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A Collection of Newfoundland Wills
(R)
Joseph Russell

 

Part 1 - Contributed by Geoff Martin

Will of Joseph Russell
from Newfoundland will books volume 3 page 477 probate year 1876

 

Page One

NEWFOUNDLAND ,
In the Supreme Court,
St. John's , To Wit:

AFFIDAVIT.

 

You shall swear that you believe this to be the true last Will and Testament of

Joseph Russell late of St. John's aforesaid
Farmer deceased

You shall swear that you will pay all the Debts and Legacies of the deceased, so far as the Goods shall extend and the Law shall bind you; and that you will exhibit a true, full, and perfect inventory of all and every the Goods, Rights and Credits of the deceased, together with a just and true account into the Registry of the Supreme Court of Newfoundland, when you shall be lawfully called thereto: And you shall further swear that the whole of the Goods, Rights, Chattels, Assets, Credits and Effects of the said Joseph Russell deceased, and of which he died possessed, do not according to the best of your knowledge, judgment and belief, amount to the value of Two Hundred Dollars.

So help you GOD.

 

 
 Sworn before me, at St. John’s
his
 
 this Seventh day of William X Martin 
 July A.D. 1876
mark
 
(having been first read over & explained)  

 

     GR Lilly
Commissioner of Affidavits
     Supreme Court

Page Two

1876

Estate of Joseph Russell
late of St. John 's Farmer
deceased

Dated
     July 8, 1876

 

Page Three (all handwritten)

 

This is the last will and testament of Mr. Joseph
Russell
of St. John's in the island of Newfoundland
Yeoman. I Give and bequeath to my wife Elizabeth
Russell
all the property belonging?? me including my
dwelling house lands goods and Quidi Vidi Premise
(X X X X X ) herein whatsoever (the paper was folded and 5? words unreadable)
and wheresoever Situate for her Sole Separate use and
benefit during her natural life And after the decease?
of my said wife I will devise and bequeath to
my (to my is scratched out) to my daughter Hannah Russell the farm I
now live upon comprising dwelling house furniture
and effects thereon and therein and the land be-
longing to the said farm for her Sole use and
benefit and to her heirs executors administrators
and assigns forever And I further will and be-
queath after my said wife's decease to John Russell
Joseph Russell Jane Russell
and Harriet Russell
Share and Share alike the fishing Premises belong-
ing to me Situate at Quidi Vidi aforesaid And
lastly I appoint William Martin of the White Hills
near St. John's aforesaid farmer and John Nurse
of Twillingate in the Northern district of New-
foundland aforesaid dealer executors to this
my will. In witness whereof I have set my
hand and seal at St. John's aforesaid this twenty first
day of October Anno Domini 1867.
Signed sealed published and declared by the said testator
in presence of us who in his presence and in presence of
each other have hereunto set and subscribed our names??

 
 as witnesses hereunto
his
  the same having first been)Joseph X Russell  
 read over and explained to the)
mark
 
  said Joseph Russell)   
  FWestonCarter LS )   
  JHBoone LS )   

 

 

Page Four (all handwritten)

 

In the matter of the             )
Will of Joseph Russell     )        Supreme Court
late of St. John's – Farmer )           Newfoundland
deceased -   )
Twillingate  )                  John M. Nurse of Back Harbour in the
To wit         )             district of Twillingate – Green Bay – in the
Northern District of Newfoundland – Planter – one of the
Executors named in the Will of Joseph Russell late of
St. John's – Farmer – deceased – personally appeared before me
and then and there renounced and disclaimed all right and
intention of acting as Executor under said Will and then
there declared that he had never intermeddled with the Estate
said Testator.

 

 
 Acknowledged before me by 
  the said John M. Nurse  
 this fifteenth day of September 
 A. D. one thousand eight hundredJohn M. Nurse LS
 and seventy five – at 
 Twillingate aforesaid. 
  Lewis ?? Emerson  
 ?? Supreme Court 

 

Page Five (all handwritten)

 

Sup. Court

In the middle ??? of
the Est. of Joseph
Russell
– deceased

 

Renunciation of
John M. Nurse
Executor under
said will

 

Page Six (all handwritten)

 

Supreme Court          
Newfoundland          

To. The Honorable Sir Hugh
W. Hoyles Knight Chief Justice
or to one of The Honorable the
Assistant Judges of the Supreme
Court of Newfoundland

 

       The Petition of William           
Martin
of St. John's Farmer,          

Humbly Sheweth          

That Joseph Russell late of St. John's           
Farmer died in the month of August           
One thousand eight hundred and seventy           
three leaving him surviving Two Sons and           
(3) three (the word three is scratched out) Daughters.          

That at the time of his death he           
was possessed of property of the           
probable value of One hundred and           
Sixty Dollars.          

That no Probate or Administration           
has as yet been taken out to his           
Estate.          

That said deceased left a Will           
which has been proved in due form           
by the affidavit of John H. Boone one           
of the subscribing witnesses thereto           
          which          

 

Page Seven (all handwritten)

 

which said will is hereunto annexed           
marked A          

That under said will your Petitioner           
and John M. Nurse of Back Harbour           
Twillingate in Green Bay were appointed           
Executors.          

That the said John M. Nurse has duly           
renounced as will appear by the           
paper writing hereto annexed marked B.          

Your Petitioner therefore           
prays that Probate of the said Will           
of Joseph Russel may be granted           
to him.          

And as in duty bound           
Your Petitioner will ever pray.           
St. John's           
February 17th 1876          

his
William X Martin       
marke

 

Page Eight (all handwritten)

 

Supreme Court          
Newfoundland          

St. John's )
to Wit )
William Martin of St. John's
Farmer the Petitioner within named
maketh oath and saith that the
Contents of the within written Petition
are correct and true.

 

 
 Sworn before me)
his
 
 at St. John’s aforesaid ) William X Martin  
 this seventeenth day of February)
mark
 
 Anno Domini 1876)  
 (having been first read over)   

 

       GR Lilly
Comm.r Affts.

 

Page Nine (all handwritten)

Supreme Court
Newfoundland

In the matter of the
will of Joseph Russel
late of St. John's
Farmer. __________

Petition of Executor

 

Page ten

St. John's           Supreme Court of Newfoundland

To Wit

John H. Boone           
of St. John's aforesaid Barrister at Law­           
maketh oath and saith that on the twenty first            day of October
A. D. one thousand eight hundred and sixty seven            at St.
John's aforesaid      he, this Deponent, was present and did see
Joseph Russell           late of St. John 's aforesaid
          the Testator named in the paper writing hereunto annexed
duly sign (by making his mark) publish and declare the said annexed paper writing as and for his last will and Testament, in the presence of this deponent
and of Frederick Weston Carter           
the other subscribing witness thereto. That Deponent and said Frederick
Weston Carter      
then and there signed their names to such
will as such witnesses in the presence of the said Testator and of each other- That previously to the said will being so signed, as aforesaid, by the Testator and the said witnesses, it was read over and approved of by the said Testator in the presence
of Deponent and the said Frederick Weston Carter          
          
and at the time of the said Execution of the said will the said Testator was of sound and disposing mind, memory and understanding, to the best of Deponent's knowledge and belief.

 

 
 Sworn before me at 
 St. John’s,J. H. Boone LS
 In the Island aforesaid, this 
 25th. day of February 
 A. D. One Thousand Eight hun- 
  dred and seventy-four.  

 

Unknown signature
Comr. of Affts.

Note: JOSEPH RUSSELL who died in August 1873. This information comes from microfilm number 2057081 from the Latter Day Saints Family History Centre. This is a ten page document. I have transcribed each page as it appeared on the microfilm. This should correspond to the will listed at the Newfoundland Grand Banks website for Joseph Russell 1876, under wills, "R". Russell Joseph 3 477 1876 - Geoff Martin


Part 2 - Contributed by Judy Benson as part of the wills project

Will of Joseph Russell
from Newfoundland will books volume 3 page 477 probate year 1876

In re
     Joseph Russell deceased.

This is the last will and testament of Mr. Joseph Russell of St. John’s in the Island of Newfoundland Yeoman. I Give and bequeath to my wife Elizabeth Russell all the property belonging to me including my dwelling house lands goods and Quidi Vidi premises and other property no specified herein whatsoever and wheresoever Situate for her Sole Separate use and
benefit during her natural life And after the decease of my said wife I will devise and bequeath to
my daughter Hannah Russell the farm I now live upon comprising dwelling house furniture
and effects thereon and therein and the land belonging to the said farm for her sole use and
benefit and to her heirs co-executors administrators and assigns forever

And I further will and bequeath after my said wife’s decease to John Russell Joseph Russell Jane Russell and Harriet Russell share and share alike the fishing premises belonging to me situate at Quidi Vidi aforesaid And lastly I appoint William Martin of the White Hills near St. John’s aforesaid farmer and John Nurse of Twillingate in the Northern district of Newfoundland aforesaid Dealer executors to this my will.     In witness whereof I have hereto set my hand and seal at St. John’s aforesaid this twenty first day of October Anno Domini 1867.

Joseph his X mark Russell.     Signed sealed published and declared by the said testator in presence of us who in his presence and in presence of each other have hereunto set and subscribed our names as witnesses hereunto the same having first been read over and explained to the said Joseph Russell, F. Weston Carter,     J. H. Boone.

Certified Correct
D.M. Browning
Registrar

 

 

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. 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.

Part 1 - Contributed & transcribed by Geoff Martin

Part 2 - Contributed by Judy Benson

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

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