NL GENWEB

Transcribed by Judy Benson & Ivy Benoit. While I have endeavored to be as correct as humanly possible, there could be some typographical errors

Newfoundland will books volume 9 pages 62-64 probate year 1910

Will of Moses Burton

In re: MOSES BURTON. DECEASED

This is the last will and Testament of me Moses Burton of Herring Neck, in the District of Twillingate, Newfoundland.

First - I give devise and bequeath to my wife Mary Ann Burton the sum of Four Hundred Dollars Cash. My Dwelling House which I now occupy together with all my furniture therein for her own use and benefit during her life time, after her death to become the property of my son Moses Burton, should he survive her, if not, to go to his children should he leave any.

Secondly- I give devise and bequeath to my son James Burton Thirty Dollars Cash, one half of my schooner Nestorian one fourth interest in my Fishing Room, Nets & Seines (save and except my large Cod Trap and large Herring Net) also I devise to him the middle part of my land situated in the Wallet, going westward as far as the Grass House standing there.

Thirdly - I give devise and bequeath to my son Arthur Burton Thirty Dollars Cash one fourth interest in my Fishing Room nets & seines, (save and except the large Cod Trap and large Herring Net aforesaid) That portion of my land situated in the Cove lying to the south of the trench that is there now - also that part of my land situated in the Wallet lying to the eastward of the land above bequeathed to my son James Burton.

Fourthly - I give devise and bequeath to my son Edwin Burton Eighty Dollars cash and one fourth interest in my Fishing Room & fishing gear (except the large Cod Trap and large Herring Net aforesaid)

Fifthly I give devise and bequeath to my son Moses Burton Thirty Dollars Cash - one half of my Schooner Nestorian one fourth interest in all my Fishing Room Seines & Nets. Also I devise to him my large Cod Trap and large Herring Net mentioned above. That portion of my land lying north of the trench situated in the Cove which will divide the portion bequeathed above to my son Arthur. Also that portion of land situated in the Wallet lying westwards of land above bequeathed to my sons James and Arthur Burton, the said land to take in Grass House thereon and gate opposite

Sixthly I give devise and bequeath to my four sons James Burton Arthur Burton, Edwin Burton and Moses Burton the garden in the Wallett to be shared equally among them.

Seventhly - I give devise and bequeath to my daughter Eliza Smart Eighty Dollars Cash.

Eighthly - I give devise and bequeath to my daughter Susan Blandford Fifty Dollars Cash.

Ninthly - I give devise and bequeath to my daughter Janet Gabriel Fifty Dollars Cash.

Tenthly - I give devise and bequeath to my daughter Annie Philpott Fifty Dollars cash.

I further order and direct that should my son Arthur die without issue the property I have willed him shall revert to the Burton family I strongly wish and desire that my son Moses will treat his mother kindly and be a good and dutiful son to her. I appoint James D. Lockyer of Herring Neck, and Alfred Philpott also of Herring Neck to be my executors.

In witness whereof I the said Moses Burton hereunto set my hand this 9th day September in the year of Our Lord one Thousand Nine hundred and seven. Moses his x mark Burton Signed by the said Moses Burton the Testator by affixing his mark thereto in our presence, who in his presence and in the presence of each other, at the same time subscribed our names as witnesses William Jacob Sceviour accountant Joseph B. Farthing Clerk

This is a Codicil to the last will and Testament of me Moses Burton of Herring Neck District of Twillingate I hereby further devise and bequeath to St. Marys Church Herring Neck the sum of Twenty four dollars being one years interest on Eight Hundred now lying in the Government Savings Bank in St. Johnís the said sum to be used by the clergyman and church wardens for the benefit of the church as they shall in their wisdom direct.

In witness whereof I the said Moses Burton set my hand this 9th Sept. 1907 Moses his x mark Burton Signed by the said Moses Burton the Testator as a codicil to the foregoing will, by affixing his mark thereto in our presence, who in his presence and in the presence of each other at the same time subscribed our names as witnesses William Jacob Sceviour Accountant Joseph B. Farthing clerk

Certified correct,
D. M. Browning
Registrar
(Listed in the margin next to this will the following) Fiat Dec. 3/09 C.J. Probate Jan 6/10 granted to Alfred Philpott Estate sworn at $2760.00

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