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Will of Stephen Cleary
In the name of God Amen. The last will and testament of Stephen Cleary of Logy Bay in the District of the Island of Newfoundland, Farmer, and Fisherman, made this twenty eight day of July in the year of our Lord one thousand eight hundred and sixty one. I Stephen Cleary of Logy Bay being very sick and indisposed in bodily health but in a sound and perfect state of mind and mind and memory do hereby make this my last will and testament and dispose of my worldly substance whilst I have power and capacity to do so. First I do will and bequeath unto my beloved wife Hanna all my worldly substance after my decease consisting of my dwelling house household furniture one horse cart car catamaran &c. &c. together with my farm situate in Logy Bay aforesaid all the above do I will unto my wife Hanna- To have and to Hold after my diseiase and to enjoy during the full time and term of her natural life to be mistress and manager as she now is without any hindrance, annoyance or molestation from any of her children, but no power to let or sell the house Secondly, I do will and bequeath that after the death of my wife Hanna all the above dwelling house household furniture one horse cars carts &c &c and all my farm situate in Logy Bay aforesaid all the above shall become the property of my only son Michael Cleary to have and to hold and enjoy and his heirs for ever providing that he my son Michael shall pay unto his sister my daughter Mary the sum of ten pounds currency out of the abovementioned property at any time she my daughter Mary shall think proper to leave her mother or her house and he my son Michael is hereby bound to fulfil the same under the penalty of a seizure for the said sum of ten pounds- And that is all In witness whereof I do hereby sign my name and signature & publish and declare this to be my last will and testament in the presence of the undersigned witnesses the day and year above written- July 25th 1861. Stephen his X mark Cleary. Signed, published and declared in presence of us who in the presence of each other and at his request do hereby subscribed our names and signature the day and year above written. John Hand. John Prise.
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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