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A Collection of Newfoundland Wills
As always, confirm these, as you would any other source material.
Will of Charles Warr
from Newfoundland will books volume 3 pages 152 to 154 probate year 1870
Charles Warr deceased.
In the name of God Amen. I Charles Warr being of sound mind but sick commend my soul to God through Jesus Christ & make this my last will and testament.
First, I give and bequeath to my wife Elizabeth Warr the house in which I live the room stage and outhouses attached thereto & all lands and outhouses belonging to me in this settlement of Little Harbor for her possession and use during the term of her natural life or as long as she remains unmarried. After the death of my wife aforesaid or in case she should marry again I give and bequeath the aforesaid property the house room stage lands outhouses &c. to my two sons James Warr and Mark Warr for their joint possession and use
Secondly I give and bequeath to my two sons Solomon Warr and Frank Warr the house room stage & lands which I possess & own in the Main Tickle for their joint use and possession
Thirdly I give and bequeath to my oldest son William Warr a sail net and a salmon net now in my possession and also the sum of twelve pounds currency the interest which will be due to me from the hundred pounds currency in the hands of Edwin Duder Esquire if I should die before that time
Fourthly I give and bequeath to my four sons James Warr Solomon Warr Frank Warr and Mark Warr the joint possession and use of the vessel owned by me and called the "Rosanna".
Fifthly I give and bequeath to my wife Elizabeth Warr all the moveable property in the house in which I live for her use as long as she remains unmarried; also my cod seine & nets which cod seine & nets are to be worked only by my four sons aforesaid viz. James Warr Solomon Warr Frank Warr and Mark Warr subject to such conditions as may be reasonably made by my wife aforesaid.
Sixthly I give and bequeath to my son James Warr the cow which I bought last fall twelve months to my son Solomon Warr the old cow and to my son Frank Warr the heifer and the calf which the old cow may have. Until the cow shall have a calf the milk of the cow is to be shared between my sons Solomon and Frank.
Seventhly I give and bequeath to my wife Elizabeth Warr the two white cows, the milk of which cows is to be shared in common with my son Mark Warr as long as he lives in the house with his mother.
Eighthly I give and bequeath to my aforesaid wife Elizabeth Warr the boats in my possession which boats however are to be used by my four sons aforesaid viz James Solomon Frank & Mark upon such reasonable conditions as my wife Elizabeth Warr may make.
Ninthly I give & bequeath to my wife Elizabeth Warr aforesaid the interest of the one hundred pounds currency now in the possession of Edwin Duder Esquire as long as she lives.
Tenthly After the death of my wife aforesaid Elizabeth Warr I give and bequeath ten pounds apiece to my daughters Ellen Marsh Eliza Livey Susan Studelass Emily Warr and Fanny Warr The remaining fifty pounds I give to my son who lives in the house with his mother and takes care of her treating her kindly as becomes a dutiful son
Eleventhly If my son Solomon Warr wishes to live in the house he has built which is close by mine rather than remove to the Main Tickle he is not to be disturbed; and if he continues to live there he is to have for his use the upper piece of land not now cultivated situate in the Cove of Little Harbour. Also if my son Frank Warr wishes to live where he now lives he is not to be disturbed and if he continues to live there he is to have for his use a part of the inside land
Lastly as long as my wife aforesaid Elizabeth Warr lives in my house & enjoys the use of the property now belonging to me, she is to maintain decently my two daughters Emily Warr and Fanny Warr as long as they remain unmarried and behave themselves virtuously & dutifully, they in return for such maintenance doing all such work as women are accustomed to do in this country
I appoint my nephews George Warr and Simon Warr residents of Back Harbour Twillingate joint executors for carrying my intentions as expressed in this my last will and testament.
Charles his X mark Warr (LS)
In witness whereof I here put my mark and seal in the presence of Abraham Pearce Clerk of the Peace and Thomas Boone Clerk this first day of June in the year of our Lord one thousand eight hundred and sixty-nine. Abrm A. Pearce, Thomas Boone.
We Abraham Pearce Clerk of the Peace and Thomas Boone Clerk, hereby certify that the aforesaid Charles Warr put his mark and seal to this his will and testament in our presence & in the presence of each other after having been read over & explained to him in our presence this first day of June in the year of our Lord one thousand eight hundred and sixty nine.
Codicil. I revoke so much of the tenth clause of the aforesaid will and testament relating to my gift of the remaining fifty pounds, instead whereof after the death of my aforesaid wife Elizabeth Warr I give to my sons James Warr, Solomon Warr and Frank Warr ten pounds apiece and the remaining twenty pounds I give to my son Mark Warr if he continues to live in the house with his mother treating her kindly as becomes a son. If he does not wish to live with his mother whoever of the three sons aforesaid takes his place is to have the twenty pounds my son Mark then receiving the ten pounds bequeath to one of the three sons aforesaid.
Chas Warr his X mark (LS) In witness whereof I here put my mark and seal in the presence of Thomas Boone Clerk and John B. Blandford this eighth day of June in the year of our Lord 1869. We Thomas Boone and John B. Blandford hereby certify that the aforesaid Charles Warr put his mark and seal to this codicil in our presence & in the presence of each other after it had been read over to him in our presence this eighth day of June in the year of our Lord one thousand eight hundred and sixty nine Thomas Boone, John B. Blandford.
D. M. Browning
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.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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