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Will of John Cantwell
Last Will and Testament of John Cantwell late of Tizzards Harbor, fisherman deceased.
This is the last will and Testament of me John Cantwell of Tizzards Harbor in the District of Twillingate Newfoundland, Planter. First, I give devise and bequeath after all my just debts and funeral expenses are paid out of whatever Cash or monies I may have at my decease to my sons Edward Cantwell and Nicholas(?) Cantwell my schooner or vessel called the "Hibernia" boats, cod traps, caplin seine, nets all fishing gear and other outfit of every description for the fishery in equal shares so long as they remain and work together but should they at any time separate then the above property to be divided as follow as. Two thirds for my son Edward Cantwell and one third for my son Nicholas-
Secondly, I give devise and bequeath my Fishing room, gardens and buildings thereon situate at Tizzards Harbor in the district of Twillingate as follows, to my son Edward Cantwell three fourths of the said property reverting to me, besides or independent of his share given to him by me, by a Deed of Trust. And to my son Nicholas Cantwell one fourth of the said part of the property reverting to me- besides or independent of his share given to him by one by a Deed of Trust. That side of the land on which my Dwelling House stands to be my son Edwards portion. My dwelling house in which I now reside. I give and bequeath to my son Edward. I give and bequeath the shop to my son Nicholas, the ? on the opposite side of the road for a Dwelling house for himself, the office to be ? and put in place at the shop. The Wharf, flakes, stage and by store to be for the use of my said two sons together in Common but should they separate the Flake on the Western side Ansty store and Garden to be for my Son Nicholas' own use and benefit.
Thirdly, I give devise and bequeath to my son Nicholas Cantwell for his own use and benefit the following land Viz a meadow adjoining John (Howard ?/Amand?) and James Lock's (?) land. A meadow adjoining George (Burt/Bush?) and James Osmonds land. A potato garden adjoining Joseph Osmond and Andrew Locks land. and the small garden near Robert Boyd's land all situate in Tizzards Harbor. I give, devise and bequeath to my son Edward Cantwell all those pieces of land and gardens situate in Tizzards Harbor and commencing on the Eastern side of the road leading to Beachy Cove near Abraham Boyds land and extending towards (French? Gulsh?)
Fourthly, I give devise and bequeath the furniture of my dwelling house to my two sons Edward and Nicholas Cantwell as follows, The Sofa and Round table in the parlor I give to my son Edward for his own absolute use and benefit . All other furniture and kitchen utensils of whatever kind I give and bequeath to my said two sons in equal shares for their own use and benefit-
Fifthly, I give devise and bequeath to my two sons Edward and Nicholas Cantwell in equal shares my House and (boat or bark) for their own use and benefit and whatever chattel as may be in my possession at my decease- in equal shares for their sole use.
Sixthly- I give devise and bequeath to my daughter Mary Ann Cantwell wife of Denis O'Neil of Bay de Verde in Newfoundland. my land and premises situate on Western point, Black Island, Friday's Bay, formerly the property of John (Weir?) for her own absolute use and benefit. And I give and devise to the children of my late daughter Lavinia Cantwell wife of Patrick Hogan of St. John's my land and premises situate at Black Island, Friday's Bay formerly the property of George Sampson and sons for their absolute use and benefit.
Seventhly-I give devise and bequeath all or any monies i may have left at my decease to my sons Edward Cantwell & Nicholas Cantwell and Mary Ann Cantwell wife of Denis O'Neil in equal shares for their own absolute use and benefit And it is my Will that if any disagreement and should arise with respect of the division of my property- bequeathed by me, that the same shares be settled by arbitration at the discretion of my Executors. It is further my wish to remain in my house while I live and live with my son Edward and that should there be no money left at my decease that my two sons Edward and Nicholas Cantwell shall pay for my funeral expenses in equal shares.
Eightly- And I appoint Thomas Peyton deputy sheriff Obadiah H. Manuel Sail Maker, of Twillingate and Robert Boyd of Tizzards Harbor to be executors of this my last will and Testament and revoke all previous Wills by me at anytime heretofore made. In witness whereof I hereunto set my hand at Tizzards Harbor in the District of Twillingate this 14th day of September A.D. 1886. the said first having him read over and explain to me the Testator.
signed by the said John Cantwell the testator, he affixes his mark thereto having declared the said Will to have been duly read over and explained to him, in my presence whom in his presence and in the presence of each other at the same time subscribed our names as witnesses. George Horwood planter Joseph Osmond planter
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 Joanne Connors Parandjuk
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013 AST)
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