and Testament in Trust for the purposes aforesaid and I do declare this to be my last Will and Testament revoking all former Will or Wills by me heretofore made. In Witness whereof I the said THOMAS WARDEN have here unto set my hand and seal this twenty eighth day of Ffebruary in the year of our Lord One thousand seven hundred and sixty three. THOS WARDEN, signed sealed published and declared by the said THOMAS WARDEN as and for his last Will and Testament in the presence of us who in his presence and at his request have subscribed our names as witnesses hereto.


This Will was proved at London before the Right Worshipful George H?ay Doctor of Laws Master Keeper or Commissary of the Prerog. Court of Canterbury Lawfully constituted on the thirteenth day of December in the year of our Lord one thousand seven hundred and sixty ffour by the oaths of WILLIAM KITTIER and MOSES KITTIER the younger the Executors named in the said Will to whom admon was granted of all and singular the gods chattels and credits of the said Deceased they having been first sworn by commission duly to Administer.



Transcribed by Susan Snelgrove, Uxbridge , ON September 23, 2005

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

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