Transcribed by Judy Benson & Ivy Benoit. While I have endeavored to be as correct as humanly possible, there could be some typographical errors
Newfoundland will books volume 4 pages 399 to 401 probate year 1885
|Will of John H. Warren|
In re: JOHN HENRY WARREN DECEASED.
Another will exists on page 386 for John Henry Warren, also probated in 1885, but it was written 13 years prior to this will. You can view it here: John H. Warren
This is the last will and testament of me the Honorable John Henry Warren of Saint John’s in the Island of Newfoundland Gentleman member of the Legislative Council of Newfoundland being of sound mind memory and understanding
1. I devise and give to my beloved children Jane Elizabeth Warren, Laura Anne Bowring, William M.H. Warren, Ella Louisa Robertson and Adolph George Warren, all my rights title and interest in and to all my waterside premises situate on Water Street West held under a perpetual lease from A. Holdsworth subject to a yearly rental of Two hundred and sixty five pounds sterling and also subject to an annuity of one hundred and fifty pounds six shillings and eight pence currency to my sister Anne Warren during her life the said devisees to share and share alike namely one fifth of the nett annual rents arising therefrom to each payable half yearly. I also give devise and bequeath to my said children all my right title and interest in and to my South side property situate between the premises of Messrs. Walter Grieve and Company and Job Brothers and Company and now leased to William Stephen of Dundee to share and share alike namely one fifth of the nett annual rent arising therefrom to each payable half yearly. I also give and devise to my said children all my right title and interest in and to four lots of land at Topsail situate on the new line (Byrne’s line) of Road towards Manuels and marked on the Surveyor General’s office Plan as Lots Nos. Nineteen, twenty seven twenty nine and thirty, share and share alike.
2. I give devise and bequeath to my beloved and dutiful son Adolph George Warren that piece of land situate on Rennies Mill Road leading to Upper Long Pond and lying North of the road leading up by Quigley’s to Upper Long Pond Road and bounded south by land owned by my sister Anne Warren and called by me Mount Warrenville. Also all my household furniture beds and bedding plate and all other goods chattels and effects now in my dwelling house Provided he comfortably support his sister Jane Elizabeth with bed and board and all essential comforts and requirements other than clothing as long as she remains unmarried or otherwise as she may desire provided he allows and pays to her whilst unmarried and a spinster the sum of thirty pounds currency yearly. Also the sum of five hundred pounds currency or two thousand dollars.
3. All the remainder of my moneys shares stock or serip I give and bequeath to my children Jane Elizabeth, Laura Anne, William M.H., Ella Louisa and Adolph George, share and share alike.
4. I give devise and bequeath to my children Jane Elizabeth, Laura Anne, William M.H. and Ella Louisa, the land now occupied by John Bell yielding a rental of twenty five pounds per annum and known as Bloomfield Farm. Also a piece of land on the north side of Upper Long Pond situate on the west of land formerly granted by Government to James Clift and east of land owned by my sister Anne Warren and in rear of Thomas Quigley’s land.
5. I give devise and bequeath to my beloved children Jane Elizabeth, Laura Anne, Ella Louisa and Adolph George all my mining property situate in Notre Dame Bay namely my interest of four hundred and sixteen shares in the Notre Dame Mining Company otherwise Burton’s Pond. My interest in a lease for ever of one square mile of mining land at Nippers Harbor. And one third interest in a square mile of mining land at Rogues harbor (less one-seventh to be held by William M.H. Warren as by agreement with him) share and share alike.
6. I give devise and bequeath to my children Jane Elizabeth, Laura Anne, William M.H., Ella Louisa and Adolph George, all the rest and residue of my lands houses buildings mines minerals goods chattels and effects other than moneys in equal shares.
7. I give and bequeath to Elizabeth Walker during her life and whilst unmarried and whilst she shall continue to reside with any members of my family above mentioned the sum of thirty dollars yearly in consideration of her long and faithful servitude to be paid half yearly from the yearly rents of my property hereinbefore described.
8. Each and every gift devise and bequest herein given or made to my daughters shall be to their sole and separate use independent of the control or use and the debts and engagements of any present or future husband of any of my said daughters respectively.
9. No gift devise or bequest of any land houses or buildings or mines or minerals or any interest therein given devised or bequeathed by this will shall be willed sold charged pledged mortgaged assigned or in any way conveyed in part or whole away from the donee devisee or legatee hereby indicated. In the event of any such gift devise or bequest being so willed sold charged pledged mortgaged assigned or conveyed in contravention of this paragraph or in the event of such party being declared insolvent or bankrupt or in event of the said interests being taken under attachment or levied on under execution then such gift devise or bequest and all property and interest therein shall be and enure for the use and benefit of the other or others of my said children then surviving. Provided that by the consent in writing of a majority of the said children entitled to any such gift devise bequest or interest in any lands houses buildings monies or minerals aforesaid other than the said waterside properties on the north and south sides of the harbor of St. John’s the same or any portion may be willed aliened or sold.
10. The foregoing devises and bequests to Jane Elizabeth Warren should she die without having been married or if married and dying without issue are to be appropriated as follows: One third to Adolph George Warren and after his death to his children if any in equal shares. One third to Ella Louisa Robertson for life and after her death to her two children James Schoedder Robertson and Ella Louisa Laura Annie Robertson and the remaining third to Charles Warren Bowring son of Charles and Laura Bowring called after me.
11. The foregoing bequests to my daughter Ella Louisa Robertson are to be to her sole and separate use as aforesaid during her life and widowhood and after her death to her two children James Schoedder Robertson and Ella Louisa Laura Annie Robertson. But should she again marry the same shall upon the event of such marriage go to the said two children and shall be divided between them equally on their coming of age respectively for their own exclusive use and benefit and upon the death of either of them the share of the one so dying shall go to such of his or her children as may be called by the Christian name of Warren.
12. In the event of William M.H. Warren’s death and of his wife Jessie again marrying the devises and bequests to him shall be divided equally among the children of the said William M.H. and Jessie Warren his present wife.
13. In the event of Adolph George Warren’s death the devises and bequests herein made to him shall survive to his wife for life and widowhood but upon her death or marrying again the same shall go to the children of the said Adolph George Warren in equal shares and should the said Adolph George Warren die a bachelor then the said devises and bequests shall be divided equally among his then surviving brother and sisters and children of any deceased brother or sister taking by representation. I appoint my son Adolph George Warren sole executor of this my last will and testament. John H. Warren. Signed published and declared by the said testator as and of his last will and testament in presence of us who in his presence and in the presence of each other have hereto subscribed our names as witnesses, J.H. Boone, Thos. J. Murphy. St. John’s Nfld, Oct. 8th 1884.
Codicil to the foregoing will confirming said will save and except the amount left to Elizabeth Walker which I now revoke and do not bind myself to my reasons for so doing being quite just. Further that in the event of the death of my present executor A.G. Warren that I do wish that my son-in-law Charles Bowring Esqr shall act as my executor signed by me this eight day of October A.D. one thousand eight hundred and eighty four, John H. Warren.
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