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Will of Joseph James Pearce
This is the last will and testament of me Joseph J. Pearce of Trout Harbour Twillingate in the Northern District of Newfoundland Sub-Collector H.M. Customs and Post Master of this Port, being of sound and disposing mind memory and understanding.
First, my premises I now reside were bought by my late father from the executors of the late Solomon Beadon and were bequeath by him for my natural or sole use during my lifetime and after my death to my children equally, sons & daughters, as I have now only two daughters and they are well married, it is my wish that my sons would get their sisters husbands to sign over all their right & title to them viz my sons Henry, Albert & Andrew, the same as I and my brothers-in-law did in Carbonear with my wife & their wives property falling to them by the death of their fathers who died and left a will in Carbonear giving up our right & title of property we were entitled by our wives to their brothers-
Second, I give & bequeath to my sons Henry, Albert & Andrew Pearce equal shares of my back Harbour Field and also my Marsh Field commonly called Colbournes Marsh on the way leading to Wild Cove the Grant of the latter being in my father’s desk or box in my office-
Third I give and bequeath to my son Andrew my Harmonium & Music books now in my possession also my father’s old Fiddle made by him and also my mare Polly, carriage, sleigh & harness & belongings, the Colt or Foal to be sold to the best advantage & money to be placed to my credit at Messrs. Watermans. I leave & bequeath to my son Henry my father’s silver watch, my new watch, seal, chain & Locket to my wife during her life time & after her death to my son Andrew, my watch bought from Mr. Fair to be sold & placed to my credit to help pay off my summer expenses My Books, Household, furniture, Beds & Bedding, not to be divided ‘till after the death of my wife and then to be equally divided, all my carpenter & Cooper’s Tools &c. I leave to my son Henry- Wood & Iron Plough to be sold- Its my particular wish that my sons Henry & Andrew shall support their mother and that my grand daughter little Betsey daughter of Henry shall live with my wife during her lifetime- also that if my son Albert continues a drunkard no share of my fields or property except Beadons property shall fall to him that mant by my father’s will (but I hope God in His great mercy will bring him under strong convictions that he may seek for mercy) but be divided between my sons Henry & Andrew What small amount of money in the St. John’s Savings Bank I placed in my name, to remain during my wife’s lifetime & the interest to be paid to her, after her death to be equally divided between all my children excepting Albert should he continue drunkard, if he becomes a sober man then in that case give him his equal part or share also the fields before named -horse carts, garden tools, & other loose gear, to remain on the premises for the use of my sons who remain on the premises, Goats, and Fowels & my dog Prince to remain for general use- my sewing machine I bequeath to Ophelia Pearce my son Andrew’s wife and she will teach little Betsy its use to make her a useful girl I appoint & constitute my son Andrew, and Francis Berteau Esq. Stipendiary Magistrate, executors of this my last will & testament- As witness my hand in Twillingate this 30th day of September 1880. Joseph James Pearce. Signed & acknowledged by the said Joseph J. Pearce the testator as & for his last will & testament in the presence of us in the presence of each other We subscribe ourselves as witnesses, Abm. A. Pearce, Clerk of the Peace, Twillingate. Josiah Colbourne, J.P.
Remember that Samuel Newman takes down his flake this fall on the land I lent him ought to have been done 3 years ago fence it in with pickets in front from my garden & along by the N.E. and of his old flake close up you will see the old land mark. J.J. Pearce. Samuel is also to finish fencing the back garden his part as per agreement. Sept. 30 1880 Noon I forgot to state that I leave & bequeath to my son Henry my Spy Glass in my office Porch & to son Andrew my Spy Glass in the house front Porch, also the mid size (Guinea) glass (21s/-) & Theobald’s small glass to my wife - my favorite- anything else I forgot to mention, my wife will do as she pleases with it- J.J. Pearce. Abm A. Pearce, Clerk of the Peace, Twillingate. Josiah Colbourne, J.P.
Note: The wills in those will books are NOT actual wills. They are either hand-written copies or in later years typed copies of a, "last will and testament," written or typed by the court clerk, after the death of the testator, when the executor presented them to the court for probate. The court clerk didn't list the signatures at the bottom, he (or she) just put them in the book in whatever order they were in, on the original document, no spacing most of the time, no punctuation and also no paragraphs. The originals were kept by the executor.
We who have typed these wills, have made every effort to include all the errors that were on the microfilm, in order to avoid destroying the integrity of the originals, where ever they may be. However, in some of the very long wills, we have tried to insert paragraphs to make it easier for the researcher to read the document.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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