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 Samuel Batten Senior from Newfoundland will books volume 4 pages 464 to 466 probate year 1869
Transcriberís Note: The will index gives the probate year, for this will, as 1869, but it is filed chronologically with wills from 1886.
| In re |
Samuel Batten Sr. deceased.
In the name of God Amen. I Samuel Batten, Senior of Bareneed, Conception Bay in the Island of Newfoundland, Planter, do this twenty sixth day of December in the year of our Lord one thousand eight hundred and sixty four, make and publish this as my last will and testament in manner following- I give and bequeath to my son John during his lifetime and afterwards to his son Robert James and his lawful male issue all the land fishing room &c &cwith whatever erections are thereon which he now occupies- To my son Samuel during his lifetime and afterwards to his son Samuel and his lawful male issue, all the land, fishing room &c &c with whatever erections are thereon which he now occupies- To my son William during his lifetime and afterwards to his son Samuel and his lawful male issue all the land, fishing room &c. &c. with whatever erections are thereon which he now occupies- To my son Thomas during his lifetime and afterwards to his son Isaac and his lawful male issue, the house which we now jointly occupy with all the land, fishing room &c. &c. and all erections thereon (save & except those hereinafter declared to be otherwise) together with all the furniture in our said house (save and except what is in my own bedroom, which is for the use of my wife Mary Batten during her lifetime, and after her decease shall belong to my son Thomasís son Isaac & his male issue-
In the event of my son Thomas dying before his son is of age it is my wish and desire that his wife Mary Batten shall have and use the same for the support of herself & children during her lifetime and in the event of the children dying before her, she must at her decease leave it to some other member of my family or their descendants using her own discretion in the choice. In the event of the grandsons before named dying without lawful male issue their next brother (if any) is to have the lands &c. before named- I give and bequeath to my lawful wife Mary Batten the sum of twenty pounds a year during her life (if so much remains after my lawful debts are paid) and she is to have & occupy the bedroom with the furniture now therein while she may require it then to be given as above declared and I further wish that my said wife and my son Thomasí family shall & will live amicably & assist each other, as far as possible.
Whatever money may remain after my wifeís decease to be equally shared between my four sons their heirs &c &c (save and except) the sum of fifty pounds hereinafter named- The waterside of the properties before named to my sons John and Samuel, has not been divided between them but must be, so that each may have his fair proportion of room for Flakes &c. If so much money remains after my wifeís decease and interment I hereby give to my daughter Mary Spencer the sum of Fifty pounds cy (if not), her proportion of the same- and if I have not paid my sons William and Thomas before my decease, the sum of twenty five pounds cy each- they must be paid the same immediately after my decease before any other legacy-
The pew in the church in Bareneed belonging to me, I give and bequeath to Isaac son of my aforesaid son Thomas & his heirs &c. The Barking Kettle Blocks &c. to be for the joint use of my four sons & their heirs &c. The stage on the Point on the store to be also for their joint use, & to be kept in repair by them- The land at Southern Gut belonging to me is to be equally divided between my four sons, or to be sold, and the proceeds thereof equally shared between them & their heirs &c. All debts due to me I freely forgive- And I hereby make, constitute and appoint my eldest son John, my second son Samuel and my youngest son Thomas to be joint executors to this my last will and to carry out the same according to my herein declared wish- In witness whereof I have hereunto set my hand and seal the day and date before named- Samuel his X mark Batten (LS) Signed, sealed and declared by the said Samuel Batten Senr as his last will and testament in our presence who at his request in his presence and in the presence of each other have hereunto set our names as witnesses, Jno. M. Maddock, Samuel Davis.