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Will of Andrew Fitzgerald
In the name of God Amen the third day of April in the year of our Lord one thousand eight hundred and seventy one I Andrew Fitzgerald of Saint John’s being through the blessing of God in a sound state of mind and memory but calling to mind the frail tenure of this life and that it is appointed to all men once to die do make and ordain this my last will and testament that is to say I give bequeath and dispose of it in the following manner
First I give and bequeath to my beloved wife Mary Fitzgerald the sum of two hundred pounds of good & lawful money of this Island to be paid to her after my decease and also the house she now occupies and all its effects
Secondly I give and bequeath to my son John Fitzgerald the down stairs of the west end of my house situate in Briens Lane at the rear of River Head Convent and thirty pounds in money and a bed
Thirdly I give and bequeath to my son James Fitzgerald the upstairs of the west end of the aforesaid house and thirty five pounds cy in current money of this Island
Fourthly I give and bequeath to my son Joseph Fitzgerald the down stairs of the east end of the aforesaid house a bed and thirty pounds in cash of the current money of this Island
Fifthly I give and bequeath to my son Andrew Fitzgerald the upstairs of the east end of the aforesaid house and thirty pounds of the current money of this Island and also my boat and all the gear and material belonging to her to my two sons Joseph and Andrew between them.
I also give and bequeath to my daughter Jane Fitzgerald a bed & bedding and thirty pounds of the current money of this Island and also to my daughter Mary Kennedy the sum of thirty pounds of the current money of this island
Sixthly I will and bequeath to the Revd G.F. Doyle and Father McGrath between them whatever may be left out of forty five pounds after deducting my funeral expenses and any other charges that may attend me till my decease I also bequeath the sum of twenty pounds to be given for Masses for the repose of my soul and also to the Sisters of Mercy the sum of sixteen pounds and the sum of seventeen pounds pounds to be given in charity to the poor Finally I will and bequeath the garden on which my house is built in Briens Lane to be equally divided between the four tenements aforesaid but in the event of my son Patrick returning from America and that he wish to live in St. John’s I bequeath to him forty feet off the southern end of said garden form front to rear provided that he wish to build on it and if he does not intend to build thereon it is to remain as it is equally divided between the four tenements. I also prohibit in this my last will that any of my sons is not at liberty at any time to sell mortgage or bestow his share of the premises to any person unless they sell to one another. I do hereby utterly disallow revoke and disannul all and every other former wills and testaments ratifying and confirming this and no other to be my last will and testament in witness whereof I have hereunto set my hand and seal the day and year above written.
Andrew Fitzgerald. Signed sealed published and pronounced by the said Andrew Fitzgerald as his last will and testament in presence of us the subscribers,
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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