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A Collection of Newfoundland Wills
(S)
John Smith

Disclaimer: The wills for volumes 1 and 2 are not made from the original will books, but rather from a set of books written up from the originals about 100 years later. The 1846 hand written will book that we are putting up along with the wills from the volume 1 will book, is not the original will book. It was made, probably within a decade of the death of the testators, but it is not an exact replication from the original will book.

 

Will of John Smith
from Newfoundland will books volume 1 page 497 probate year 1847

In re John Smith      deceased.

This is the last will and testament of me John Smith of Harbor Grace in the Island of Newfoundland Merchant First I order and direct that all my debts funeral and testamentary expenses shall be paid as soon after my death as conveniently may be I direct that my schooner the "Mary Francis" shall be fitted out and proceed to the Seal Fishery for the present spring and upon the termination of the Seal Fishery I order that she shall be sold by my executors hereinafter named and the proceeds invested with my other personal estate as hereinafter directed I order and direct that my executors hereinafter named shall as soon as they think fit after my death sell and dispose of all my houses lands tenements goods wares and merchandise and property of every description and nature whatsoever and invest the whole proceeds thereof (together with the proceeds of the schooner aforesaid) with all monies that may be due and owing to me at the time of my death in their names in the Savings Bank or other public securities in this colony and I do hereby nominate and appoint my executors hereinafter named to be Trustees and Guardians of my dear imbecile child Mary Frances and hereby order and direct that my said executors as such Trustees and Guardians shall have the sole custody and care of her person and pay out of my estate for her support and maintenance during the period of her natural life the sum of Thirty pounds sterling yearly and every year to such discreet person as my executors shall appoint and depute to take care of her. And from and after the death of my said child Mary Frances I hereby will and bequeath the whole of the residue and remainder of my said estate to Lucretia Davis my niece Charles Denning my nephew and Frances Gregory called (I believe this is an error and should be "Cullen" not "called") also my niece share and share alike And I do hereby nominate constitute and appoint The Reverend John Chapman    John Munn    William Dow (Surgeon) and John Stark Esquire to be executors of this my last will and testament hereby revoking all former wills by me at any time heretofore made.
In witness whereof I have hereunto set my hand and seal at Harbor Grace in the Island of Newfoundland this sixth day of January in the year of our Lord one thousand eight hundred and forty seven, A.D. 1847 John Smith (LS)
Signed sealed and delivered by the said testator in our presence who in her presence and in the presence of each other have hereunto set our names as witnesses on the day and year aforesaid (the word "seven" written upon an erasure) Henry Hooper,    Thos. Godden,   John Stark.

Certified correct
D.M. Browning
Registrar


Will of John Smith from Newfoundland will book labeled, "REGISTRY OF WILLS 1846," pages 21 to 24 probate year 1847.

This is the last Will and Testament of John Smith of Harbour Grace in the island of Newfoundland Merchant, First I order and direct that all my debts funeral and testamentary expenses shall be paid as soon after my death as conveniently may be I direct that my Schooner the "Mary Francis" shall be fitted out and proceed to the seal fishery for the present spring and upon the termination of the seal fishery I order that she shall be sold by my Executors hereinafter named and the products invested with my other personal estate as hereinafter divided. I order and direct that my executors hereinafter named shall as soon as they think fit after my death sell and dispose of all my houses, lands tenements goods wares and merchandise and property of every description and nature whatsoever and invest the whole proceeds thereof (together with the proceeds of the Schooner aforesaid) with all monies that may be due and owing to me at the time of my death in their names in the Savings Bank or other public securities in this colony. And I do hereby nominate constitute and appoint my Executors hereinafter named to be Trustees and Guardians of my dear imbecile child Mary Frances and hereby order and direct that my Executors as such Trustees and Guardians shall have the sole custody and care of her person and pay out of my Estate for her support and maintenance during the period of her natural life the sum of Thirty pounds Sterling yearly and every year to such discreet person as my executors shall appoint and depute to take care of her. And from and after the death of my said child Mary Frances I hereby will and bequeath the whole of the residue and remainder of my said Estate to Lucretia Davis my niece, Charles Denning my nephew and Frances Gregory Cullen also my niece share and share alike. And I do hereby nominate constitute and appoint The Reverend John Chapman, John Munn, William Dow (Surgeon) and John Stark Esquires to be Executors of this my last Will and Testament hereby revoking all former Wills by me at any time heretofore made.
In witness whereof I have hereunto set my hand and seal at Harbour Grace in the Island of Newfoundland this sixth day of January in the year of our Lord one thousand eight hundred and forty seven, A.D. 1847 John Smith L.S.
Signed sealed and delivered by the said Testator in our presence who in his presence, and in the presence of each other have hereunto set our names as Witnesses on the day and year aforesaid (the word "Seven" written upon an erasure Henry Hooper.    Thomas Godden.    John Stark.

In the Supreme Court.
This deponent Henry Hooper of Harbour Grace Merchant maketh oath and saith that he this deponent was present and actually saw John Smith the Testator within named sign seal and deliver the within paper writing as and for his last Will and Testament on the day and date thereof at which time the said Will was read over in his hearing and in the hearing of this deponent together with Thomas Godden and John Stark who severally subscribed our names thereto as Witnesses attesting the due execution thereof. Henry Hooper.
Sworn to at Harbour Grace this 22nd day of January A.D. 1847
John Stark Commissioner Supreme Court ~

In the Supreme Court.
In the matter of the will of John Smith deceased personally appeared before me the Reverend John Chapman Rector of Harbour Grace in the Northern District one of the Executors named in the within Will and renounced and disclaimed all right or authority desire or intention to take upon himself the execution of the said will of the said Testator and absolutely renounced his right to act as Executor. John Chapman. ~
Signed and acknowledged before me at Harbour Grace this twenty second day of January A.D. 1847.
John Stark Commissioner Supreme Court.

 

 

Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written 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.

Page Contributed by Judy Benson and Ivy F. Benoit

Page Revised by Ivy Benoit (August 8, 2002)

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