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Part 1 - Contributed by Geoff Martin
Will of Joseph Russell
You shall swear that you believe this to be the true last Will and Testament of
Joseph Russell late of St. John's aforesaid
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|
|this Seventh day of||William X Martin|
|July A.D. 1876|
|(having been first read over & explained)|
Estate of Joseph Russell
Page Three (all handwritten)
This is the last will and testament of Mr. Joseph
|as witnesses hereunto||
|the same having first been||)||Joseph X Russell|
|read over and explained to the||)|
|said Joseph Russell||)|
Page Four (all handwritten)
In the matter of the )
|Acknowledged before me by|
|the said John M. Nurse|
|this fifteenth day of September|
|A. D. one thousand eight hundred||John M. Nurse LS|
|and seventy five – at|
|Lewis ?? Emerson|
|?? Supreme Court|
Page Five (all handwritten)
In the middle ??? of
Page Six (all handwritten)
To. The Honorable Sir Hugh
The Petition of William
That Joseph Russell late of St. John's
That at the time of his death he
That no Probate or Administration
That said deceased left a Will
Page Seven (all handwritten)
which said will is hereunto annexed
That under said will your Petitioner
That the said John M. Nurse has duly
Your Petitioner therefore
And as in duty bound
Page Eight (all handwritten)
St. John's )
|Sworn before me||)|
|at St. John’s aforesaid||)||William X Martin|
|this seventeenth day of February||)|
|Anno Domini 1876||)|
|(having been first read over)|
Page Nine (all handwritten)
In the matter of the
Petition of Executor
St. John's Supreme Court of Newfoundland
John H. Boone
|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.|
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
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
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.
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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