Conception Bay North Region ~ Carbonear District
Carbonear - Will of James Howell, Sen'r (1836)This will was read, recorded and transcribed by BONNIE HIELAND, November 2000. While I have endeavored to be as correct as humanly possible, there could be some typographical errors.
|Will of James Howell, Sen'r|
Registry of Deeds & Companies|
Confederation Building, St. John's
I James Howell the Elder, being in health of body and soundness of mind and memory to make and ordain this my last will and testament, in manner and form following, that is to say. Imprimis, I give and bequeath to my four grandsons, the sons of John, viz Benjamin, Robert, James and Richard, the moiety or half part of my dwelling house and furniture together with the half of all the land left to my by my father where I now live, on the north side of the Town of Carbonear, and which I have used occupied and possessed for the last forty years or thereabout as my own; and the half part of any other property that I may be possessed of at the time of my decease, of what description so ever it may be including half the rents arising from the house and land occupied by Edmond Phelan and from the house and land occupied by John Murphy as well as any other rent that may accrue from any other part of my land or fishing room. And I do hereby nominate and appoint my son John to be sole Guardian to my said grandsons to receive the rents and do whatsoever he may deem to be for their interest and advantage in the premises. And further it is my wish that my son John as Guardian to his children shall have the choice of the east or west half of my said dwelling house and half the furniture, together with half the land, fishing room &c. as the same shall be divided into two parts of equal value by my executors. Item, I give to by grandson Ebenezer the son of James, the other moiety or half part of my said dwelling house, furniture, land and fishing room, but if my son James should have another son, or other sons besides Ebenezer then the said moiety is to be equally divided between them. Nevertheless my son James is to hold use occupy and enjoy the same as his during the full term of his natural life. He is also to receive the other moiety of the rents arising from Whelan’s and Murphy’s leases with any other rents or profits that may accrue from any other parts of the land or fishing room, to his own used and behoof, during his life. And each moiety with the houses and all improvements that may hereafter be made on the premises shall descent to my grandsons and their heirs for ever. But should one or more of the said sons of John die leaving no heir the survivors or survivor of them shall have the first moiety. And in like manner the surviving sons or son of James’s family shall have the other moiety. And if all the sons of John shall die leaving no heir, in that case, the daughters or daughter of John shall inherit the first half. And should James, his son or sons all die, leaving no heir, his daughters or daughter shall inherit the other moiety. But should it so happen that all of John’s family become extinct or that all of James’s family should die then the survivors or survivor of the other family shall inherit and possess both moieties or the entire property by themselves and their heirs forever. And I do hereby nominate constitute and appoint Mr. William Willis Bemister and Mr. Henry Corbin Watts to be executors of this my last will and Testament.
James Howell his X mark (LS)
It is my wish that if I should die before my sons shall return from the fishery at the Labrador my friend Mr. William Willis Bemister should provide for my funeral and that he shall be reimbursed out of the rents which shall be due the ensuing autum. I also wish him to provide a headstone for my grave to be paid for out of the rents in like manner.
1844 – Estate of James Howell Senior of Carbonear
To the Honorable J.G.H. Bonrne Chief Justice and the Honourables the assistant Judges of the Supreme Court of Newfoundland
The Petition of John Howell and James Howell of Carbonear Newfoundland Planters
That James Howell senior the father of your Petitioners departed this life at Carbonear in the month of October one thousand eight hundred and thirty six leaving no Widow and your Petitioners the only issue him surviving, that the deceased left a will in which William Willis Bemister and Henry Corbin Watts of Carbonear are appointed Executors; the said Executors having long refused to act have at last renounced Executorship.
The Property left by the deceased now requiring the care of Administration, your Petitioners humbly pray that your Lordships will be pleased to grants Administration to the Estate of their said Father, with the Will annexed to your Petitioness and your Petitioners as in duty bound will Pray.
Your Petitioners are of the ages here specified – John Howell aged about 59 years and James Howell aged about 55 years.
John his X mark Howell
© 2000 Bonnie Hieland and NL GENWEB