Transcribed by Judy Benson
While I have endeavored to be as correct as humanly possible, there could be
some typographical errors
Newfoundland volume 2 pages 337 to 341 probate year 1858.
| Will of Jonas Barter |
In re Jonas Barter. DECEASED. This is the last will and testament of me Jonas Barter of St. John's in the Island of Newfoundland, Builder, as follows, that is to say, It is my will that immediately or so soon after my decease as it may be convenient so to do that all my horses, cattle, pig, harnes, carts, catamarans farming implements, goods, chattels, funds, monies, debts due me, mortgages, securities and all my real and personal estate of what nature or kind soever (other and except such part thereof as are hereafter specially bequeathed and devised) such parts thereof as do not consist of monies, funds, debts due me, mortgages and securities, be sold and converted into money, money and such parts thereof as do consist of monies, funds, debts due me, mortgages and securities, be collected, received and got in with all convenient speed and upon such being done that all the proceeds arising from such sales and receipts be invested, divided and disposed of as follows (after deducting all expences of such sales and for such collections and receipts) First, To pay all my just debts and funeral expences, Secondly, I give and bequeath the residue of such proceeds unto my executors hereinafter named the survivor of them and the executors administrators and assigns of such survivor Upon trust to and for the purposes hereafter named, that is to say,First To pay into the Saving of Newfoundland the sum of fifteen pounds currency there to remain at interest until my nephew Jonas Barter, John Barter's son, shall attain the age of twenty one years then the same and interest to be paid him, and in case he shall die before attaining that age then and from the time of his death the said sum and interest shall be invested divided and paid as is hereafter provided for the remainder of such proceeds. Secondly, to place out and invest the sum of one hundred pounds currency on mortgage or other security such as they my executors or the survivors of them or the executors administrators or assigns of such survivor shall deem good and safe and pay the interest profits and produce thereof unto my dear wife Eliza for and during the term of her natural life or so long as she shall continue my widow and unmarried, and in case of her marrying or upon her death whichever shall first happen then and from thenceforth to pay and divide such interest profits and produce equally share and share alike between my son George and daughter Jane with benefit of survivorship, for and during their lives and after their deaths to divide the said sum of one hundred pounds equally share and share alike between and among the children of my said son and daughter to be paid them on their attaining the age of twenty one years. Thirdly as to the remainder of such proceeds it is my will that the same be divided into three equal parts or shares The first or one of such parts or shares to be invested, the interest thereof to be paid, the principal to be divided and paid and the same to be managed in every particular and in like manner and to the same person and persons and subject to the same provisions and restrictions in all respects as is before contained, mentioned, directed and provided of for and concerning the said sum of one hundred pounds, out of the second of such parts or shares of such remainder to deduct the sum of thirty pounds currency and to pay the said sum of thirty pounds currency into the said Savings Bank of Newfoundland there to remain at interest until my grandson Jonas Barter, son of George, shall attain the age of twenty one years, then to pay the same and interest to my said grandson Jonas Barter and in case he shall die before attaining such age then and from the time of his death the said last mentioned sum of money and interest to be invested and disposed of as hereafter as provided for the residue of this said second part or share, vizt It is my will that the residue of this said second part or share shall be invested in the same manner as is hereinbefore provided for the said sum of one hundred pounds and the interest profits and produce thereof paid to my son George for and during the term of his natural life and upon his death or so soon thereafter as the same can be made available for that purpose to divide and pay the same between and among the children of my said son George share and share alike to be paid them upon their attaining the ages of twenty one years Out of the third of such parts or shares of such remainder to deduct the sum of thirty pounds currency and to pay the same into the said Savings Bank of Newfoundland there to remain at interest until my grandson William Jonas Barter Stabb shall attain the age of twenty one years then the same and interest thereon to be paid him and in case he shall die before attaining such age then and from the time of such his death the said sum of thirty pounds last mentioned and interest shall be invested and the same disposed of in like manner as is hereafter provided for the residue of this said third part or share vizt It is my will that the residue of this said third part or share be invested in the same manner as is hereinbefore provided for the said sum of one hundred pounds and the interest produce and profits thereof paid to my daughter Jane for and during the term of her natural life and upon her death or so soon thereafter as the same can be made available for that purpose to pay and divide the same equally share and share alike between and among the children of my said daughter Jane the same to be paid them upon their attaining the ages of twenty one years and in case the said Jane should die leaving no children her surviving then the same shall be divided share and share alike between and among the children of my son George to be paid them on attaining the ages of twenty one years. I give and bequeath unto my dear wife Eliza all the household furniture pictures, house linen, jewels and plate which I shall be possessed of at the time of my decease and her own wearing apparel and paraphernalia- I give and bequeath unto my son George all tools, instruments and implements belonging to my trade and business or relating thereto and also all lumber and articles in course of being made of or belonging to my trade or business at the time of my decease and also all my wearing apparel. I give, bequeath and devise unto my dear wife Eliza all that piece of land and the buildings thereon at present in my occupancy near Apple Tree Well on the eastern side of the Lazy Bank Road and also the yard adjoining the dwelling house I now dwell in (save and except the workshop and the stable in the rear of the said yard and the ground on which the same are built and a passage way eight feet wide through such yard from the Lazy Bank Road thence to which I give to my son George as hereafter mentioned) Also all that piece of land situate on the South west side of the Lazy Bank Road and adjoining Benjamin Morris's Garden. Also all that piece of land with the cottage thereon situate on the north side of the road leading to Monday's Pond adjoining Mrs. Dollard's waste land for and during the time and term of her natural life or as long as she shall continue my widow and unmarried and in case of her marrying or upon her death I give bequeath and devise the said several pieces of land unto my executors hereafter named the survivor of them and his executors administrators and assigns upon trust to suffer and permit my son George to receive the rents issues and profits thereof for and during his natural life and after his death to convey apportion divide and assign the same between among and unto the children of my said son George share and share alike. I give and bequeath unto my dear wife Eliza all that piece of land and the houses thereon situate on the south side of New Gower Street near Prince's Street which said land I hold under lease from Government for and during the term of her natural or so long as she shall continue my widow and unmarried and upon her death or in case she shall marry I give and bequeath the said last mentioned piece of land and premises to my said executors hereafter named the survivor of them his executors administrators and assigns upon trust to suffer and permit my daughter Jane to receive and take the rents issues and profits thereof for and during the time and term of her natural life and upon her death to assign apportion divide and convey the same between and among the children of the said Jane share and share alike and in case she shall have no children her surviving then to apportion divide and convey the same between and among the children of my said son George I give, bequeath and devise unto my son George all that piece of land with the buildings thereon situate on the west side of Flower Hill and called Darby O'Gollaghan's Plantation Also all that piece of land situate on the north side of the Penny Well path road containing about three and a half acres Also all that piece of land situate on the South side of the Pennywell Path Road containing about eight acres adjoining the public Bog Also all that piece of land situate near Monday's Pond containing about thirty acres at present uncultivated Also all that workshop and stable in the rear of the yard adjoining the dwelling house I now live in and the ground on which the same are built and a piece of land eight feet wide through the said yard for a passage way into the said stable and workshop for and during the term of the natural life of my said son George and upon his death I give and bequeath the said several pieces of land last mentioned and bequeathed to George for his life unto the children of my said son George share and share alike who shall be living at the time of his death. I give and bequeath unto my grandsons William Jonas Barter Stabb and Jonas Barter all the money and funds which at the time of my decease I may have in the Savings Bank in Exeter, Devonshire, England, or in any other Savings Bank in Devonshire, the said money to remain in such Savings Bank as it shall be in at the time of my decease at interest until my said grandsons shall both have attained the age of twenty one years then to be divided with the interest equally between them share and share alike and in case either of both shall die, not attaining that age, then the share or shares of him or them so dying shall be divided equally among my wife Eliza, my son George and my daughter Jane with benefit of survivorship. It is my will that all gifts bequests and devises made to my daughter Jane shall be enjoyed by her sole and separate and shall not be liable to any claim on her present or any future husband and her separate receipt shall be a full discharge for any monies paid her under or by virtue of these presents. It is my wish that my executors hereafter named do receive and pay themselves a fair and reasonable compensation remuneration and commission out of my estate for their trouble and services in carrying out the provisions of this my will and testament and for the receipts payments and investing of monies and for performing other services as the same may be necessary in the management of my estate. I hereby appoint William Vallance Whiteway of St. John's aforesaid, Barrister at law, and Thomas Morry of the same place, Merchant, executors of this my last will and testament.- I hereby revoke all former wills and declare this to be my last will and testament In witness whereof I the said Jonas Barter have hereunto set my hand and seal and declared this to be my last will and testament this twenty third day of November Anno Domini eighteen hundred and fifty four. Jonas Barter. Signed, sealed, delivered and declared in presence of M.W. Walbank. Certified correct, D. M. Browning Registrar |