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Will of Thomas Birkett
In the name of God Amen. I Thomas Birkett of Harbor Briton in the Southern District of the Island of Newfoundland Sub-Collector of Her Majesty’s Customs at present of Saint John’s in the Island aforesaid do make publish and declare this to be my last will and testament viz- First I direct that all my just debts funeral and testamentary expenses be duly paid and satisfied by my executors hereinafter named as soon as conveniently may be after my decease- Secondly- I give devise and bequeath all and every my household furniture, linen, wearing apparel, books, plate, pictures, china, jewellery and every other moveable article about my house or about any part of my premises unto my executors hereinafter named (except my Diamond ring) to my wife Tryphena Maria, my silver or Gold Watch to my son John Hooper Birkett and any bed or bedding either to wife or my son may require) In trust to realize the same and invest the proceeds thereof, with whatever other moneys I may have due me from parties as per list annexed also a mortgage on the property of Messrs. Hubert Gaden & Co. Harbor Briton known as Sandy Point for $400 (Four hundred dollars) Indenture dated 1st April 1866 with 6 per cent interest for one year, also a mortgage on the property of Richard Marshall Burin for $400 (Four hundred dollars) Indenture dated 29th August 1866 with 7 per cent interest payable from that date, by 2 instalments half yearly of $14 (Fourteen dollars) each 1st Sept. and 1st March in each year in good and substantial security and pay over the interest arising thereon unto my wife Tryphena Maria Birkett during the term of her natural life, or so long as she remains unmarried, And in case of the death of my said wife Tryphena Maria Birkett, or in case of the marriage of my said wife Tryphena Maria Birkett, then and either of such cases all the property or the proceeds thereof as aforesaid, I hereby devise and bequeath unto my son John Hooper Birkett the said money to be invested by my executors as aforesaid until my youngest child shall attain the age of twenty one years, and the interest to be applied for and towards the support and maintenance of my wife Tryphena Maria Birkett and the clothing and education of my son John Hooper Birkett. The fifty pounds value medicines and provisions due me advanced to Doctor Haddock of Fortune my son-in-law I bequeath that amount to my daughter Amelia Ormstone Mulholland Haddock his wife- I hereby nominate and appoint Thomas R. Smith of the firm of Charles Fox Bennett & Co. Merchants Saint John’s, and William J. Gallop Agent for Messrs. Newman & Co. Harbor Briton executors of this my last will and testament annulling all former wills by me made- In witness whereof I have hereunto my hand and seal subscribed and set at Harbor Briton aforesaid this first day of May Anno Domini one thousand eight hundred and sixty eight-
Thos. Birkett. (LS) Signed sealed published and declared by the said Thomas Birkett as and for his last will and testament in our presence who in his presence and at his request have hereunto subscribed our names as witnesses, Edw. C. Gallop (LS) James Hardy (LS)
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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