Avalon South Region ~ St. John's District
St. John's - Will of James Neil (1834)This will was read, recorded and transcribed by SUE O'NEILL, July 2001. While I have endeavored to be as correct as humanly possible, there could be some typographical errors.
|Will of James Neil 1834|
James NEIL deceased.
This is the last will and testament of me, James Neil of Freshwater in Saint John's in the Island of Newfoundland, Farmer. I give and devise all my landed property or real estate in manner following, that is to say, the ground or land situate on the north side of the road commonly called 'Main River Road' in Saint John's aforesaid and on which stands the dwelling house, stabling and outhouses together with the same, also a small kitchen garden adjoining the said dwelling house and a piece of ground at the back of the same from the middle River to the road at the Pinch together with the meadow adjoining the said kitchen garden also all the land or ground on the south side of the said road from the middle river westward and the piece of ground or land near the main river and all trees under trees rigts[sic] privileges and appurtenances thereunto belonging unto my son Moses his heirs executors administrators and assigns which ground or land I hold under grant from Government To Hold the same unto my said son Moses his heirs executors administrators and assigns such part as is freehold for ever and such part as is leasehold or granted for a term of years for and during the unexpired term or terms therein with the benefit of renewal subject to the payment of any rents and to all covenants and agreements which the same are or may be liable to. The ground or land situate on the south side of the main road commonly called "Main River Road" from the middle river to the main river with all trees under trees rights privileges and appurtenances thereunto belonging unto my son John his heirs executors administrators and assigns To Hold the same or such part as is freehold unto my said son John his heirs executors administrators and assigns for ever and such part as is leasehold or granted for a term of years for and during the unexpired term therein with the benefit of renewal; subject to the payment of any rents and to the performance of all covenants and agreements which the same may or are liable to All the ground or land situate on the north side of the main road commonly called "Main River Road" (not already hereinbefore given and devised) with all trees, under trees right privileges and appurtenances thereunto belonging unto my sons Arthur and William to be divided share and share alike, which partition if required is to be made by my executors hereinafter named; which said latter ground is also hold by me under Grant from Government To Hold unto the said my sons Arthur and William their heirs executors administrators and assigns such part as is freehold for ever and such part as is lead hold is granted for a term or terms of years for and during the term or terms therein to some and unexpired with the benefit of renewal subject to the payment of the rent and to the performance of the covenants and agreements which the same are or may be liable to. All that farm situate on the south side of the said road and commonly called or known by the name of "Dennis Kelley's Farm" with all the trees, under trees, right, privileges and appurtenances thereunto belonging unto my son James his heirs, executors, administrators and assigns, which said last mentioned Ground or Farm is held by me by grant from Government To Hold the same unto my said son James his heir executors administrators and assigns such part thereof as is freehold for ever and such part as is leasehold for and during the term or terms therein to come and unexpired, with the benefit of renewal, subject to the payment of the rent or rents and to the performance of the covenants and agreements which the same are or may be liable. I give and bequeath to my said son Moses all my household goods and furniture and wearing apparel and also the horse called "Gaspard", the Black Mare, the three Milch Cows and the Bull, together with all the farming utensils and implements of husbandry whatsoever belonging to me at the time of my decease, as well all the Hay, Manure and Sticks with the corn-bon, and also my beds, bedding and linen, together with the crop now in the ground or land hereinbefore devised to my said son James, to and for his own proper use absolutely for ever, save and except such articles or furniture or otherwise as I may hereafter give and bequeath. I give and bequeath to my said son John the heifer and the grey Mare together with a sufficient quantity of Hay for their support the ensuing Winter. I give and bequeath to my said son William the feather bed I at present lay upon, also the Black Filly with a sufficient quantity of Hay for its support the Winter. I give and bequeath to my said son Arthur the Foal, and a sufficient quantity of Hay for its support the ensuing Winter. I give and bequeath to my said son James a Mahogany Breakfast Table together with all my ready money and book or other debts now or that may be due to me at the time of my decease. I give and bequeath the Frame of a dwelling house erected on the ground or land hereinbefore given and devised to my said son James to my said son Arthur which is to be removed by him. And I do will and direct that my executors hereinafter mentioned shall as soon as may be after my decease out of the money, property and effects aforesaid or out of any other property and effects of mine (and for that purpose if necessary sell and dispose of sufficient to do so) satisfy and discharge all such debts as shall be due and owing by me to any person or persons whomsoever at the time of my decease, and in the next place to pay, satisfy and discharge my funeral expenses. And I do hereby make ordain constitute and appoint Peter Weston Carter, Esquire, one of His Majesty's Justices of the Peace for the Island aforesaid and James Johnstone Grieve of Saint John's aforesaid Merchant executors of this my last will and testament and my will is and I do hereby and expressly declare that my said executors or either of them, their or either of their executors or administrators shall not be charged or chargeable with or accountable for more of the aforesaid estate and money than he or they shall actually receive or shall come into his or their respective hands by virtue of this my will, nor the one of them for the other or for the acts, deeds, receipts, defaults or disbursements. And Lastly I do hereby revoke all former and other will and wills by me at any time heretofore made, and declare this to be only my last will and testament. In witness whereof I the said James Neil have hereunto subscribed my name and set my seal this nineteenth day of September in the year of our Lord one thousand eight hundred and thirty four. James Neil X his mark (LS) Signed sealed published and declared by the said James Neil as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have hereunto set our names as witnesses (being first clearly and distinctly read over and explained), Robt. R. Wakeham, Not. Pub. Timothy Hogan. Richard Courtney.
D.M. Browning, Registrar
*Handwritten letter attached to will
To the Honorable the Chief Justice and the Assistant Judges of the Supreme Court
The Petition of Peter Weston Carter of St. John's Esquire and James Johnston Grieve Merchant, both of St. John's in the Central District - humbly sheweth:
That James Neil of St. John's, Farmer, lately departed this life at St. John's aforesaid, being first duly made and published his last Will and Testament, whereof he appointed your Petitioners Executors, leaving him surviving five sons and two daughters, and being possessed or well entitled at the time of his death to property, consisting chiefly of real Estate situate in the Central District, of the probable value of Four Hundred pounds.
In the purpose therefore of carrying the said Will into execution, your Petitioners humbly pray that Probate thereof may in due form of ?[word unclear] be granted to them, and as in duty bound your Petitioners will ever pray to.
Signed in presence of
The above named Peter Weston Carter and James Johnstone Grieve severally make oath and for that all and singular the matters and things stated and set forth in the forgoing Petition are just and true.
Sworn at St. John's
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