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A Collection of Newfoundland Wills
James Cole


Will of James Cole
from Newfoundland will books volume 1 pages 280 & 281 probate year 1838

In re
     James Cole       deceased.

In the name of God Amen. I James Cole of Brigus in Conception Bay in the Island of Newfoundland Planter being at present weak in body but of sound mind memory and understanding do make this my last will and testament.
First I will and bequeath what money I leave at my decease either in my own possession or in the hands of other parties for the support and maintenance of my wife & children under the superintendence and controul of my brother William Cole of Colliers and the Reverend Denis Mackin whom I do hereby constitute and appoint executors to this my last will.
Secondly, I will and bequeath the dwelling house in which I now reside for the abode of my wife and children until my youngest son "Henry" becomes twenty one years of age when he is to be put into full and sole possession thereof and should my said son Henry not survive or attain to the age of twenty one then the said dwelling house shall become the property of my son James and should he not attain to the age of twenty one then to the surviving brother or brothers of said James & Henry and should their be in such case more than one of them surviving and not agreeing as to which of them shall possess the house they shall decide it by lot, the party to whose lot the house may fall to pay the other party for his half such a sum as may be deemed its value by my executors aforesaid should they be alive and residing where their opinions can be obtained or in default thereof by two competent judges to be agreed to between the parties. Now the condition of either of my sons aforesaid being put in possession of my said dwelling house as their own property for ever is that my wife as long as she remains a widow and my daughter Sarah as long as she remains unmarried have at all times a right of abode therein & that they be both supported should they require it and remain as aforesaid by whichever of my said sons may survive and come into possession of my said dwelling house.
Thirdly It is my last will and testament that all the land attached to the dwelling house to the westward of the Newfoundland School House by the Pond side be considered as belonging to the dwelling house and go with it as part and parcel thereof.
Fourthly It is my last will and testament that all the remainder of my landed property in Brigus or elsewhere shall be equitably as equally as possible be divided by lot between my other four children or the survivors of them as they become of age, but that until that time the whole of my property remain undivided for their joint benefit under the superintendence of my executors as aforesaid.
Signed sealed & delivered at Brigus this seventh day of November in the year of our Lord eighteen hundred & thirty seven the words "and the cellar of the road side shall" being first revoked by testator and erased and this document being first fully explained and read over. James his X mark & seal Cole (LS) In presence of us   Rob. Brown.   Denis Mackin.

Certified Correct,
D. M. Browning



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 (March 12, 2003)

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