NL GENWEB

Another transcription of this will: Joseph Russell

Transcribed by GEOFF MARTIN

While I have endeavored to be as correct as humanly possible, there could be some typographical errors

Will of Joseph Russell

Page One

NEWFOUNDLAND,
In the Supreme Court,
St. Johnís, To Wit:
AFFIDAVIT.
You shall swear that you believe this to be the true last Will and Testament of
Joseph Russell late of St. Johnís aforesaid
Farmer deceased

You shall swear that you will pay all the Debts and Legacies of the deceased, so far as the Goods shall extend and the Law shall bind you; and that you will exhibit a true, full, and perfect inventory of all and every the Goods, Rights and Credits of the deceased, together with a just and true account into the Registry of the Supreme Court of Newfoundland, when you shall be lawfully called thereto: And you shall further swear that the whole of the Goods, Rights, Chattels, Assets, Credits and Effects of the said Joseph Russell

____________________ deceased, and of which he died possessed, do not according to the best of your knowledge, judgment and belief, amount to the value of Two Hundred Dollars.
So help you GOD.
Sworn before me, at St. Johnís his
this Seventh day of William X Martin
July A.D. 1876 mark
(having been first read over & explained)
G R Lilly LS
Commissioner of Affidavits,
Supreme Court.

Page Two

1876
Estate of Joseph Russell
late of St. Johnís Farmer
deceased
Dated
July 8, 1876

Page Three (all handwritten)

This is the last will and testament of Mr. Joseph
Russell of St. Johnís in the island of Newfoundland
Yeoman. I Give and bequeath to my wife Elizabeth
Russell all the property belonging?? me including my
dwelling house lands goods and Quidi Vidi Premise
(X X X X X ) herein whatsoever (the paper was folded and 5? words unreadable)
and wheresoever Situate for her Sole Separate use and
benefit during her natural life And after the decease?
of my said wife I will devise and bequeath to
my (to my is scratched out) to my daughter Hannah Russell the farm I
now live upon comprising dwelling house furniture
and effects thereon and therein and the land be-
longing to the said farm for her Sole use and
benefit and to her heirs executors administrators
and assigns forever And I further will and be-
queath after my said wifeís decease to John Russell
Joseph Russell Jane Russell and Harriet Russell
Share and Share alike the fishing Premises belong-
ing to me Situate at Quidi Vidi aforesaid And
lastly I appoint William Martin of the White Hills
near St. Johnís aforesaid farmer and John Nurse
of Twillingate in the Northern district of New-
foundland aforesaid dealer executors to this
my will. In witness whereof I have set my
hand and seal at St. Johnís aforesaid this twenty first
day of October Anno Domini 1867.
Signed sealed published and declared by the said testator
in presence of us who in his presence and in presence of
each other have hereunto set and subscribed our names??
as witnesses hereunto his
the same having first been ) Joseph X Russell
read over and explained to the ) mark
said Joseph Russell )
FWestonCarter LS )
JHBoone LS )

Page Four (all handwritten)

In the matter of the )
Will of Joseph Russell ) Supreme Court
late of St. Johnís Ė Farmer ) Newfoundland
deceased - )
Twillingate John M. Nurse of Back Harbour in the
To wit district of Twillingate Ė Green Bay Ė in the
Northern District of Newfoundland Ė Planter Ė one of the
Executors named in the Will of Joseph Russell late of
St. Johnís Ė Farmer Ė deceased Ė personally appeared before me
and then and there renounced and disclaimed all right and
intention of acting as Executor under said Will and then
there declared that he had never intermeddled with the Estate
said Testator.
Acknowledged before me by
the said John M. Nurse
this fifteenth day of September
A. D. one thousand eight hundred John M. Nurse LS
and seventy five Ė at
Twillingate aforesaid.
?????? Emerson
?? Supreme Court

Page Five (all handwritten)

Sup. Court
In the middle ??? of
the Est. of Joseph
Russell Ė Deceased

Renunciation of
John M. Nurse
Executor under
said will

Page Six (all handwritten)

Supreme Court
Newfoundland
To. The Honorable Sir Hugh
W. Hoyles Knight Chief Justice
or to one of The Honorable the
Assistant Judges of the Supreme
Court of Newfoundland
The Petition of William
Martin of St. Johnís Farmer,

Humbly Sheweth
That Joseph Russell late of St. Johnís
Farmer died in the month of August
One thousand eight hundred and seventy
three leaving him surviving Two Sons and
(3) three (the word three is scratched out) Daughters.
That at the time of his death he
was possessed of property of the
probable value of One hundred and
Sixty Dollars.
That no Probate or Administration
has as yet been taken out to his
Estate.
That said deceased left a Will
which has been proved in due form
by the affidavit of John H. Boone one
of the subscribing witnesses thereto
which

Page 7 (all handwritten)

which said will is hereunto annexed
marked A
That under said will your Petitioner
and John M. Nurse of Back Harbour
Twillingate in Green Bay were appointed
Executors.
That the said John M. Nurse has duly
renounced as will appear by the
paper writing hereto annexed marked B.
Your Petitioner therefore
prays that Probate of the said Will
of Joseph Russel may be granted
to him.
And as in duty bound
Your Petitioner will ever pray.
St. Johnís
February 17th 1876
his
William X Martin
Marke

Page Eight (all handwritten)

Supreme Court
Newfoundland
St. Johnís)
to Wit )
William Martin of St. Johnís
Farmer the Petitioner within named
maketh oath and saith that the
Contents of the within written Petition
are correct and true.
Sworn before me ) his
at St. Johnís aforesaid ) William X Martin
this seventeenth day of February ) mark
Anno Domini 1876 )
(having been first read over)
GR ????
Comm.r Affts.

Page Nine (all handwritten)

Supreme Court
Newfoundland
In the matter of the
will of Joseph Russel
late of St. Johnís
Farmer. __________
Petition of Executor

Page ten St. Johnís Supreme Court of Newfoundland
To Wit
John H. Boone_____________________________________________________
of St. Johnís aforesaid Barrister at Law_________________________________
maketh oath and saith that on the twenty first ________________day of October
A. D. one thousand eight hundred and sixty seven__________________at St. ___
Johnís aforesaid _________________he, this Deponent, was present and did see
Joseph Russell________________________________late of St. Johnís aforesaid
___________________ the Testator named in the paper writing hereunto annexed
duly sign (by making his mark) publish and declare the said annexed paper writing
as and for his last will and Testament, in the presence of this deponent
and of Frederick Weston Carter_____________________________________
the other subscribing witness thereto. That Deponent and said Frederick
Weston Carter ____________________ then and there signed their names to such
will as such witnesses in the presence of the said Testator and of each other- That
previously to the said will being so signed, as aforesaid, by the Testator and the
said witnesses, it was read over and approved of by the said Testator in the presence
of Deponent and the said Frederick Weston Carter_________________________
__________________________________________________________________
and at the time of the said Execution of the said will the said Testator was of
sound and disposing mind, memory and understanding, to the best of Deponentís
knowledge and belief.
Sworn before me at
St. Johnís, J. H. Boone LS
In the Island aforesaid, this
25th. day of February
A. D. One Thousand Eight hun-
dred and seventy-four.
Unknown signature
Comr. of Affts.

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