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Will of the Honorable James Cormack
This is the last will and testament of me the Honorable James Cormack of Bay Roberts but at present of St. John's in the Island of Newfoundland Merchant, I revoke all former wills and codicils by me at any time made or executed. It is my will and desire that my executors hereinafter named shall as soon as conveniently may be after my decease to the best advantage realize all my property estate and effects, save as may be excepted, and that in the first place out of the proceeds my just and lawful debts funeral and testamentary expenses be duly paid and that the surplus hereafter shall be held by my dear wife Mary in trust under her own sole controul for her maintenance and support during her lifetime as she may require the same, and having full confidence that she will be economical in the management of the same, and have all proper regard for the interests of our children It is my further will and desire that whatever may be the residue of my property so realised or unrealized after the death of my said wife shall be apportioned equally among our children, Mary Jane Tobin in her own right, John Cormack and James Smith Cormack or the survivors or survivor of them or the lawful issue of either deceased taking the parent's portion if living It is also my will and desire that my said wife shall be permitted to retain for her lifetime such articles of plate or household furniture as she may select for her use I give and bequeath to Richard Cormack who has been conducting my business at Bay Roberts aforesaid as a legacy the sum of one hundred and fifty pounds currency to be paid within twelve months after my decease. I appoint my said wife Mary and my good friend Robert Grieve of St. John's Merchant to be the executors of this my last will and testament. In witness whereof I have hereunto set my hand and seal this twenty third day of January A.D. 1869.
Jas. Cormack. (LS) Signed sealed and delivered by the testator as for his last will and testament in the presence of each of us who also in the presence of each other have subscribed our names as witnesses, the word "her" on the first page being first interlined, Fredk B. T. Carter, Atty Genl. Nfld. Samuel Knight, Shopkeeper St. John's.
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. 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)
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