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A Collection of Newfoundland Wills (C)
Thomas Cole


Will of Thomas Cole
from Newfoundland will books volume 1 pages 400 & 401 probate year 1842

In re
     Thomas Cole       deceased.

In the name of God Amen, I Thomas Cole of Bird Island Cove in the Island of Newfoundland Fisherman being well advanced in years and calling to mind the mortality of my body do make and ordain this my last will and testament touching and concerning such worldly estate as it hath pleased God to bless me with and which I give devise and dispose of at and after my death in the following manner and form.
First Concerning five hundred pounds or thereby which I have invested in the public funds I will and direct that it continue so invested during the life of my wife Susan and that she enjoy exclusively to her own use the interest of the same during her life and that on her death it be sold out and the proceeds divided equally between and given to my son Richard Cole and my daughter Sarah wife of Thomas Clouter or in the event of both or either of their deaths to their lawful heirs.
Second I give and bequeath to my said son and daughter immediately at and after my death one hundred pounds each to be raised out of certain monies of mine in the hands of Robert Slade, Senior, Merchant in Poole, or wherever these monies of mine happen to be lodged at the time of my death.
Third, I give and bequeath to my said son Richard all my wearing apparel
Fourth, I give and bequeath to my grandson Thomas Clouter son of my son-in-law Thomas Clouter, my watch and gun.
Fifth, Concerning my dwelling house and room or plantation I will and desire that my wife enjoy the use interest and benefit of the same during her natural life and on her death I give and bequeath the same to my grandson Thomas Cole first son of my son Richard Cole, and in case of his death without male issue (and that lawful) to Richard the second son of my said son Richard, or his lawful male heirs. The obvious intention of this clause is to preserve the property described, vizt. my dwelling house and room or plantation in the possession of my male heirs.
Sixth, the preceding five clauses conditions or injunctions being accomplished and performed, and the necessary expenses of my funeral paid, I give and bequeath to my wife Susan all that then remains of my estate and effects and constitute appoint and ordain her residuary legatee.
Seventh and finally, I appoint constitute and ordain my said wife Susan and my said son Richard jointly to execute this my last will and testament And I do hereby utterly disallow revoke and disannul all and every other former testaments wills legacies bequests and executors by me in any wise before named willed and bequeathed ratifying and confirming this and no other to be my last will and testament.
In witness whereof I have hereunto set my hand and seal this ninth day of May in the year of our Lord one thousand eight hundred and thirty three. Thomas his x mark Cole (LS)
Signed sealed published pronounced and declared by the said Thomas Cole as his last will and testament in presence of us in whose presence and in the presence of each we have hereunto subscribed our names. James Porter.    Mark Chard.   William Tilly.

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 (April 13, 2003)

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