Transcribed by Judy Benson
While I have endeavored to be as correct as humanly possible, there could be some typographical errors
Newfoundland will books volume 2 pages 85-86 probate year 1851
|Will of James Churchill|
In re JAMES CHURCHILL. DECEASED.This is the last will and testament of James Churchill of Portugal Cove in the Island of Newfoundland, Planter. In the name of God, Amen. I, James Churchill being weak in body but of sound mind and memory (blessed be God) do this ninth day of May in the year of our Lord one thousand eight hundred and forty nine make & publish this my last will and testament in manner following, Imprimis I commend my soul into the hands of Almighty God who gave it me and my body to the earth from whence it came in hopes of a joyful resurrection thro* the merits of my Saviour Jesus Christ, and as for that worldly estate wherewith it hath pleased God to bless me I dispose of as follows,
Item, I give and bequeath to my nephew Robert Allen & his heirs for ever all my right title and interest in and to whatever land I own occupy or possess also a fishing room situated at the north point of Portugal cove (save & except) that Thomas Miller (my niece*s husband) shall have hold & occupy, the piece of ground on which he has erected a house also the said Thomas Miller & his heirs by my said niece shall have the use of the said fishing room by paying to the aforesaid Robt Allen & his heirs the sum of one shilling stg pr annum As rent, all repairs required about the said Room to be borne equally between the said parties provided nevertheless that should my aforesaid niece outlive the said Thomas Miller & marry again the children by her second marriage shall be totally excluded from the occupying the said premises.
The aforesaid Robt. Allen & his heirs for and in consideration of the enjoying & possessing the aforesaid properties shall & must maintain & support my lawful wife Mary Churchill & after her decease cause her to be decently interred, also the aforesaid Robt. Allen & his heirs shall & must (wherever God sees fit to take my aged mother Ellen Churchill) pay or cause to be paid the sum of three pounds cy towards her interment. My lawful wife Mary Churchill shall have & hold during her lifetime the part of the house which I now occupy together with the furniture, bed &c. which after her decease shall belong to the aforesaid Robt Allen & his heirs, and I also give & bequeath to my wife aforesaid to be disposed of as she may think fit the cows which I now own also whatever seines, nets & other loose articles I may die possessed of with the exception of one watch & my own wearing apparel which I wish to be given to my brother Wm. Churchill or his heirs. And I hereby make, constitute and ordain my good friend Mr. John Miller Maddock to be my executor to see this my last will performed according to my true intent & meaning and to collect & receive all money or monies due to me wheresoever they may be, and to pay the same to my aforesaid wife in such sums as he sees requisite for her (whatever balance may remain after her decease to be paid the aforesaid Robt Allen & his heirs) reserving and retaining all his charges & expenses whatsoever incurred in relation of his said trust.
James his X mark Churchill (LS)
Signed sealed & published and declared by the said James Churchill (the testator) as his last will & testament in the presence of us, who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses,
Certified correct, D. M. Browning