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 351 to 353 probate year 1859.
|Will of James Carter|
In re JAMES HOWE CARTER. DECEASED.In the name of God Amen. I James Howe Carter of Ferryland being sick and weak in body but of perfect mind and memory do make this my last will and testament and First of all I give and recommend my soul into the hand of Almighty God who gave and my body I recommend to the earth to be buried in decent Christian burial at the discretion of my executor. 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 and
First it is my will and desire that all my just and lawful debts should be liquidated before any distribution of my effects takes places then in the second place I give and bequeath to my beloved children Mary Oxenham Morry James Carter and Bessie Carter in equal shares of one third each all my right title and interest in and to one third of the premises I now occupy and known as the south side premises consisting of dwelling house stores shop cookroom coopers and carpenters shops and all other outhouses wharves stages flakes and beaches as particularized and contained in a certain Grant from Her Majesty's Government bearing date the 19th day of June A.D. 1848 to the late Elizabeth Carter the late Robert Carter Eliza Woolcomb and James Howe Carter and whereas the portion of the said property held by the said Elizabeth Carter was at her decease demised and left to the survivors in the said Grant named vizt Robert Carter, Eliza Woolcomb and James Howe Carter in equal proportions thereby reducing the shares in the said property to three one of which being my lawful property I give and bequeath the same in the shares or proportions before named,
Thirdly, I give and bequeath to my before named children in the same proportions of one third each all my interest of and in one third of a piece or parcel of land known as the "Pool Meadow" bounded on the N.W. by the property of William Saunders on the S.E. by the late Judge Carter's property on the S.W. by a field held by William Coulman in right of his wife and on the N.E. by Nason's property,
Fourthly I give and bequeath to my said children in the same proportion of one third
Fifthly I give and bequeath to the same parties and in like proportions all my interest being one half of the fishing room and plantation situate in Aquaforte now held under lease by Thomas Lovett from me bounded on the upper side by the late Doctor Brand's property and on the lower side by Saunders property Also one half being interest in a certain dwelling house and garden held under lease and now in the possession of Christopher Chudleigh situate in the harbour of Renews and adjoining the property of William Johnson.
Sixth. It is also my will and desire that all my fishing boats, coaster, skiffs, punts and all fishing craft and gear should be taken by my son James at a fair valuation to be adjusted by two competent persons and in the event of their not being able to agree on a valuation or either of the legatees being dissatisfied with the said valuation then in such a case it is my wish and desire that the whole of the said property should be sold and the proceeds divided in rateable proportions between my said children.
Seventh, it is also my will and desire that all my household furniture plate books money in the house at the time of my discease money in bank or any other property not herein described that I may possess or come into possession of after my discease should be rateably divided in the same proportions as before described to my said children Mary Oxenham, James and Bessie.
Eighth I also give and bequeath to my said children in equal shares my interest being one half of a large copper barking kettle now in the possession of Robert Carter north side.
Ninth I give and bequeath to my said children all my kitchen garden and cellar (it being my sole private property) in proportions of one third each as also all my outstanding debts to be equally divided between my said children in the same proportions as before particularized.
Tenth, As it is my will and desire that all and every portion of my property that by virtue of this my will may come into the possession of my daughter Mary Oxenham Morry should be free and independent of her husband Arthur Morry and that all the moneys or property should be fully beyond his control and for the purpose of securing this my wish and desire I hereby constitute and ordain the Revd A. Bayly and James Carter her brother Trustees for her and in her name to receive all monies and bequests herein described and to appropriate the same solely for her use benefit and disposal. Also I hereby constitute make and ordain James Carter (my son) sole executor of this my last will and testament. And I do hereby utterly disallow revoke and disannul all and every other former testaments wills legacies bequests and executors by me in any way before named ratifying and confirming this and no other to be my last will and testament.
In witness whereof I have hereunto set my hand and seal this twenty ninth day of November in the year of our Lord one thousand eight hundred and fifty eight.
James H. Carter (LS)
Signed sealed published and declared by the said James Howe Carter as his last will and testament in the presence of us who in his presence and in the presence of each other have hereunto subscribed our names,
Jno. Stephenson, Thomas Norris.
D. M. Browning