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Will of James Doyle
In the name of God Amen I James Doyle of Carbonear in the Island of Newfoundland Boatmaster being of perfect mind and memory although weak in body and knowing that it is appointed for all men once to die and moreover being desirous that there should be no disputes after my decease respecting what property I may possess at the time of my decease, do make and ordain this my last will and testament that is to say First I give and bequeath to Mary my beloved wife all I possess to be by her held occupied and enjoyed and subject to her control for her maintenance and comfort during the period of her natural life. Also I give and bequeath to Thomas Fitzgerald my esteemed son-in-law for his benefit and the benefit of my daughter Helen, his wife, and their lawful children the westward dwelling house together with that portion of the cabbage garden that will be divided by a straight line by the back of the stable- I also give and bequeath to my daughters Mary and Catherine the middle dwelling house Flynn's garden and Hurley's garden on the Hill and the stables, the above mentioned property just named to be equally divided between the said daughters, Mary and Catherine, and at their decease the said property shall devolve to my son Maurice as hereinafter devised. Also I give and bequeath to my son Maurice my share of the schooner Native Lass the house I now occupy , a portion of the meadow in front of the said house, the said meadow to be divided as follows, my son Maurice is to have from the eastern boundary to a line drawn north and south from the west post of the gate of the said meadow, the remainder of the said meadow I give and bequeath to my esteemed son-in-law Thomas Fitzgerald and his lawful heirs. I also give and bequeath to my son Maurice the cabbage garden which I now occupy. The following property I also bequeath to my son Maurice but subject to the foregoing bequests, namely the property bequeathed above to my daughters Mary and Catherine which is to devolve to my son Maurice at their death- And I do also ordain and appoint that all my unmovable property now bequeathed to my son Maurice shall descend unincumbered by mortgage or otherwise to my dear grandsons James Doyle and Patrick Doyle, and that the said Maurice Doyle shall not have power to sell or dispose of the said property on any account whatsoever- In the event however of the early demise of my said grandsons James Doyle and Patrick Doyle and in the event of their leaving no lawful heirs this said property shall devolve to the daughters of the said Maurice Doyle similarly unincumbered-
I do also ordain and appoint that all my furniture cattle and my whole personal estate shall be equally divided between my four children above named one part of the large mahogany table to be included in the share of my son Maurice, namely the part with two leaves. To Ellen the part with one leaf; and to Mary the part with the two oval leaves. It is also my will and pleasure that no distribution of my effects and estate shall take place during the life of Mary, my dear wife, except Kennedy's Land, which she is at liberty to sell or dispose of for her benefit at her own option; but the said Kennedy's land if not disposed of by my dear wife is at her death to be equally divided between my children who may survive her. I also ordain and appoint that each of my four children shall have ten Masses offered up for the repose of my soul as an essential condition of this will, which my executors are to see faithfully excecuted. And I do hereby constitute make and ordain Michael Dwyer and Lawrence MacKay executors of this my last will and testament- And I do hereby utterly revoke and dIsannul all all and every other former bequests legacIes and executors by me In anywIse before named wIlled and bequeathed raIfyIng 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 eIght day of July In the year of our Lord one thousand eIght hundred and seventy two-
James hIs X mark Doyle (LS) SIgned, sealed publIshed and pronounced and declared by the same James Doyle as hIs last wIll and testament In presence of us who In hIs presence and In the presence of each other have hereunto subscrIbed our names as wItnesses thereunto, witnesses J. McCarthy, John Riley.
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.
Contributed by Joanne Connors Parandjuk and also by Judy Benson
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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