Will of George Whitten
from Newfoundland will books volume 6 pages 184-186 probate year 1894

Last Will and Testament of
George Whitten of St. John's
Fisherman deceased.

      This is the last will and Testament of me George Whitten of St. John's in the Island of Newfoundland Fisherman.
First I will and direct that my executor hereinafter named shall first pay out of my general estate all my just debts and funeral and Testamentary expenses.
Second I give devise and bequeath to my Grandchildren George Whitten, John Whitten, Albert Whitten, and to my great nephew Frederick Bursell of St. John's undertaker all and singular my waterside premises situate on the south side of the Harbor of St. John's and to the Northward of the Main Street running around the said south side to have and to hold the same in equal proportions as tenants in common for ever : the same being bounded as follows: on the east by land of the late Henry Whitten, on the west by land of William Whitten, on the south by my house on the road hereinafter specifically bequeathed by me, and on the north by the waters of the Harbor of St. John's.
Third I give devise and bequeath to George Whitten Senior my nephew the dwelling house (before referred to) with the land appurtenant thereto or therewith held used and enjoyed to hold to him and his assigns for ever. The said dwelling house and land so bequeathed by me are situate on the north side of the Main Street aforesaid.
Fourth. I give devise and bequeath to my daughter in law Clara Whitten and to my Grandchildren George Whitten, John Whitten, Albert Whitten, Barbara Whitten Beatrice Whitten and Lillian Whitten the dwelling house and land appurtenant thereto or therewith held used or enjoyed situate on the south side of the Main Street aforesaid bounded on the east by land of the late William Whitten on the west by land of the late William Whitten and on the north by the Main Street aforesaid to hold the same to the said Clara Whitten, George Whitten, John Whitten, Albert Whitten, Barbara Whitten, Beatrice Whitten and Lillian Whitten in equal proportions share and share alike as Tenants in common for ever. It being my will and I do direct that in the case of Clara Whitten she shall have a life interest only in and to said dwelling house and premises and that upon her decease her share herein shall go to my said Grand children or their heirs in equal proportions. And I do further will and direct that a right of way of six feet in width shall be taken off the eastern end of said dwelling house and thence along the western side of said dwelling house a right of way also six feet in width for the convenience of these owning the ground in rear.
Fifth I give devise and bequeath to my great nephew Samuel Whitten all that piece or parcel of land together with the dwelling house and all other erections hereon situate immediately to the rear of the dwelling house and land described in the Fourth paragraph of this my will to hold to him and his heirs for ever. It being expressly understood and I do hereby direct that he shall have at all times the free use and enjoyment of the right of way in the fourth paragraph referred to.
Sixth I give devise and bequeath to my aforesaid daughter in law Clara Whitten and to my said Grandchildren George, John, Albert Barbara, Beatrice and Lillian the house now occupied by them and me situate to the rear of land of the late Wm Whitten, bounded on the east by land herein bequeathed by me to said Samuel Whitten and on the south by land of said William Whitten deceased to hold to them and their heirs in equal proportions share and share alike as tenants in common for ever. In the case of said Clara Whitten it is my will and I do direct that she shall have a life interest only in said dwelling house and premises and that after her decease her said share shall go to my said Grand children George, John, Albert, Barbara, Beatrice and Lillian in equal proportions as Tenants in common or to the survivor of them and the heirs of any who may be then deceased.
Seventh I give devise and bequeath to my daughter Diana Soper twenty by thirty feet of that piece or parcel of land situate to the rear of the land herein bequeathed to Samuel Whitten to hold to her and her heirs absolutely for ever, reserving four feet to said Samuel Whitten from the rear of his house.
Eight I will and direct that whatever land belonging to me on the south side and remaining undisposed of shall be the property equally share and share alike of my said daughter in law Clara and my grandchildren George, John, Albert, Barbara, Beatrice, and Lillian as tenants in common. In the case of my said daughter in law Clara she shall have a life interest only in said land and after her decease the same shall pass to my said Grandchildren or their heirs in equal proportions as tenants in common.
Ninth. Any moneys that may be remaining in the hands of my executor after the payment of my debts and funeral and testamentary expenses shall be divided equally between my said daughter Diana and my daughter in law Clara.
Tenth. I hereby appoint my said Grand Nephew Frederick Bursell to be the sole executor of this my will. (Sgd) George his x mark Whitten. Signed published and declared by the said Testator this 8^th day of August A.D. 1892 as and for his last will and Testament in the presence of us who in his presence and the presence of each other both present at the same time and at his request have hereunto set our hands as witnesses, the said will having been first read over and explained before being signed by the said Testator. (Sgd) J. J. Pitman, solicitor (sgd) A. W. Simms accountant

      I certify the foregoing to be a correct copy of the last will and Testament of George Whitten deceased

Registrar

(Listed in the margin next to this will the following)
Fiat
J. S. Winter
J.
Probate
granted to
Frederick Bursell
of St. John's
the executor
Dated
Ap 18 : 1894
Estate
sworn under
$850.00