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 John Jeans from Newfoundland will books volume 4 pages 373-374 probate year 1885
| In re |
John Jeans deceased.
In the name of God Amen. I John Jeans of Change Islands in the District of Twillingate and Fogo being of sound mind and memory though in great weakness of body, do make publish and declare this my last will and testament. That is to say, first, I recommend my soul to God who gave it and desire that my body be decently buried in the new cemetery of the Church of England, Change Islands. With regard to my worldly estate I give bequeath and dispose of it in the following manner, after all my lawful debts are paid and discharged.
First- All monies I am possessed of at the time of death either in my dwelling house or in the hands of Messrs. Owen and Earle I leave to my wife Phoebe Jeans-
Secondly- I give and bequeath to my wife Phoebe my two dwelling houses store & stage flake boats, trap, nets and all property connected wherewith for the use of the fishery- all the said property to be used in the prosecution of the fishery by my nephew Richard Elliott- the proceeds thereof to be for the joint benefit of my wife Phoebe and the said Richard Elliott-
Thirdly- My gardens situated in Fox Head Cove and Haskells Cove, my garden and meadow adjoining my dwelling house, I give bequeath and dispose of in the same manner as the property above named- provided that should my wife marry again she shall quit all claim to the dwelling houses, store, stage flake, trap, nets and all property for the use of the fishery, but shall still hold possession of the gardens for her use and benefit until her decease, when they shall become the property of my nephew Richard Elliott as hereinafter provided.
Fourthly- It is my will that my nephew Richard Elliott shall continue to prosecute the fishery and cultivate the gardens as heretofore-
Fifthly I also will that my beloved mother, Patience Jeans, be comfortably provided for until her decease by my wife Phoebe, and my nephew Richard Elliott out of the proceeds of the fishery and from the rent received from Messrs. Owen & Earle for the use of the room in Fox Head Cove where they carry on business.
Sixthly. I further will that my nephew Stanley Jeans be comfortably provided for and taken good care of by my wife Phoebe, and my nephew Richard Elliott until he is of age which will be when he is eighteen years old.
Seventhly. At my wife’s decease I leave my dwelling houses, fishing room, and all property connected therewith for the prosecution of the fisheries- my share of the room now used by Messrs. Owen and Earle for business purposes- my gardens & meadow- my house furniture- to my said nephew Richard Elliott on condition that he complies with my wishes as hereinbefore mentioned.
Eighthly- Should the said Richard Elliott die before my wife or without issue, I will that the property above named revert to my nephew John, son of my brother-in-law John Torraville on the same conditions as those above mentioned to be carried out by my said nephew Richard Elliott.
And lastly- I do nominate and appoint my much respected friend Thomas Torraville as the sole executor of this my last will and testament In witness whereunto I have hereunto set my hand and seal this sixth day of November in the year of our Lord one thousand eight hundred and eighty three (1883) John Jeans. Signed in the presence of us who signed in the presence of each other. Benjamin Henry Torraville, David X his mark Hoffe. I John Jeans do hereby cancel disallow and revoke any other will or testament made by me and confirm the foregoing as my last will and testament as witness my hand and seal at Change Islands this sixth day of November in the year of our Lord one thousand eight hundred and eighty-three- John Jeans. Signed sealed and acknowledged as a codicil to this my last will and testament in the presence of us as witnesses, Benjamin Henry Torraville. David X his mark Hoffe.