Last Will and Testament of Burnard F. Newport

1836 - 1898

Transcribed and contributed by Jim Steers

My Last Will and Testament In the name of God amen. I Burnard F. Newport of the County of Solono and State of California of the age of fifty seven years and being of sound and disposing mind and memory and not acting duress menace proud(?) or under e influence of any person whatsoever do make public and declair this my last-will and Testament in a manner following that is to say First I direct that my body shall be decently burried after decay has set in. With proper regard to my station in life would prefer to rest in a vault if my sircumstances will permit of it at that time and not cause distress to my famley.

2nd I desire that my Executar hereafter named as soon as she shall have sufficent funds from my personal estate in her hands shall pay my funeral exspences the exspences of my last sickness and all my just debts and Liabilities.

3rd I sign and bequeath to my Brother DN Newport of Seneca Illinois all not paid of a sertain note and Morgage of three hundred and eighty Dollars in his home and lot in that city and direct my Consell and release Said Morgage.

Forthly I give and bequeath to my sister Mary E Newport if She is still living at my Death three hundred dollars to be paid to her in yearly installments of fifty Dollars each year for six years providing at my death I shall possess five thousand worth of property clear of incumbrance not including my home Ranch here I now live on of 43 26/100 acres north of Vacaville Solono Co California.

Fifly I direct that out of my personal estate and if that is not sufficient out of My realestate then be paid to my daughter Willo M Newport and Bertie F Newport and my son Howard Almo Newport Lulu Rachael Newport my daughter and my now youngest son Burnard F Newport and any other children that May yet be born to us before my death when they come of age the Sum of Fifteen hundred Dollars (1500)00 each that my executar shall Loan said amount out in trust for My Daughters Willow M Newport Bertie F Newport & Lulu Rachael Newport and my sons Howard Almo and Burnard F Newport and any other Sons or Daughters that may be born as before said and that until they become of age my wife Lucy Newport shall enjoy the income of said sum which I direct shall be loaned out on realestate first morgage security ot least double its Value.

Sixly I give and bequeath to my Wife Lucy Newport for the term of her natural life Provided however that she does not marry again Lot No 8 Eight of the Pierce Tract about three forths of a mile from Vacaville Solo County California nearly north consisting of 39 26/100 acres (thirty nine 26/100 acres) and two acres on the adjoining lot purchased of Balls situated in Solono County California and after her death to be divided among my children Willo M Newport Bertie F Newport Howard Almo Newport and Lulu Rachael Newport and Burnard F Newport and any that may be born to us. And I wish also that my daughter Ada Orene Newport after the above said children have got fifteen hundred dollars each out of said property then she shall share and share alike with the above said children as my daughter Ada Orene Newport has had been given fifteen by me fifteen hundred dollars when she became of age. If my wife Lucy Newport shall Mary again then her life estate in said Lot (8) Eight in Pierce tract shall sease and determine and said lot (8) in Pierce tract shall be sold and proseeds divided equally between my above said children as stipulated above and My Wife Lucy Newport shall share & share alike with her own children and untill the above said children which are under age shall become of age there share of said Lot (8) Eight in Pierce track shall be loaned out on realestate untill they become of age not to exceed in half its value and first morgage.

Seventhly I have given hertofore to my son Archie V Newport and Percy C Newport the Sum of fourteen hundred and fifty Dollars and have provided herein for my other children Willo M Newport Birtie F Newport Howard Almo Newport Lulu Rachael Newport and Burnard F Newport and any other that may be born to us and paid Ada Orene Newport the sum of fifteen hundred dollars.

Eightly I give & Bequeath to my wife Lucy Newport all my notes morgages not other wise disposed of herein and of which I may be possessed of at the time of my death together with all the rest residence and remainder of My personal !
estate goods and chatles of whatsoever kind by me at the time of my death.

Ninthly I direct within two years after my desease if it can be done within that time without loss or sacrifise that my executar shall sell all my realestate not other wise dispersed of herin and now Consisting of Lot 5 five of the long tract so called Consisting of 20 47/100 acres situated in Vacavalley Solo Co California and more formally described as that portion of the Los Pritas rancho known as the long tract diagrammed as lot 5 five and that on map by Ives B Healy in 1882 and filed for record in the office of County recorder of Solono Co California and also my interest in 320 acres in Lincoln Co Nebrask and 160 acres in Hudmon Co Kansas also two lots and buildings these are situated on City of Vacaville Solono Co California on North side of Main Street. And the money derived from the sale of the above realestate I direct shall be divided among my children as follows Archie V Newport and Percy C Newport shall have and receive as there share of my estate entire the Sum of fifty dollars each and Willo M Newport Bertie F Newport Howard Almo Newport & Lulu Rachael Newport Burnard F Newport and any other children that may be born to us and my Wife Lucy Newport shall share and share alike.

And I further direct that the shares of each minor child shall be safely and securely invested by first morgage on realestate not to exceed one half its value and the principal and interest be paid to them each on there coming of age.

Lastly I hereby appoint My Wife Lucy Newport the executar of this my last will and testament to act without Bonds. Executes this my last will and Testament.

And I herby revoke all former Wills made by me. In Witness Whereoff I have herento Set My hand and Seal this the fourteenth March one thousand eight hundred and Ninty four 1894.
Burnard F Newport (signature)

The foregoing instrument Consisting of four pages besides this was at the date heroff by the Said Burnard F Newport Signed and Sealed and Published as an declaration to be his last Will and Testament in present of us who at his request and in his presence and in the presence of each other have Subscribed our Names as Witnesses thereunto.

GW Crystal (signature)

WE Slumbaugh (signature)

Addendum - As it turned out, Burnard's Last Will and Testament was not executed exactly as wished. On 14 May 1895, after the above will, Leonard W Newport was born in Vacaville and then on the first of Oct., 1896 Isabella was born at the Vacaville ranch. Their final child was Thomas Lee Newport born on 20 March 1898. Thomas' birth was 'difficult' for his mother Lucy and from complications, she passed away 8 days later. Burnard Senior at the age of 62 then succumbed himself on the sixth of April. Lucy's mother Catherine Mary Dalton Porter had travelled from Oakland, California to help with the birthing situation. She passed away at the age of 73 on the 13th of April, 1898 at the Vacaville ranch from "nervous prostration". The now 8 minor children, aged about 0 to 11 were on there own, so to speak. Burnard had become an active member of the International Order of Odd Fellows; and they took over. A 'Children's Home' had been constructed in Gilroy (near San Jose), California in 1897 and was run by the Rebekah's of the I.O.O.F. The home had the room, Burnard had left the money to support them, so the headmistress took over as executrix of the will and keeper of the children. They stayed in the home until they reached majority, 16, and were then on their own. While there, they received a $10/month allowance and, it seems, an extra $20 dollar Christmas present. The children, then adults, mostly lived their lives around the San Francisco Bay Area. Burnard, Lucy, Willo, Lulu, Burnard Jr., Leonard, and Isabella were interred in the Vacaville-Elmira Cemetery, in the old I.O.O.F. Cemetery section, Lot # C-7, the Newport family plot.

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Burnard Franklin Newport died 6 April 1898 and his wife Lucy Porter Newport died 28 March 1898 – both of them Vacaville, Solano Co., California. Their children Willow Marie, Alberta Frances, Howard A., Lulu Rachael, Burnard Franklin, Leonard Walter, Isabella and Thomas Lee show up in the 1900 Federal Census of Gilroy, CA.

This is a partial census record showing the Newport children in 1900 at the I.O.O.F. Orphan’s Home, Gilroy City, Gilroy Twp., Santa Clara Co., California.

31. Newport Willo* M      Inmate    W F  June 1886 13 S        Cal  Virg Ire          at school

32. Newport Birtie*       Inmate    W F  Oct  1888 11 S        Cal  Virg Ire          at school

33. Newport Adam H.       Inmate    W M  Feb  1890 10 S        Cal  Virg Ire          at school

34. Newport Rachel L.     Inmate    W F  July 1890  9 S        Cal  Virg Ire          at school

35. Newport Franlin* B    Inmate    W M  Oct  1895  6 S        Cal  Virg Ire          at school

36. Newport Lenard W.     Inmate    W M  May  1895  5 S        Cal  Virg Ire          at school

37. Newport Isabella      Inmate    W F  Oct  1895  4 S        Cal  Virg Ire          at school

38. Newport Thomas L.     Inmate    W M  Mar  1897  2 S        Cal  Virg Ire          at school

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