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A Collection of Newfoundland Wills
Michael Burke


Will of Michael Burke
from Newfoundland will books volume 1 pages 462 & 463 probate year 1845

In re
      Michael Burke       deceased.

In the name of God Amen, I Michael Burke of Tilton Harbour on the Island of Fogo being sick of body but of perfect mind & memory do make and ordain this my last will and testament (cancelling annulling and revoking any will or testament hitherto made by me) in presence of James Fitzgerald and Michl Green my two sons in law whom I also appoint to be my executors.
First I give and bequeath my soul into the hands of the Almighty who gave it and my body to the earth to be buried after a decent Christian manner,
Second I give and bequeath unto my affectionate and loving wife, Honoria Burke, my house furniture & cattle to be under her controul and management during her life, and at her demise the house to become the property of my son John. I also give and bequeath unto my affectionate wife and daughter Ellen Burke the sum of three hundred and sixty six pounds sterling (now in the hands of Wm. Cox & Co. of Poole) to be divided equally between them together with the interest thereon as long as it will remain in the hands of Wm. Cox & Co.
Third, I give and bequeath unto my loving son, John Burke, all my property at Tilton Harbour consisting of the schooner "Paller" boat "Madonna" stores, stage & flakes and all the nets, craft and gardens belonging to the Room also the dwelling house after the death of my loving wife.
Fourth, I give and bequeath unto my loving son Michael Burke the sum of three hundred and forty two pounds sterling, two hundred pounds of which he has already been paid, the remaining one hundred and forty two pounds now lies in trust in the hands of Lord Huntingdon in Ireland.
Fifth, I give and bequeath unto my loving son Myles Burke my fishing room at Cape Fogo together with all the nets and craft belonging to it also one large fishing boat & materials and one cod seine.
Sixth, I will and ordain that the schooner "Daniel O'Connell" shall be sold to pay any debts that may be due of me at my death, and if the amount received for her should exceed the debts I may owe the remaining balance is to be given to my two loving sons Wm. & Patk Burke, two thirds to Wm. Burke and one third to Patk Burke and if on the contrary that my debts should exceed the amount of said schooner D'l O'Connell the balance is to be paid by my loving sons John, Michael and Myles Burke each a part in proportion to the value of the property I have bequeathed to each of them,
Seventh I give and bequeath unto my loving son Wm. Burke the fishing room he now occupys without any hindrance or encroachment whatever.
Eight I will and ordain that my beloved wife and daughter shall receive their support in the house from my loving son John Burke while they wish to remain with him.
Ninth, I now will and ordain this to be my last will and testament cancelling any former one that may have been made.
In witness whereof I have hereunto set my hand and seal this thirtieth day of November one thousand eight hundred & forty one. Michael his x mark Burke (LS) Witness, James Fitzgerald,     Michl Greene.

Certified Correct,
D. M. Browning



Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written 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 and Ivy F. Benoit

Page Revised by Ivy F. Benoit (April 16, 2003)

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