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Will of John Archer
This is the last will and testament of me John Archer of Harbor Grace. In the first place I desire that my just debts, funeral and testamentary expenses be paid out of my estate-
Secondly, I give devise and bequeath all my furniture and personal property to my wife Jane Archer for ever and all my real property and estate of which I may die possessed to the said Jane Archer for and during the term of her natural life and after the decease of my said wife I give devise and bequeath the western part of my house and premises which are now occupied by me and George Nicholas from the front field to the back field to Susan Nicholas wife of the said George Nicholas and after her decease to her son William Nicholas his heirs and assigns for ever but if the said William Nicholas should die before he attains the age of twenty one years or without leaving lawful issue then I give devise and bequeath the same to the heirs of the said William Nicholas and I give devise and bequeath the eastern part of my said house and premises now occupied by Ebenezer Pike and the eastern cellar and garden occupied by me to my son John Archer his heirs and assigns for ever.
Thirdly After the decease of my said wife I give devise and bequeath the western part of the house garden and premises now occupied by Mark Moore to my daughter Jane Archer her heirs and assigns for ever and the eastern part thereof now occupied by Thomas Kellegrew to my daughter Fanny Archer her heirs and assigns for ever-
Fourthly, After the decease of my said wife I will and desire that the passage ways leading from the front street through my premises shall be held and enjoyed by my legatees and their heirs for their use and benefit in the occupation of any property to which they may be entitled under this my will-
Fifthly, After the decease of my said wife I give devise and bequeath to my said son and daughter their heirs and assigns my front and back fields and waterside premises (except such of them as I may dispose of or sell hereafter) and all my other property of which I may die possessed to be divided amongst them share and share alike by my executors and I do declare that any division of the same that may be so made by my said executors shall be binding and obligatory upon my said children and their heirs-
Sixthly- Should any of my said children die without leaving a wife or husband or lawful issue or should any or either of them abjure the Protestant religion or become Roman Catholics then I give devise and bequeath his, her or their share of my said property and estate to the other or others of them their heirs and assigns for ever.
Seventhly- I hereby nominate and appoint Mr. Robert S. Munn and Mr. William Munden Parsons to be executors of this my last will and testament- In witness whereof I have set and subscribed my name to this my said last will and testament this twenty seventh day of April A.D. eighteen hundred and sixty seven.
John his X mark Archer. Signed sealed published and declared by the said John Archer as and for his last will and testament in presence of us who in his presence and in the presence of each other have hereunto subscribed the same as witnesses to the due execution hereof- the same having been previously read over and explained to the said John Archer- John Hayward, Thomas Kellegrew-
Note: The wills in those will books are NOT actual wills. They are either hand-written copies or in later years typed copies of a, "last will and testament," written or typed by the court clerk, after the death of the testator, when the executor presented them to the court for probate. The court clerk didn't list the signatures at the bottom, he (or she) just put them in the book in whatever order they were in, on the original document, no spacing most of the time, no punctuation. The originals were kept by the executor.
We who have typed these wills, have made every effort to include all the errors that were on the microfilm, in order to avoid destroying the integrity of the originals, where ever they may be.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013 AST)
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