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Will of Richard Allen
Last Will and Testament of
In the name of God Amen the ninth day of April one thousand eight hundred and sixty two. I Richard Allen of Flat Rock fisherman being very weak of body but of perfect mind and memory thanks be unto God therefore calling unto mind the mortality of my body knowing that it is appointed unto all men once to die do make and ordain this my last will and Testament that is to say principally and first of all I give and recommend my soul into the hands of almighty God that gave it and my body I recommend to the earth to be buried in decent Christian burial at the discretion of my Executors nothing doubting but at the general resurrection I shall receive the same again by the almighty power of God.
And as touching such worldly estate wherewith it hath pleased God to bless me in this life I give devise and dispose of the same in the following manner and form I give and bequeath to my dearly beloved Grandson Richard Allen all my house and furniture together with all the land I possess in Flatrock with the exception of one garden near the main river of Flatrock and also the rent accruing from a certain farm situated near St. John's on the Portugal Cove road known as Hennessy's farm now occupied by William Walsh and yielding me a net annual rent of three pounds three shillings and four pence currency.
Also I give to my well beloved daughter Mary Allen a garden situated by the main River of Flatrock on condition that she resides in flatrock but should she settle out of Flatrock this garden I also bequeath to my well beloved Grandson Richard Allen. I further order and will that the said Richard Allen shall cause to be said annually for the repose of the soul of his Grandmother Mary Allen and of my soul two masses. I also will and order that the said Richard Allen shall upon my demise support maintain and keep in as comfortable a manner as his means will permit my present wife Mary Allen during her lifetime and at her death to have her decently interred in a Christian burial place in case he should disrespect her or fail in the performance of this condition. I will that she should get possession of all the above named property and keep it for her own use during her lifetime subject to the above condition of having two masses said annually for my soul and for the sole of my late wife Mary Allen and after her death the aforesaid property shall revert to Richard Allen aforesaid. But should either Richard Allen or Mary Allen aforesaid neglect to have the masses said at the proper time my will is that it be sold at public auction and the proceeds together with the annual rent of Hennessy's farm be given to the Roman Catholic parish priest of Torbay for the purpose of having masses said for us, for my soul and the soul of my late wife Mary Allen. I further will and order that the above named property shall not under any circumstances or on any pretense whatever be sold let or mortgaged by the said Richard Allen or his assigns but it shall decend to the next male heir of the name of Allen unencumbered. In witness whereof I have hereunto set my hand and seal the day and year above written (sgd) Richard his X mark Allen (LS) Signed Sealed published pronounced and declared by the said Richard Allen as his last will and Testament in the presence of us the subscribers. (Sgd) Anthony Phelan (LS) (Sgd) William X Allen (LS) (Sgd) Richard his X mark Stamp (LS) I Richard Allen do also agree that my present wife Mary Allen shall receive the aforesaid rent of Hennessy's farm for the term of four years for to pay all debts that may be due of me. - (sgd) Richard his x mark Allen witness James Parsons (Sgd) Richard his x mark Stamp.
Be it known to all men by these presents that I Richard Allen of Flat Rock fisherman have declared my last will and Testament in writing bearing date the ninth day of April one thousand eight hundred and sixty two. I the said Richard Allen by this present codicil do ratify and confirm my said last will and Testament save and except in the following instances that is to say That my present wife Mary Allen shall receive for the first four years after my decease all the rent accruing from Hennessy's farm for the purpose of paying my lawful debts and that at the expiration of that time my beloved daughter Mary Allen shall during her life time receive out of the rent or rents of the aforesaid Hennessy's farm the sum of one pound ten shillings currency annually to be paid her the said Mary Allen by my beloved Grandson Richard Allen annually and every year and that the said Mary Allen my beloved daughter shall cause to be said for the repose of my soul one mass every year. And at the demise of the said Mary Allen this last named sum of Thirty shillings annually shall revert to the aforesaid Richard Allen his heirs executors administrators and assigns and my will and meaning is that this codicil or schedule be adjudged to be a part and parcel of my last will and Testament and that all things therein mentioned and contained be faithfully and truly performed and as fully and amply in every respect as if the same were so declared and set down in my last will and testament - witness my hand this nineteenth day of December one thousand eight hundred and sixty two. (Sgd) Richard his x mark Allen witness (sgd) Anthony Phelan (sgd) Richard his x mark Stamp
I certify the foregoing to be a correct copy of the last will and Testament and Codicil of Richard Allen deceased
(Listed in the margin next to this will the following)
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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