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Will of Edward Dwyer
This is the last will and testament of me Edward Dwyer of Carbonear in the island of Newfoundland Planter First I order that all my just debts funeral and testamentary expenses be paid out of my estate. I will devise and bequeath to my beloved wife Elizabeth all monies that I may die possessed of Secondly I will and bequeath to my said wife Elizabeth all other property and effects that I may die possessed of to be occupied possessed and enjoyed by her during the term of her natural life and after her decease I bequeath the same as follows To my daughter Theresa I will and bequeath to her, her heirs and assigns the dwelling house land and premises situate on the north side of Water Street at Harbor Rock Hill Carbonear and one third of the meadow at Irish Town also all my household furniture, I give devise and bequeath to my son Edward one third of the meadow at Irish Town. I give devise and bequeath to my granddaughter Julia Mullaly the dwelling house land and premises situate on the south side of Water Street at harbor Rock Hill Carbonear also one third of the meadow at Irish Town. I also give and bequeath to my daughter Theresa the dwelling house situate on the north side of Water Street Carbonear occupied by Mrs. Coultas together with the eastern half of the land attached to it, also one half of the land and premises on the water side between Patrick Sweeney and Richard McCarthy’s property, I will and bequeath to my son Michael in trust for his children by his wife Anastatia the dwelling house which he now occupies and the land which is situated in rear of the same being half the land attached to the house occupied by Mrs. Coultas, also the other half of the land on the water side between Patrick Sweeney’s and Richard McCarthy’s property also all that piece of land situate on the north side of St. Patricks Street and east of St. Patricks School House-
All my right title and interest in my share of the vessel “Walrus” I give and bequeath as follows To my son Michael in trust for his children by his wife Anastatia one half of my said share and to my daughter Theresa the other half- It is also my wish, will and desire that no distribution of any of my said property shall take place until after the death of my said wife Elizabeth. In the event of my granddaughter Julia Mullaly dying without leaving lawful issue I will that the property herebefore willed and bequeathed to her be divided equally between my three children. I hereby nominate and appoint Israel L. McNeil Esquire of Carbonear Executor of this my last will and testament and I hereby revoke and disannul all other wills heretofore made or said to be made by me, declaring this to be my only true last will and testament- In witness whereof I have hereunto affixed and subscribed my hand and seal at Carbonear aforesaid this ninth day of September A.D. 1874.
Edward his X mark Dwyer Signed sealed published and declared by the said testator Edward Dwyer as and for his last will and testament in the presence of us who in his presence, at his request, and in the presence of each other have hereunto subscribed our names as witnesses the same having been first read over to the said testator in our presence, Joseph Mackey, Margaret Lecoeur.
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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