Transcribed by Judy Benson & Ivy Benoit. While we have endeavored to be as correct as humanly possible, there could be some typographical errors
Will of John Harvey from Newfoundland will books volume 2 pages 490-491 probate year 1863
John Harvey deceased.
In the name of God Amen. I John Harvey being now in a bad state of health of body but of sound disposing mind and understanding and not knowing how soon I may be called to leave this world am desirous of leaving behind me an intimation of my will respecting my little worldly effects do therefore make this as my last will and testament in form & manner following- First I give and bequeath unto Mary my beloved wife my bed and bedding and all things belonging to it. Secondly, I give and bequeath to my beloved sons, viz. Peter, John, James and Joseph all my fishing room situate on the northern point of Portugal Cove with all and every thing on it fixed & moveable together with the dwelling house and the ground & garden adjoining it and also the potato ground that lies in over the Hills to be by them held conjointly share and share alike so long as they shall all continue to live on it, and in the event of one or more of my said sons leaving the said premises he or those who go from it to live elsewhere shall have no claim on it nor on the produce of it so long as he or they shall continue away from it, but if he or they return with a view to live on it again and if during his or their absence any improvements have been made on said premises either in building of it or in clearing of ground he or they shall first make proper compensation to the parties by whom said improvements have been made and then enjoy his original share of said property conjointly with his or their brothers; And in the event of all these my sons leaving the said premises the premises shall if possible be rented at an annual sum which said sum shall be yearly paid to my beloved wife untill my youngest son Joseph shall be of age when he shall receive and enjoy the whole; and in case of his death his next brother shall have it and so on; But in no case shall the said property be sold by either or by all of my said sons or any one for them, but it shall be always kept as belonging to the family. And my will and desire to these my said sons that they be kind to their mother and use their endeavours to make her comfortable. Thirdly, my will and desire is to be buried alongside of poor father, and that my funeral expences be paid out of monies which may arise from the sale of my mare, or from the produce of the crop which the ground shall bring forth the coming season; Lastly I do hereby nominate and appoint my cousin James Churchill and my friend John Miller to be executors of this my last will & testament and do request them to carry the same into effect. Given under my hand & seal in Portugal Cove this twentieth day of March in the year of our Lord one thousand eight hundred & forty. John his X mark Harvey (LS) J. Curtis, witness, 20th day March 1840.