Conception Bay North
Brigus - Will Of James Gushue, 1807I transcribed the will from a photocopy of the will in the Registry of Deeds at the Confederation Building. As much as possible I have tried to maintain the spelling used in the original. Ron Neuman, Edmonton, Alberta, Canada.
|WILL OF JAMES GUSHUE OF BRIGUS -
Brigus, Conception Bay, Newfoundland, North America where no stamp paper is used, In the name of God, Amen.
I, James Gushue, being in Perfect Health and of a sound Mind and Memory, and being Exposed to the Dangers of the Sea, and Conceadering with myself the uncertainty of Death. Do this fourth day of March 1807 Make and ordain my Last Will and Testament in manner following. And as God have blessed me with Success in Property, I do hearby Divide my Property as follows To my Family. I give unto my Eldest Son, John Gushue, the Schooner. He now is Master of the Industry, and likewise two hundred pounds Sterling when called for. I likewise give unto my Second Son, James, Two hundred pounds Sterling when he is Twenty one years of age.
I likewise give my Son, George, Two hundred pounds Sterling when he is Twenty one years of age.
I likewise give my Son, Thomas, Two hundred pounds Sterling when he is Twenty one years of age.
I likewise give my Daughter, Mary, One hundred pounds Sterling when called on.
I likewise Do Freely give My Wife, Mary Gushue, all my property after Remaining. House, Gardens, Stores, Rooms, the Schooner I now goes in myself, all my Money and everything Remaining to Trade or Transact with her family. To let my Son, James, remain in the Schooner to Trade and act according as him and his Mother may so agree, and when my Wife, Mary Gushue, Departs this life, all my property then left to be Divided Equally between my Children, but if my Wife, Mary Gushue, Do Marry to change her name, or Correspond without Marriage to any Man as may plainly appear, Everything is taken from her and divided between my Children as the Trustees or the signers of this may must take on themselves. The Rooms and Houses and everything to be divided Equal, Let the Elders come one after another. No Disputes to arraise amongst them but is my Sinceare and harty wish to have peace and Tranquility. As God so blessed me with success and increase, I would not wish to have any Disputes but so go on with Industry and may God bless you and likewise give you Success.
It must be further understood that all the Books must be settled as there are Debts and Credits on them. Every Acct. settled according as the Books may appear as the Trustees or Signers of this must take on themselves.
There is the Church which the agreements will show is the half my property, it must be settled according to the agreement.
I likewise desire my Two Boys, George and Thomas, to be keep'd to School, the Money paid them as before mentioned when of age.
It is further Concider'd if Either of the Sons Do Chose to Seperate, that is John or James, To Divide the parts of the Room so as may come equal parts. Perhaps they may chose to go for themselves. But let me desire no Disputes in the Seperation nor to Envy Each other. I must Desire Mr. John Rowe in St. John's to Settle my Business with me and Mr. Bickford. This is my Will and Testament, being in the year of Our Lord One Thousand Eight hundred and Seven, in the forty six year of his Majesty's Reighn, George the Third, this is signed by James Gushue (My first Last Will and Testament).
Signed by John Bradley, Samuell Sprackling and James Roberts (made
Probate of the Will of James Gushue of Brigus - 1813
PROBATE COURT - NEWFOUNDLAND
Charles, by Divine Providence, Archbishop of Canterbury, Primate of all England, and Metropolitan, to our well beloved in Christ, Marmaduke Hart, one of the Partners in the House of Marmaduke Hart, John Bingley Garland and George Richards Robinson of Mealbrook London Merchants Trading under the Firm of Hart, Garland and Robinson, and as such one of the lawful attornies of Mary Gushue, Widow, the Relict and Residuary Legatee during life or widowhood named in the will of James Gushue, late of Brigus in Conception Bay in the Islands of Newfoundland and Master of the Merchant Schooner, Success, at Sea Deceased. Greeting. Whereas the said James Gushue, having whilst living and at the time of his death, Goods, Chattels or Credits in divers Dioceses or Jurisdictions, did (as is alleged) in his lifetime rightly and duly make his last will and Testament (hereunto annexed) and did not therein name any Executor. And we being desirous that the said Goods, Chattels and Credits may be well and faithfully administered, applied and disposed of according to Law, Do therefore by these presents grant full power and authority to you in whose fidelity we confide to administer and faithfully dispose of the said Goods, Chattels and Credits according to the Tenor and Effect of the said will, and first to pay the debts of the said Deceased which he did owe at the time of his death, and afterwards the legacies contained and specified in the said Will so far as such Goods, Chattels and Credits will thereto extend and the law requires you having been already Sworn well and faithfully to administer the same, and to make a true and perfect inventory of all and singular the said Goods, Chattels and Credits, and to exhibit the same into the registry of Our Prorogative Court of Canterbury on or before the last day of July next ensuing and also to render a just and true account thereof. And We do by these presents ordain, deputee and constitute you Adminstrator of all and Singular the Goods, Chattels and Credits of the said deceased (with the said Will annexed) for the use and benefit of the said Mary Gushue now residing at Brigus aforesaid. Given at London the twenty ninth day of January in the year of Our Lord, One thousand eight hundred and thirteen, and in the eighth year of our translation.
Signed by Deputy Registrars - Geo. Gostling, Nath Gostling and R. C. Cresswell
This is to certify that the above and preceeding page is a true copy of the original - Signed by Tim Phillips and James Blaikie.
Let this Instrument be recorded in His Majesty's Probate Court, Saint John's, Newfoundland, 11th June 1813. Book C.C. Folios 37 and 38.
Signed by Wm. Tumlett.