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Will of James Cole
This is the last will and testament of me James Cole of Saint John’s Farmer I devise and bequeath the whole of my property and estate real and personal to my dear wife Ellen to have and to hold the farm and live stock and household furniture effects and all other personal property for her own use benefit and support Also to have and to hold the rents issues produce and profits arising out of my landed and real property for her support and maintenance during her life. Upon her death I bequeath the whole of my real and landed property to my two daughters Bridget and Kate to be equally divided between them and for the sole separate and absolute use and benefit of each. I desire that this bequest to my said daughters shall be a vested legacy to each to take effect upon my death. I appoint my said wife sole executrix of this my last will. Dated at St. John’s this 18th day of June A.D. 1880. James his X mark Cole. Signed published and delivered by the said testator as and for his last will (having first been read over and explained) in the presence of J.S. Winter. M.G. Winter.
This Codicil to my last will made on the 18th day of June A.D. 1880. With respect to the bequest in the said will to my said daughter Kate I desire that the said bequest to her shall be for her life only. Upon her death I desire that in the event of her leaving issue her surviving such issue shall take the share or portion bequeathed to her equally among them. In the event of her leaving no issue her surviving I desire that the share or portion so bequeathed to her shall go to my said daughter Bridget if living but if she should not then be living then to my next of kin according to the law of distribution in case of an intestate estate. In all other respects I confirm my said will. Dated at St. John’s this 20th day of July A.D. 1880. James his X mark Cole. Witnesses (having first been read over and explained H.S. Winter, W.H. Horwood.
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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