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A Collection of Newfoundland Wills
(W)
John Wilshear

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 Wilshear
from Newfoundland will books volume 1 pages 517 & 518 probate year 1847.

In re John Wilshear      deceased.

In the name of God Amen, I John Wilshear of Carbonear being very sick in body and of perfect mind and memory of my body and knowing that it is appointed for all men once to die to make and ordain this my last will and testament that is to say, principally and first of all I give and recommend my soul unto the hand of Almighty God that gave it, and my body I commend to the earth to be buried in decent Christian burial at the discretion of my executors nothing doubting but at the general resurrection I shall receive the same by the mighty power of God, and as touching such worldly estate wherewith it hath pleased God to bless me in this life, I give devise and dispose of the same in the following manner and form,
First   I give and bequeath to my dearly beloved wife Elizabeth the house which I now occupy with all its furniture and priviledges also all the land adjoining thereto which I now occupy for the term of her natural life to be by her enjoyed with the same freedom as I now enjoy it, I also bequeath and demise(?) to her the sum of fifty pounds annually payable on the first day of January of each succeeding year during the term of her natural life, the same to be raised out of my other property and monies to be hereinafter named, and no person is to be introduced into the house without her free will and consent. Also I give to my well beloved son Moses Wilshear whom I likewise constitute make and ordain the sole executor of this my last will and testament all my other lands and tenements now occupied by Robert Pack, Stephen Bryan and Michael Costigan, also a fishing room at Spear Harbor, Labrador, together with all monies in my possession, monies in the hands of Pack, Gosse & Fryer and in Funds with all and singular my other debts and effects by him freely to be possessed and enjoyed, the said Moses Wilshear to pay all debts which may be due of me, also to pay John Howell on his attaining the age of twenty one years the sum of fifty pounds currency to be raised out of my monies and effects before mentioned. Should the said Moses Wilshear survive and outlive my said wife Elizabeth, at her demise the house and land with all other effects left for her use and benefit are to become his he the said Moses Wilshear is to support William Howell my said wife's brother during his entire life time after the death of my wife should the said William Howell survive her.
Item,    the John (?) Howell mentioned above is John Stretton Howell son of Margaret and I do utterly disallow revoke and disannul all and every other former and testaments, wills, legacies, bequests and executors, by me in any wise before named willed and bequeathed, ratifying and confirming this to be my last will and testament,
In witness whereof I have hereunto set my hand and seal this twelfth day of July in the year of our Lord one thousand eight hundred and forty six. John Wilshear (LS)
Signed sealed published and pronounced & declared by the said John Wilshear as his last will and testament in the presence of us who in his presence and in the presence of each other have hereto subscribed our names, John Bemister,   Benjamin T.H. Gould.

Certified correct
D.M. Browning
Registrar


Will of John Wilshear
from Newfoundland will book labeled, "REGISTRY OF WILLS 1846," pages 75 to 79 probate year 1847.

In the name of God Amen, I John Wilshear of Carbonear being very sick in body and of perfect mind and memory of my body and knowing that it is appointed for all men once to die do make and ordain this my last will and testament: That is to say, principally and first of all I give and recommend my soul into the hand of Almighty God that gave it, and my Body I commend to the earth to be buried in decent Christian burial at the discretion of my Executors nothing doubting but at the general resurrection I shall receive the same by the Mighty Power of God. And as touching such worldly Estates wherewith it hath pleased God to bless me, in this life I give devise and dispose of the same in the following manner and form - First I give and bequeath to my dearly beloved wife Elizabeth, the house which I now occupy with all its furniture and priviledges also all the land adjoining thereto which I now occupy for the term of her natural life to be by her enjoyed with the same freedom as I now enjoy it. I also bequeath and dimise(?) to her the sum of Fifty pounds annually payable on the first day of January of each succeeding year during the term of her natural life - the same to be raised out of my other property and monies hereinafter to be named - and no person is to be introduced into the said house without her free will and consent.
Also I give to my well beloved son Moses Wilshear whom I likewise constitute make and ordain the sole executor of this my last will and testament all my other lands and tenements now occupied by Robert Pack, Stephen Bryan and Michael Costigan. Also a fishing room at Spear Harbor Labrador,together with all monies in my possession, monies in the hands of Pack, Gosse & Fryer and in funds with all and singular my other debts and effects by him freely to be possessed and enjoyed, the said Moses Wilshear to pay all debts which may be due of me, also to pay to John Howell on his attaining the age of twenty one years the sum of fifty pounds currency, to be raised out of my monies and effects before mentioned. Should the said Moses Wilshear survive and outlive my said wife Elizabeth, at her demise the house and land with all other effects left for her use and benefit are to become his - He the said Moses Wilshear is to support William Howell my said wife's brother during his life time after, the death of my wife should the said William Howell survive her.
Item,    the John (?) Howell mentioned above is John Stretton Howell son of Margaret - And I do utterly disallow, revoke and disannul all and every other former and Testaments wills legacies, bequests and executors by me in any wise before named, willed, and bequeathed, ratifying and confirming this to be my last will and Testament,
In witness whereof I have hereunto set my hand and seal this twelfth day of July in the year of our Lord one thousand eight hundred and forty six. John Wilshear (L.S.)
Signed, sealed published, pronounced and declared by the said John Wilshear as his last will and Testament in the presence of us; who in his presence, and in the presence of each other, have hereto subscribed our names, John Bemister.   Benjamin T.H. Gould.

In the Supreme Court Newfoundland
This deponent Benjamin T.H. Gould of Carbonear merchant, maketh oath and saith that he this deponent was present and actually saw John Wilshear the Testator sign seal and deliver the annexed paper writing as and for his last will and Testament on the day of the date thereof at which time this deponent together with John Bemister subscribed their names thereto as Witnesses attesting the due execution thereof. Benjamin T.H. Gould -
Sworn to at Carbonear this thirtieth day of July A.D. 1847. before John Stark Commissioner Supreme Court Probate 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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