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A Collection of Newfoundland Wills
(D)
Thomas Deacon

Disclaimer: The wills for volumes 1 and 2 are not made from the original will books, but rather from a set of books written up from the originals about 100 years later. The 1846 hand written will book that we are putting up along with the wills from the volume 1 will book, is not the original will book. It was made, probably within a decade of the death of the testators, but it is not an exact replication from the original will book.

 

Will of Thomas Deacon
from Newfoundland will books volume 1 page 519 probate year 1847.
(This was a very difficult will to transcribe, and I have tried to make it as exact a replica of the microfilm version, as I could.)

In re Thomas Deacon      deceased.

In the name of God Amen, Be it known unto all men that I Thomas Deacon being now verey weake in body but in mind perfect and know that it is appointed by God unto all men once to die and under my present circumstances do hereby make my last will & testament as follows, unto Josiah Giddins I do bequeath that parte of my land to westward bounded by Patk Dewire north by the main roade as far eastward as my dwelling house the house Included & to the south by the sea this he is to take posseshion of the day of his mariage with the proviso he weds agreeable to my or his mothers consente this he is to have him his airs & assines for ever also the easter parte of my land from the dwelling house to Piddles Room Easet & West North by the Main Roade & on the south by the sea I do herebey make over to Mary Giddings to be by her disposed of unto her heirs for ever as she may deeme prudent And be it farther known unto all men that should God in His wise Providence permite me to survive the partes possesing my lands & property shall provide for me sufficient Foode & Raiment & give me a Christian buriael in Carbonear & erect or cause to be erected a headstone.
Given under my hand this day 27th June 1846 at Spanyards Bay in the year of our Lorde. Thomas Deacon - in presents of Witness Chas. Calpin.    Rob. T.S. Lowell.

Certified correct
D.M. Browning
Registrar


Will of Thomas Deacon
from Newfoundland will book labeled, "REGISTRY OF WILLS 1846," pages 103 & 104 probate year 1847.

In the name of God. Amen. Be it Known unto all men that I Thomas Deacon being now very weak in body, but in mind perfect and know I Know it is appointed by God unto all men once to die, and under my present circumstances do hereby make my last Will and Testament, as follows. unto Josiah Giddins I do bequeath that part of my land to Westward bounded by Patrick Dewire(?Dwyer?), North by the main road, as far Eastward as my Dwelling House. the House included and to the South by the Sea, this he is to take possession of the day of his marriage. with the proviso he weds agreeable to my or his Mothers consent, this he is to have, his heirs and assigns for ever. Also the Eastern part of my land from the Dwelling House to Piddles Room East and West, North by the Main Road, on the South by the Sea, I do hereby make over to Mary Giddins to be by her disposed of unto her heirs for ever as she may deem prudent. Be it further known unto all men That should God in His wise providence permit me to survive the parties possessing my lands and property shall provide for me sufficient food and raiment and give me a Christian burial in Carbonear and erect or cause to be erected a Head Stone.
Given under my hand this twenty seventh of June Eighteen Hundred and forty six, at Spaniards bay, in the year of our Lord - Thomas Deacon - in presence of Witness Charles Calpin.     Robt. T.L. Lowell.

In the Supreme Court of Newfoundland this deponent Charles Calpin of Bay Roberts Constable maketh oath and saith that he this deponent was present and actually saw Thomas Deacon sign and deliver the within paper writing on the day of the date thereof at which time the said Thomas Deacon was of sound mind and memory and of perfect understanding at which time also this deponent together with the Revd R.T.L. Lowell subscribed their names thereto as Witnesses attesting the due execution thereof. Charles Calpin.
Sworn to at Harbour Grace this fourteenth day of August A.D. 1847. Before me John Stark    Commissioner of Affidavits Probate Court, Supreme Court.

 

 

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 Benoit (August 17, 2002)

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