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Will of Thomas Ebsary
In the name of God Amen. I Thomas Ebsary of St. John's in the Island of Newfoundland Fisherman being now infirm in body but of sound mind memory and understanding do make this my last will and testament as follows-
First After all my lawful debts are paid I give and bequeath to my wife Mary Ebsary for her use and support and for her maintenance as long as she remains a widow the house I now live in as well as the land in rear of the house and also in front of the house as far as the road and also the water side opposite my house and after the decease of my said wife Mary Ebsary I give the said house and land in the rear and the water side being my own private property to my son James Pitts Ebsary for ever but should my said son James Pitts Ebsary die without issue then the said property so bequeathed to him is to be left to Hannah Jemima Elizabeth Janet and May my daughters share and share alike.
Secondly I wish and desire that the store on which Captain Graham has a mortgage be sold to satisfy the claim thereon and the surplus to be appropriated towards the support of my said wife Mary Ebsary and her children- also the small piece of land which did belong to my father to the westward of the house I now live in to be sold for the support of my said wife Mary Ebsary and her children.
Thirdly I give and bequeath to my said son James Pitts Ebsary all my right title and interest in the Cove between McDougalls and Whittens property for ever. Lastly I appoint Edwin Duder of St. John's Newfoundland Merchant to be executor to this my last will and testament. In witness whereof I the said Thomas Ebsary have hereunto set my hand and seal at St. John's in the Island of Newfoundland this twenty fourth day of December A.D. one thousand eight hundred and sixty three. Thomas his X mark Ebsary (LS) Signed sealed and delivered in presence of us who in his presence and in the presence of each other have subscribed our hands as witnesses to the last will and testament of the said testator (the same having first been read over and explained to said Thomas Ebsary) A.O. Hayward, John H. Ebsary-
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 and also no paragraphs. 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. However, in some of the very long wills, we have tried to insert paragraphs to make it easier for the researcher to read the document.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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