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Will of Richard Doyle
In the name of God Amen. The twenty third day of June one thousand eight hundred and fifty one. I Richard Doyle native of Ireland resident of Morleys Marsh being weak of body but of perfect mind and memory thanks be given unto God therefore calling unto mind the mortality of my body knowing that it is appointed unto men once to die do make and ordain this my last will and testament that is to say principally and first of all I give and recommend by soul into the hands of Almighty God that gave it and my body I recommend to the earth to be buried in decent Christian burial nothing doubting but that at the general resurrection I shall receive the same again by the almighty power of God and as touching my worldly estate I give demise and bequeath the same in the following manner and form
Firstly I give and bequeath to my beloved son John four acres of land to be detached from the South West side of my farm situate at Morleys Marsh subject to a rent of two shillings and sixpence stg per acre per ann. to be by him paid yearly on taking possession Proviso That the said, my son John Doyle (who is now absent) shall at the expiration of five years from the date hereof return to Saint John’s Newfoundland and take up his permanent place of residence therein or thereabout, and the said John Doyle shall not on taking possession presume to let sell mortgage or otherwise dispose of the above named four acres of land but shall build a house on the same and cultivate the same and on an attempt being made by the said John Doyle my son to sell let or otherwise dispose of the same four acres of land, on being cautioned by my executor or some other person authorized, and he still persisting, the aforementioned four acres of land shall then devolve to my beloved son Matthew Doyle to be by him freely enjoyed with the other portion of my farm hereinafter bequested And I do also bequeath to my beloved son John Doyle twelve acres of a farm situate on the north side of the Topsail Road the whole farm consisting of twenty four acres the best half of which is to devolve to my beloved son John But with the same restrictions and penalties and forfeitures as heretofore mentioned concerning the four acres on Morleys March which is to say that on my son John Doyle persisting to sell the same or otherwise dispose of it by mortgage the whole is then to devolve to my beloved son Matthew to be by him freely enjoyed without let or hindrance. And I do also bequeath to my beloved son Matthew Doyle all the remaining portion of my farms and property consisting of five acres of land at Morleys Marsh twelve acres of land on the north side of Topsail Road with dwelling house barn and stable horse cattle carts &c. goods chattels and every other article moveable and immoveable within and without to be by him freely enjoyed Proviso that my son Matthew shall not presume to let sell mortgage or otherwise dispose of any of the above named property but shall continue to dwell on and cultivate the same And the said bequests whole and entire shall descend from my beloved son Matthew Doyle to his children or heirs in a right line or succession and this I charge him as my last will and testament But be it particularly noticed that neiether of those bequest shall be of any force untill the decease of my beloved wife Dorothy who during her natural life shall have the full enjoyment and entire control of every part and particle appertaining to me and either of my sons John or Matthew shall not attempt to lay any claim on any part or portion whatever untill after her decease. Also I make Henry E. Hewett my sole executor of this my last will and testament and I do hereby utterly disallow revoke and disannul all and every other former testament wills legacies bequests and executors by me in any ways before named ratifying and confirming this and no other to be my last will and testament. In witness whereof I have hereunto set my hand the day and year above written.
Richard his X mark Doyle. Signed sealed published pronounced and declared by the said Richard Doyle as his last will and testament, in presence of us the subscriber. Witness, Henry E. Hewett, John Hutchings.
Codicil To a will bearing date twenty third of June one thousand eight hundred and fifty one and I do also appoint that my beloved daughter Mary shall continue to reside with my wife Dorothy and son Matthew as long as she may think proper or untill her marriage and shall be provided with food and suitable clothing during such residence but upon her marriage she shall then or shortly after remove to such other house as may be provided. Signed Richard his X mark Doyle. Witness, Hy. Ed. Hewet John Hutchings. June 23/51.
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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