Will of Moses Roberts
from Newfoundland will books volume 1 pages 434 to 437 probate year 1844
Moses Roberts deceased.
This is the last will and testament of Moses Roberts of Brigus in the Northern District of the Island of Newfoundland Planter, To my wife Ann Roberts I give bequeath and devise for and during the term of her natural life provided she remains unmarried or in case of her marrying then until the youngest of my surviving children are of the full age of twenty one years and no longer, the following property, namely, All that dwelling house in which we now reside situated on the north side of the harbor of Brigus on the road to Cupids together with all the household furniture therein and the outhouses cellar garden ground and appurtenance as of every nature and kind thereto belonging or appertaining, Also my portion of that undivided garden back of my brother Stephen Roberts's house, one half of the Rock garden and my interest (being one half) in that waste piece of ground bounded on the east and west by Charles Landers on the south by John Quinlan and on the north by the Road also one third of the store by the waterside situate between John Norman's and George and Joshua Roberts's premises, also my interest in an undivided piece of land near the long wooden bridge in Brigus aforesaid and the Seat belonging to me in the Wesleyan Chapel.
It is my last will and request that within six months from the time of my decease my half of the schooner "Ann" with her materials be sold to the best advantage and that the proceeds thereof together with what money may be then due me by Messrs. McBride and Kerr of Saint John's or other persons and the money remaining in the house or elsewhere belonging to me after paying expenses of my funeral and my lawful debts shall be deposited either in the Savings Bank or in some other safe place at interest at the discretion of my executors but not without Colonial, Government or freehold landed security. And it is my will and request that for the support of my family after my decease there be annually drawn by my executors out of the interest and principal of said deposit such a sum as shall with what rents may be received amount to the annual sum of Thirty pounds currency and in case of the decease of one of the children then only such a sum as shall with the rents aforesaid make up twenty five pounds currency, and in case of the death of both my children then only such a sum as shall make up twenty pounds currency and in case of the decease or marriage of my said wife then only such a sum as shall make up twenty five pounds currency for the support and education of the children if both survive and Fifteen pounds currency if only one survives.
In case of my wife dying while either of the children are unmarried it is my wish that the children go to reside with my two sisters, namely, Charlotte with my sister Grace Antle, and Elizabeth with my sister Sophia Percey and that they be supported out of the sums allowed to be drawn aforesaid.
It is my will that upon the decease of my said wife or in case of her marriage then as soon after her marriage as my children shall respectively either be married or attain the age of twenty one years whichever shall first happen that the property aforesaid be divided between my two daughters Charlotte Roberts and Elizabeth Percy Roberts as follows, To my eldest daughter Charlotte Roberts I give devise and bequeath on the conditions aforesaid the kitchen I now occupy together with that part of my dwelling house occupied by Ananias Munden (namely kitchen, sitting room, two bed rooms and half the garret) with half of the shop attached thereto being the northern part of my said dwelling house and under the one roof, also one half the cellar and the joint right with her sister Elizabeth to the pump of water at the north part of the building, I also give her the garden occupied by Ananias Munden also the stable with part of the garden below the wall to be equally divided by my executors. I also give bequeath and devise to my said daughter Charlotte on conditions aforesaid one half my interest in that undivided garden back of my brother Stephen's house namely the eastern part also one fourth on the Rock garden and half of my interest in the waste land before described, also one third of the waterside store aforementioned and one half the pew in the Wesleyan Chapel, also one half the household furniture to be valued by my executors or other impartial persons and drawn for by Lot by her and her sister Elizabeth Percey Roberts, the difference in value if any to be paid and received as the case may be.
To my daughter Elizabeth Percey Roberts I give bequeath and devise the following property on the conditions and terms before mentioned namely The kitchen and two bed rooms now occupied by Mrs. Sweetland being the south part of my said dwelling house, also the sitting room at present occupied by myself (over the kitchen of Mrs. Sweetland) and a bed room over said sitting room, two bed rooms front of the said sitting room (one over the other) half the cellar and half the garret, one half of the shop and all the workshop and outhouses attached under one roof formerly occupied as a Blockmaker's shop, also one half the Potato garden occupied by myself to the westward of my dwelling house, half of my part of the garden back of my brother Stephen's house, one fourth the Rock garden, half the waste land before described, the whole of my interest in the piece of land at or near the long wooden bridge of Brigus and one half the pew in the Wesleyan Chapel & half the furniture as aforesaid.
It is my will that at the decease or marriage of my wife the money then remaining at interest be so continued for the support of my children until they shall respectively either marry or become twenty one years of age whichever shall first happen, and then be equally divided between them. It is my will that in case either of my children should die unmarried or married and without issue the property and money I leave to such child is to go to her surviving sister and if both should die unmarried or married and without issue, the property and money herein given bequeathed and devised to Charlotte Roberts shall descend to Thomas John Roberts (my brother Stephen's son) and his heirs, and the part given bequeathed & devised to Elizabeth Percey Roberts shall descend to Henry Percey Roberts (my brother Noah's son) and his heirs, provided always that my wife is to remain in undisturbed possession of all and singular the before recited property during her life time while she remains unmarried.
And I hereby authorize constitute and appoint William Thomas Stentaford of Brigus aforesaid Shopkeeper, and Jonathan Percey of Brigus aforesaid, Planter, to be my executors to carry this my last will and testament into effect.
Signed sealed published and declared by the said Moses Roberts the testator as his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses at Brigus aforesaid on the twenty seventh day of March in the year of our Lord eighteen hundred and forty four.
Moses Roberts, (LS) William Faulkner, Wesleyan Missionary (LS) William Green of Saint John's, Accountant (LS)
By this codicil to my will above signed I hereby give bequeath and devise unto my dear wife Ann Roberts for and during the term of her natural life (unconditionally whether she marries after my decease or remains a widow) the kitchen we now occupy on the north part of the building (before left to my daughter Charlotte which I now revoke during the lifetime of her mother) and also the Attic immediately over the said kitchen with the porch adjoining and the joint right to the pump of water therein with the right and use of all ways paths passages and privileges to and from the said part of my said dwelling house, anything in the will afore recited contained to the contrary notwithstanding. Moses Roberts (LS)
Signed sealed published and declared by the said Moses Roberts the testator as a codicil to his last will and testament in presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses at Brigus aforesaid on the twenty eighth day of March in the year of our Lord eighteen hundred and forty four.
William Faulkner, Wesleyan Missionary (LS)
William Green, of St. John's, Accountant (LS)
D. M. Browning