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A Collection of Newfoundland Wills (C)
Thomas Cantwell

Disclaimer: The wills for volumes 1 and 2 are not made from the original will books, but rather from a set of books written up from the originals about 100 years later. The 1846 hand written will book that we are putting up along with the wills from the volume 1 will book, is not the original will book. It was made, probably within a decade of the death of the testators, but it is not an exact replication from the original will book.

 

Will of Thomas Cantwell
from Newfoundland will books volume 1 pages 547 & 548 probate year 1848

In re
      Thomas Cantwell      deceased.

In the name of God Amen, I Thomas Cantwell of Saint John's in the Island of Newfoundland being sickly but of perfect sound and disposing mind and memory thanks be given unto God therefore calling to mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this to be my last will and testament in manner following that is to say, first and principally of all I give and recommend my soul into the hands of Almighty God that gave it and the interrment of my body I leave to the discretion of my executors and as touching such worldly estate as it has pleased God to bless me with in this life I give and bequeath and dispose of the same in the following manner and form,
I give and bequeath to my son James the dwelling house I now live in opposite the Ordnance Yard, and all the household furniture therein with the exception of two feather beds and bedsteads, also the field in my possession situate on the west side of the road leading to Kings Bridge adjoining James Clift's premises, also the sum of two hundred pounds sterling now in the hands of the Colonial Treasurer.
I give and bequeath to my son John the sum of two hundred pounds sterling now in the hands of the Colonial Treasurer, also the further sum of one hundred pounds sterling, or say a moiety or one half of the two hundred pounds sterling deposited by me in his name in the hands of the Colonial Treasurer (the remaining moiety or sum of one hundred pounds I bequeath to my youngest daughter called Mary.)
I give and bequeath to my eldest daughter Ellen the sum of two hundred and thirty nine pounds sterling being the principal and interest of monies deposited by me in her name in the hands of the Colonial Treasurer, also the further sum of fifty pounds sterling now in my possession.
I give and bequeath by even and equal shares to my daughters Ellen and Mary all my right title and interest, rents issues and profits of the house adjoining to my dwelling and now in the occupancy of Walter McPherson.
I give and bequeath the sum of two pounds each to the Revd John Forristal, the Revd Edwd Troy, and the Revd Edward Condon, also the sum of five pounds currency for the Cathedral.
If it shall so happen that any of my children shall die leaving no lawful issue the portion now bequeathed to him or her so deceased shall be equally divided and paid over to my other children hereinbefore named.
I also desire and request that my funeral expenses and any other lawful debts now due or that may be due of me at the time of my death shall be paid as soon as possible after my interrment.
And I hereby nominate and appoint the Revd Edward Condon my son James and Henry Devereux executors to this my last will and testament hereby declaring null and void all other wills legacies and bequests by me heretofore made ratifying this and no other to be my last will and testament.

In witness whereof I the said Thomas Cantwell have hereunto set my hand and seal at St John's aforesaid this twenty sixth day of March Anno Domini eighteen hundred and forty six. Thos Cantwell (LS)
Signed sealed published and declared by the said testator who in our presence and in the presence of each other have hereunto subscribed our names. John Forristal.   Hy. Devereux.   Edward Murphy.

Certified correct
D.M. Browning
Registrar


Will of Thomas Cantwell from Newfoundland will book labeled, "REGISTRY OF WILLS 1846," pages 145 to 147 probate year 1848.

In the name of God ! Amen. I Thomas Cantwell of Saint Johns in the Island of Newfoundland being sickly but of perfect sound and disposing mind and memory thanks be given unto God ~ therefore calling to mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this to be my last Will and Testament in manner following - that is to say ~ First and Principally of all I give and recommend my soul into the hands of Almighty God, that gave it and the interment of my body I leave to the discretion of my executors and as touching such worldly estate wherewith it has pleased God to bless me with in this life I give and bequeath and dispose of the same in the following manner and form -
I give and bequeath to my son James the dwelling house I now live in opposite the Ordnance Yard, and all the household furniture therein with the exception of two feather beds and bedsteads, also the field in my possession situate on the west of the road leading to Kings Bridge adjoining James Clift's premises, also the sum of two hundred pounds sterling now in the hands of the Colonial Treasurer. ~
I give and bequeath to my son John the sum of two hundred pounds sterling now in the hands of the Colonial Treasurer, and also the further sum of one hundred pounds sterling, or say a moiety or one half of the two hundred pounds sterling deposited by me in his name in the hands of the Colonial Treasurer (the remaining moiety of one hundred pounds I bequeath to my youngest daughter, called Mary. ~
I give and bequeath to my eldest daughter, called Ellen, the sum of two hundred and thirty nine pounds sterling being the principal and interest of monies deposited by me in her name in the hands of the Colonial Treasurer, also the further sum of fifty pounds sterling now in my possession. ~
I give and bequeath by even and equal shares to my daughters Ellen and Mary all my right title and interest, rents issues and profits of the house adjoining to my dwelling and now in the occupancy of Walter McPherson.
I give and bequeath the sum of two pounds each to the Revd John Forristal, the Revd Edward Troy, and the Revd Edward Condon, also the sum of five pounds currency for the Cathedral. ~
If it should so happen that any of my children shall die leaving no lawful issue the portion now bequeathed to him or her so deceased shall be equally divided and paid over to my other children hereinbefore named.
I also desire and request that my funeral expenses, and any other lawful debts now due or that may be due of me at the time of my death shall be paid as soon as possible after my interment.
And I hereby nominate and appoint the Revd Edward Condon my son James and Henry Devereux executors to this my last will and testament hereby declaring null and void all other wills legacies and bequests by me heretofore made ratifying this and no other to be my last will and testament.

In witness whereof I the said Thomas Cantwell have hereunto set my hand and seal at Saint Johns aforesaid, this twenty sixth day of March Anno Domini eighteen hundred and forty six. Thomas Cantwell (LS)

Signed sealed published and declared by the said testator, who in our presence and in the presence of each other have hereunto subscribed our names. - John Forristal. -   Henry Devereux. -   Edward Murphy. -

In the Supreme Court -
Henry Devereux of Saint Johns aforesaid Notary Public a subscribing witness to the execution of the within will maketh oath and saith that he was present and did see Thomas Cantwell, the Testator within named duly sign and publish and declare the same as and for his last will and testament in the presence as well of this Deponent as of John Forrestal and Edward Murphy the other subscribing witnesses thereto. And this Deponent further saith that he the said Testator was at the time of its publishing of sound and disposing mind memory and understanding to the best of Deponents Judgement and belief. Hy. Devereux

Sworn before me at St Johns this 9th day of June 1848. Geo. Anderson. Com. of Affts.

 

 

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 (October 10, 2002)

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