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Will of Thomas Cook
In the name of God Amen, dated at Saint John's Newfoundland this third day of November Anno Domini eighteen hundred and ___________ I Thomas Cook of the town and Island aforesaid being of sound and disposing mind memory and understanding, but mindful of my mortality do make and publish this my last will and testament in manner following. I give and recommend my soul to Almighty God that gave it and my body to be decently buried, I give devise and bequeath to my wife Catherine Cook all my landed and household property to have and to hold the same during the term of her natural life Provided nevertheless that if my brother Edward Cook a Taylor now living in Boston shall arrive in Saint John's in reduced circumstances I desire and request that he shall have an equal claim on my property for his support for the term of his natural life my wife to have the management thereof and on the death of my wife and brother aforesaid I give devise and bequeath my property as follows. I give devise and bequeath to the Reverend Margaret O'Shaughnessey Superior of the Presentation Convent of Saint John's her heirs and successors for ever for the benefit of the said Convent that south eastern part or parcel of my landed property let under a lease of fifty years to three tenants as follows, say Thomas Nash annual rent three pounds five shillings currency, Daniel Headon annual rent three pounds two shillings and sixpence, Patrick Walsh annual rent two pounds ten shillings, measuring in front by the road leading from P. W. Carter's premises to the Pennywell Path one hundred and forty eight feet and the Bye Road opened at the opposite side leading to the Barrens one hundred and forty feet measuring at the south east junction of the two roads six feet and from each road at the opposite or northwestern and seventy six feet, the said lot of land forms nearly an irregular triangle To have and to hold the said several lots of land with the dwellings and improvements now standing thereon to the Reverend Margaret O'Shaughnessey, Superior of the Convent aforesaid and her successors for the benefit of the said Convent for ever.
Codicil dated 3rd November 1846. I, Thomas Cook of Saint John's have this day signed and subscribed my last will and testament hereunto annexed and having read and found it in all respects correct I hereby ratify and confirm the same but I desire and request that in default of lawful male issue of the bodies of my grandson Joseph Cook and granddaughter Catherine Cook, their respective portions shall in default of male issue as aforesaid be let or sold or disposed of for the benefit of the Poor and distressed of Saint John's none of their female children shall have no right or claim thereto or of any part thereof and I desire and request this to be a part and parcel of my last will and testament.
|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 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 & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013 AST)
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