Vol 7 p 328-329

WILL OF WILLIAM McCARTHY - 1784

In the Probate Court of St. Johns Newfoundland

In the name {stamp} of God Amen.

I WILLIAM McCARTHY of YOUGHAL in the County of CORK, Grocer, considering the uncertainty of this mortal life and being of sound and perfect mind and memory blessed be Almighty God for the same, do make and publish this my Last Will and Testament (that is to say) I give and bequeath unto my beloved wife CATHERINE McCARTHY my Worldly Estate and Substance of every kind and nature so that I am now or hereafter may be possessed of and I hereby appoint my said Beloved Wife CATHERINE McCARTHY sole Executrix to this my Last Will and Testament hereto revoking all former Wills by me made and know that I the said WILLIAM McCARTHY have made, ordained, authorized and appointed and by these presents do make, ordain, authorize and appoint my said beloved Wife CATHERINE McCARTHY my true and Lawful Attorney for me and in my name and for my own proper use and Benefit to ask[?] sue for, recover and receive in my name all such sum or sums of debts and demands of every kind and nature soever in all place where they same may be now or hereafter due and owing unto me the said WILLIAM McCARTHY, by and from the several persons so known to me, and to have, use and take all Lawful Ways and Means in my name or otherwise for the recovery thereof, by Attachment, Arrest, Distress or otherwise, and to compound and agree for the same and acquittances or of sufficient discharges for the same, for me and in my name, to make Deliver, and to do all other Lawful Acts and things whatsoever concerning the Premises as fully and in every respect as I myself might or could do we[?] personally present at the doing thereof, Ratifying and confirming and by these presents allowing whatsoever my said Attorney shall in my Name lawfully do [?] to be done in and about the Premises, by virtue of these presents.
In witness whereof I have hereunto set my hand and seal the first day of [April?] in the Year of our Lord one thousand seven hundred and eighty four.
Wm. McCARTHY (LS)

Signed Sealed and Delivered in the presence of
JAMES CORBAN
CHAS. ERWIN

I Acknowledge the within to be my Last Will and Testament. In Presence of the undersigned Witnesses only farther saying after my Dearly Beloved Wife's Death what Property Remaining shall be Divided half to those friends of herself as she may appoint, and the other half to be Divided amongst my Relations as I now will appoint. First I Desire five Pounds worth of [murning?] to PATRICK McCARTHY my brother CHARLES's son as sole share and no more, and to my Brother RICHARD's Daughter, now MARY HEALY and her Heirs one shilling. To PATRICK McCARTHY's son CHARLES Ten Pounds, and [?] may Remain the one half to be my brother RICHARD's son WILLIAM McCARTHY's Property. And the Remainder to be Disposed of as my Wife thinks proper amongst any other of my Relations she may find worthy and deserving.
In Witness Whereof I have hereunto set my hand and Seal this Eighteen Day of November Eighteen Hundred and Eleven.
Wm. McCARTHY (LS)

Signed, Sealed and Delivered in Presence of us
JAMES SINNOT
JOHN BLACK

In the Probate Court of Newfoundland. St. Johns to wit.

You shall swear that you believe the within Instrument of writing which hereunto annexed, signed "Wm. McCarthy" to be the last Will and Testament of your late Husband William McCarthy, Deceased. And that you will pay all the debts and legacies of the said Deceased, so far as his Goods will extend and the law shall bind you. And that you will exhibit a true full and perfect inventory of all and singular the Goods, Rights and Credits of the said deceased. Together with a just and true account unto the Registry of the Probate Court St. John's aforesaid, when you shall be lawfully called thereto.

Sworn at St. Johns aforesaid this 4^th day of April 1817
Before JAMES BLAIKIE, JP, Surrogate of the Probate Court
CATHERINE McCARTY