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Provincial Archives of New Brunswick

Wallace Hale's Early New Brunswick Probate, 1785-1835

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Reference9072
Family NameROCHE
Given NamesMary
Was there a Will? Yes
Date of Will1832-08-04
Date Will was proved1835-07-07
Was an inventory completed? No
CountySaint John
ParishCity of Saint John
Probate is for a woman? Yes
Abstract references a vessel? No
Abstract City of Saint John, St. John County, Wife of Edward ROCHE, carpenter, and late widow of Samuel MILES, merchant. Will dated 4 August 1832, proved 7 July 1835. A marriage contract dated 9 December 1831 between Edward ROCHE, gentleman, and Mary MILES, widow, agreed that after their union in matrimony Mary MILES shall be sole mistress and owner of her present real and personal estate. Testator made her last will and testament by virtue of that contract. Husband Edward ROCHE all household furniture and "stuff" brought by me and in the house now occupied by us and £1,000 on the condition that he assent to this my will and give no trouble, molestation or hindrance to my executors, otherwise the bequests to him shall be transferred and applied as directed for the residue of estate. Son Thomas Hanford WENTWORTH the residue of my personal estate and all my real estate, Lot 398 on King Street, Town Lot 50 on Prince William Street where son Thomas Hanford WENTWORTH now resides, Lot 51 purchased by my late husband Samuel MILES from Daniel MICHEAUX, and the store and premises on the south side of the Market Slip now in the occupation of Messrs REED and PERKINS. Should Thomas Hanford WENTWORTH predecease me, the real estate to be sold and from the proceeds pay to Edward WENTWORTH and Thomas Hanford WENTWORTH, children of my son, each £125, and to Hannah M., the wife of my son, then being alive and a widow, £500. Residue of estate to be divided equally among the children of my son Thomas Hanford WENTWORTH, with the exception of his daughter Mary and son Robert Smith, on their reaching age 21. In the event of the death of son's wife, her share to be paid to his daughter Hannah. Any sums paid by me to my husband Edward ROCHE between now and the time of my death to be deducted from the bequest of £1,000. The will lists twenty-eight bonds and mortgages with a total value of £5,000 as her personal assets. Doctor John BOYD, Solomon NICHOLS Esq. and son Thomas Hanford WENTWORTH executors. Witnesses: Thomas MILLIDGE, James HENDRICKS, Stephen SINNOTT. CODICIL, dated 4 November 1833, provides that the bequest to son Thomas Hanford WENTWORTH is in trust in his hands for the benefit of his wife and children and not subject to any claims, but that he shall have control of the trust and be at liberty in business to use his endeavours to increase the amount thereof. Grandson Robert SMITH to be brought in and considered as one of the deserving children of my said son and receive a share of my estate. The bequest of furniture to husband Edward ROCHE revoked. The articles of furniture listed in detail and now bequeathed to son Thomas Hanford WENTWORTH. The bequest of £1,000 to husband Edward ROCHE revoked. Empowers executors to investigate the manner in which the different legacies by the Will of William STONE was settled and paid, of which will I was appointed an Executrix and that executors are empowered to correct and adjust if any error appears in the settlement thereof. Witnesses: Thomas MILLIDGE, James HENDRICKS, John J. ROBERTS, Stephen SINNOTT. Petitions of Thomas WENTWORTH praying probate of the estate stated Mary ROCHE left Saint John during November 1833 and lived with petitioner's family at Oswego, New York State; that petitioner's son Thomas H. WENTWORTH informed him that Mary ROCHE died at Oswego on 29 January 1835, and received similar information from his cousin, Joseph W. INGRAHAM, Boston.
RS number71


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