NLGenWeb Wills

Avalon South Region ~ St. John's District

St. John's - Will of Joseph Henry Costello (1817)
This will was read, recorded and transcribed by MIKE HOWLETT, April 2002. While I have endeavored to be as correct as humanly possible, there could be some typographical errors.

Will of Joseph Henry Costello , 1817

Last Will of Joseph Henry Costello in 1817
SOURCE Volume 7 pages 402 to 405
In the Probate Court Newfoundland, Saint Johns, Newfoundland

In the name of God, Amen. I, Joseph H. Costello of Saint Johns in the Island of Newfoundland Accountant being very sick and weak in body, but in perfect mind and memory thanks be given unto God, calling unto mind the mortality 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 recommend my soul unto the hand of the Almighty God that gave it, and my body recommend to the earth, to be buried in a decent Christian burial at the discretion of my executor, not doubting at the general resurrection.

I shall receive the same again by the mighty power of God and as touching such worldly Estate wherewith it has pleased God to blefs (bless) me in this life. I give demise and dispose of the same in the following manner and form.

A balance to me in the books of Mr. James Melledge of about eighty pounds, Messr. John & Robert Brine are indebted to me about one hundred pounds, for which they have engaged to send for me, Forty barrels ????? flour. I wish that all my wearing apparel of every description to be sold. After the aforesaid monies are collected, I wish my Executor to attend to the following disposal of it, my just and lawful debts to be first paid and discharged, after which the following bequests to be made as soon as convenient. Eighty pounds to be given to my first cousin Mary Costello alias Lambert, the wife of Doctor Lambert of Harbour Grace, Ten pounds sterling to the Reverent Philip Larrisey, Ten pounds sterling for pious purposes for the repose of my immortal soul, Five pounds sterling to the Benevolent Irish Society, and the remainder of my property to be given to the poor of this town.

My portable desk to be given to Mr. Daniel Tracey, the one third of a pew in the Catholic Chapel in Company with Henry Shea, I bequeath to the said Henry Shea & his children. I do hereby constitute and appoint Mr. William Cheevers, Executor to this my last Will & Testament, and utterly disallow, revoke and disannul all and every other former Testament, Will, Legacies, bequests and executors by me in any wise before named, willed and bequeathed, Ratifying and confirming this and no other to be my last Will & Testament.

In Witnefs (witness) whereof I have hereunto set my hand and affixes my seal, this twenty third day of June in the year of our Lord, one thousand eight hundred and seventeen.

Signed, sealed & Delivered Joseph H. Costello SEAL
(where no hemp paper is used )
in the presence of
Henry Shea
Samuel Parsons

The erasure in the Eighty pounds as the balance due me on the books of Mr. James Melledge was made before the signing of this will and testament.

Probate Court Newfoundland
St. Johns to wit

You shall swear that you believe the within Instrument of writing, signed " Joseph H. Costello" to be the last Will & Testament of Joseph Henry Costello of Saint Johns Newfoundland, accomptant deceased, and that you will well and truly administer the same & pay all the debts & legacies of the said deceased, so far as his goods will extend and the Law shall bind you, and that you will make a return of your administration into the registry of this Court when you shall be lawfully called thereto.

Sworn at Saint Johns aforesaid this 23 rd day of August,1817 before me By William Cheevers
Francis Forbes ???
??? ???
St. Johns to wit

In the Probate Court Newfoundland, Saint Johns, Henry Shea of Saint Johns aforesaid merchant, maketh Oath and saith that he was personally present at Saint Johns in the Island aforesaid, and did see Joseph Henry Costello late of Saint Johns in the Island aforesaid accomptant deceased, sign, seal, publish and declare the instrument of writing which is hereunto annexed to be as and for the last Will and Testament of him the said late Joseph Henry Costello, and the signature "Joseph H. Costello" set & subscribed to the said annexed Will is of the own proper hand writing of him the said late Joseph Henry Costello & also that the signatures " Henry Shea" and " Samuel Parsons" set and subscribed to the said Will as witnefses ( witnesses) to the due execution thereof, are the respective hand writing of this deponent and of Samuel Parsons of Saint John’s aforesaid Gentleman, who in the Presence of the said testator, and in the presence of each other did subscribe their names to the said will as witnefses ( witnesses) to the due execution thereof, and lastly this deponent saith that the said late Joseph Henry Costello at the time of his executing the said will appeared to him this despondent to be a sound disposing mind, memory and understanding.

Signed Henry Shea

Sworn at Saint John’s aforesaid this 23 rd day of August, 1817 before me.
Francis Forbes
Chief Justice

In the Probate Court, Saint Johns, Newfoundland
By His Honor Francis Forbes Exec.
Chief Justice of the Island of Newfoundland its dependencies ???????
SEAL of Supreme Court

We do by these presents, make known to all men, that on the 23rd day of August one thousand eight hundred and seventeen and in the fifty seventh year of the reign of Our Sovereign Lord the King at Saint Johns aforesaid. Before us the last Will and Testament of Joseph H. Costello of Saint John’s in the Island of Newfoundland accomptant, deceased was proved, approved and ordered to be registered the said deceased having whilst living, and at the time of his death, divers, goods, chattels, credits and effects in the said Island, and within our jurisdiction by reason whereof the proving and registering the said will and granting Letters of Administration of all and singular the rights, goods, chattels, credits and effects of the said deceased, and also the auditing, allowing and final discharging the accounts thereof are well known to appertain only and wholly to us, and that administration of all and singular the rights, goods, chattels, credits & effects of said deceased and any way concerning his last Will & Testament was granted unto Mr. William Cheevers of Saint Johns, merchant, the executor named in the said Will, he having first sworn will and faithfully to administer the same and to make a true and perfect Inventory of all and singular the rights, goods, chattels, credits and effects of the said deceased and to exhibit the same into the Registry of our said Court at Saint Johns on or before the BLANK ( was not filled in ) day of August one thousand eight hundred and seventeen and also to render a true and just account thereof when thereto lawfully required.Given under our hand and the seal of the Supreme Court Newfoundland at Saint Johns in the said Island this twenty third day of August one thousand eight hundred and seventeen.

NAMES LISTED in THIS DOCUMENT in this 1817 TIME PERIOD
Joseph Henry Costello
William Cheevers
Henry Shea
Samuel Parsons
Daniel Tracey
Mary Costello Lambert and Doctor Lambert James Melledge
John Brine and Robert Brine
Reverend Philip Larrisey
Benevolent Irish Society
accomptant = is an accountant – French word ?deponent = dependent – French word ?

© 2002 Mike Howlett and NL GenWeb

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