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A Collection of Newfoundland Wills
James Stapleton


Will of James Stapleton
from Newfoundland will books volume 1 pages 146 to 148 probate year 1832

In re
     James Stapleton       deceased.

In the name of God Amen. I James Stapleton of Harbour Grace in the Island of Newfoundland Planter being now weak in body but of sound mind and memory (blessed be God for it) do this the nineteenth day of April in the year of our Lord God one thousand eight hundred and thirty one make and publish this my last will and testament in manner and form following that is to say Imprimis I give and resign my immortal soul into the hands of my creator, and my body to be decently buried and after my just debts are fully paid
Item I give and bequeath unto the children of my late son Bartholomew Stapleton (their heirs and assigns) being four in number the two thirds of the Farm or plantation cleared cultivated and occupied by me together with the house erected thereon as well as all other out houses and erections on said plantation or farm and the remaining one third of said farm and house I give and bequeath unto the children of my late son James Stapleton their heirs and assigns being two in number and it is my particular wish desire and order, and it is hereby particularly understood and stipulated, that they the said children being six in all shall manure till and cultivate the said plantation and farm of their mutual use and benefit without quarreling or dispute.
Item. I bequeath that the mothers of said six children Elizabeth wife of my late son Barthw Stapleton and Anne wife of my late son James Stapleton that they shall and may remain on enjoy and occupy the said plantation and house as long as they remain unmarried and no longer.
Item. That in case and should it so happen that any of the said children should be bound apprentices to any particular trade or be employed in any particular business or calling as may be most conducive to their interest, that then and in that case they or any one of them are and may be at full liberty to rent out for a term not exceeding five years their proportion of the said house or plantation as may be settled on by appraisement or valuation of any two honest and well meaning inhabitants of Harbour Grace who may be considered competent judges of the value thereof.
Item. That any sum or sums of money which may be due or owing to me out of the insolvent estate of Hugh Wm. Danson of Bristol or any dividend arising therefrom shall be appropriated to the use of and support of the said Elizabeth and Anne Stapleton and their children.
Item I give and bequeath my bed and bedding to Margaret daughter of my late son Barthw Stapleton.
Item I give and bequeath unto Michl son of my late son James Stapleton my silver watch and a fowling piece
Item I give and bequeath the whole of the furniture which originally belonged to or remained in the house unto Elizabeth wife of my late son Barthw Stapleton but however it is not to be understood that the furniture bed or bedding or any other articles which belong to Anne wife of my late son James Stapleton is not included in this bequest but shall remain for her own use and benefit.
Item I give and bequeath unto Elizabeth Stapleton wife of my late son Barthw Stapleton and to Anne Stapleton wife of my late son James Stapleton whatever quantity of rum and molasses which may be remaining on hand in my possession which shall be peaceably disposed of to the best advantage for the support of themselves and their children.
Item And as for the horse which I now own or have I hereby empower the executors to this will to dispose of the same to the best advantage. And I hereby appoint Mr. William Innott Merchant Harbour Grace and Mr. Roger Hanrahan Planter of Mosquito to be my executors to this will hereby revoking and annulling any other will or wills by me heretofore made and that this remain as my last will and testament. James his X mark Stapleton (LS)
Signed and sealed in the presence of us as witnesses thereto wherein the words divided in equal proportions among the said six children were marked out and the words "appropriated to the use of and support of the said Elizabeth and Anne Stapleton and their children inserted. Thos. Martin.    John Coady

Certified Correct,
D. M. Browning



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 F. Benoit (March 2, 2003)

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