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Will of Myles F. Burke
In the name of God Amen I Myles F. Burke of Joe Bats Arm in the Northern District of the Island of Newfoundland Planter being through the will and goodness of Almighty God sick of body but of good sound mind and memory do make publish and declare this my last will and testament, cancelling and annulling and revoking any other will or testament hitherto made by me.
First. I recommend my soul to God who gave it and my body to the earth to be buried in a decent Christian manner-
Second. With respect to my worldly estate I give bequeath and dispose of it in the following manner after all my just and lawful debts are paid and discharged that is to say-
Third, I give and bequeath to my dearly beloved wife Margaret Burke, the money now deposited in the Union Bank of Newfoundland in the name of my son Patrick for her use and benefit and that of my two dearly beloved children Honora and Thomas Francis Burke as long as she lives or they live and continue to be their guardian as she have ever been. I also bequeath to her and my aforesaid two children Honora and Thomas Francis Burke, all moneys arising from my property situated in St. John’s which moneys are to be deposited in the aforesaid Union Bank for their use and benefit to be drawn by her from time to time as their guardian should they really need to do so. In the event of my wife’s death or one of those children, the survivor or survivors is to have the whole amount. I also give and bequeath to my dearly beloved wife Margaret Burke my dwelling house and its appendages during her life to rule as she ever did, and to be decently supported by my sons from the property which I at present possess.
Fourth. I give and bequeath to my dearly beloved sons namely Michael Burke, Patrick Burke, William Burke and Harold Burke the fishing room I now occupy with all the property I possess to be jointly used by them or in the event of a separation to be equally divided between them.
Fifth. As regards the schooner “Starlight” registered in my name, and at present in my possession, it is my wish and will she should be equally shared and used by my last named sons in 4th section the balance due Robert Scott my creditor to be arranged by them in the most just and satisfactory way it can be done.
Sixth, I hereby nominate and appoint James Fitzgerald Esqr Stip. M. Fogo, and William Greene Tilton Harbour to be my executors. In witness whereof I have hereunto set my hand and seal at Joe Bats Arm this 17th day of March one thousand eight hundred and eighty. Myles F. Burke (LS) Signed sealed published and declared by the said Myles F. Burke (after having been first read over) as his last will and testament in the presence of us, and in the presence of each other who have hereunto subscribed our names as witnesses thereto, Witness James Rolls, William Greene.
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 and also no paragraphs. 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. However, in some of the very long wills, we have tried to insert paragraphs to make it easier for the researcher to read the document.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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