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Will of Francis Ash
In the name of God Amen. I Francis Ash of Carbonear in the Island of Newfoundland Planter and landowner being of sound and perfect mind and memory and being desirous that no disputes may arise touching the disposal of whatever property goods and chattels I may be possessed of at the time of my death do make and ordain this my last will and testament that is to say First I give and bequeath all my estate personal and real consisting of houses lands cattle and articles suitable for the fisheries equally to my three sons Robert Ash, Edward Ash and Nicholas to be by them held occupied and enjoyed and their heirs for ever and never to be sold mortgaged or taken for debt except among and between themselves and their heirs lawfully begotten the equality to be in the actual value and income of the said estate and effects
Also I give and bequeath to my beloved wife and my son Francis Ash during each of their natural lives and my daughter Agnes Ash till she becomes twenty years of age and no longer so much of the rents profits and income of my estate and effects as will afford them comfortable support and at the death of my said wife Jane Ash and my son Francis Ash and the said majority of Agnes Ash my said three sons Robert, Edward and Nicholas and their heirs forever shall equally and mutually share the labour and expenses and enjoy the income and profits of my personal and real estate Also I constitute make and ordain Robert Taylor son of John Taylor and Joshua Ash son of Nicholas the executors of this my last will and testament And I do hereby utterly disallow revoke and disannul all and every other former testament wills legacies and bequests by me in any wise before willed and bequeathed ratifying and confirming this and no other to be my last will and testament In witness whereof I have hereunto set my hand and seal this twenty ninth day of May in the year of our Lord one thousand eight hundred and fifty eight.
Francis his X mark Ash (LS) Signed sealed published and pronounced by the said Francis Ash as his last will and testament in presence of us who in his presence and in the presence of each other have hereunto subscribed our names as witnesses, William Ash, William Taylor.
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)
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