Source: TNA, PROB 11/2112
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In the Name of God Amen I John Wilshear of Carbonear being very sick in body and of per- fect 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 Sould 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 resurect- tion I shall receive the same again by the might 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 privileges 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 hereafter 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 Harbour Labrador together with all monies in my possession monies in the hands of Pack Goss & 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 wifes 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 disa???? 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 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 A true and correct copy Rob R W Lilly Act. Chf Clerk & Regr In the Probate Office of the Supreme Court of Newfoundland By the Honorable Thomas Norton Esquire Chief Justice and the Honorables August Wallet Des Barres and James Francis Esquires Assistant Judges of the Supreme Court of Newfoundland We do by these presents make known to all men that on the thirtieth day of July one thousand eight hundred and forty seven and in the eleventh year of the Reign of our Sovereign Lady Victoria before John Stark Esqr Commissioner of Affidavits of the Supreme Court of Newfound- land the last will and testament of John Wilshear late of Carbonear in the Northern District Planter deceased hereunto annexed was proved appro ved 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 the Jurisdiction of the Supreme Court of Newfoundland 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 a???ting allowing and final discharging the accounts thereof are well known to appertain only and wholly to the said Supreme Court And that administration of all and singular the rights goods chattels credits and effects of the said deceased and any way concerning his last will and testament was granted to Moses Wilshear of Carbonear aforesaid accountant the executor named in the said will he having first sworn well 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 decedased and to exhibit the same into the Register of the said Supreme Court of Newfoundland at Saint John's in the Island aforesaid on or before the last day of July next and also to render a just and true account thereof when thereto lawfully required In testimony whereof we have caused the Seal of the said Supreme Court to be hereunto affixed at Saint John's aforesaid the third day of August one thousand eight hundred and forty seven By order Rob R W Lilly Actg Chief Clerk & Registrar Supreme Court On the 27th April 1850 Admon (with the will annexed of the goods chattels and credits of John Wilshear late of Carbonear in the Island of Newfoundland Planter and Fisherman deceased was granted to John Fyer the lawful Attorney of Moses Wilshear the son the sole Executor named in the said will having been first sworn by Comon duly to administer for the use and benefit of the said Executor now residing at Carbonear aforesaid and until he shall duly apply for and obtain probate of the said will to be granted to him
Last Modified: Tuesday, 02-Aug-2011 15:48:06 NDT