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Will of James B. Fitzgerald
Last Will and Testament of James B. Fitzgerald of Fogo Stipendiary Magistrate Deceased.
In the Name of God Amen. I James Fitzgerald of Fogo Newfoundland Stipendiary Magistrate, being sick of body but through the goodness of Almighty God of perfectly sound mind and memory do make and declare this to be my last Will and Testament, canceling and annulling any other persons disposition of my property. I give and bequeath as follows: To my son Michael Edward the new dwelling house he occupies also whatever money may be standing to his credit in the Saving's Bank- To my son
Ambrose James my cottage roofed dwelling house together with the furniture of every description therein also the shop, Post Office, and small office fore his own use and benefit absolutely. For my four grandchildren Joseph Martin, Miss Mary Josephine, Agnes Henrietta and Bridget Gertrude children of my son William Bernard Fitzgerald the sum of twelve hundred dollars, to be left at interest in the Newfoundland Savings Bank until the youngest child shall be Twenty one years of age. To the resident priest in charge of Fogo Roman Catholic Mission the sum of Two Hundred Dollars towards the erection of a Roman Chapel at Fogo. To my son Ambrose James the sum of Two Hundred Dollars together with whatever money may be standing to his credit in the Savings Bank- To my sister Mary Lawler of St. Johns the sum of one Hundred Dollars to be paid in Five annual installments of twenty dollars each but should she die before the term of 5 years the remainder shall be divided by my executors to Masses for the repose of her soul. To Mrs. Mary MOORE of Bay de Verd who was once my daughter in law the sum of Forty dollars as a token of my affectionate remembrance. To my tow sons Ambrose James and Michael Edward my property situate on the lower side of the public road at Fogo consisting of wharf, store, stage and flake also my fishing boat "LEO" share and share alike. To my son Michael Edward the sum of Two hundred Dollars. To my son William Bernard the sum of Two Hundred Dollars. To my three sons Michael Edward, William Bernard, and Ambrose James my land and property in Shoal Bay consisting of Five acres two roads four poles (5.2.4---letters A e P above those numbers, respectively) ?? share and share alike- Further I bequeath to my two sons Michael Edward and Ambrose James the provisions I have in store in the following proportions- two thirds to Ambrose James and one third to Michael Edward.- Also to my son Ambrose James the whole of my stock of shop goods for his own use and benefit absolutely- Further I direct that my funeral expenses shall be kept within the bounds of economy and that no liquor shall be used at my funeral that my coffin shall be covered with black cloth with suitable trimmings and lined with white flannel. Further I direct that my executors shall realize the remainder of my property consisting of money in the Union Bank and Savings Bank and monies due me from the Government and after deducting the various funeral and Testamentary expenses also two suitable headstones to be erected to the memory of myself and my daughter Honora and the payment of the various legacies hereby bequeathed the said executors shall divide the remainder of my property in four equal parts as follows - one fourth part to my son Michael Edward Fitzgerald one fourth part to my son William Bernard Fitzgerald one fourth part to my son Ambrose James Fitzgerald and the remaining fourth part in equal parts between my four grandchildren Joseph Martin, ALICE Mary, Josephine, Agnes Henrietta and Bridget Gertrude children of my said son William Bernard Fitzgerald. And I appoint William Bernard Fitzgerald and John Thomas Croucher to be joint executors of this my will- In witness where of I have hereunto set my hand and seal at Fogo aforesaid this Eight day of January in the year of Our Lord one thousand Eight hundred and Nine one (A.D. 1891) James Fitzgerald (LS) Stipendiary Magistrate Signed sealed published and declared by the above named James Fitzgerald, the testator 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 do hereunto subscribe our names as witnesses-- Peter Picket Andrew Cook Edwin Edgar I certify the foregoing to be a correct copy of the last will and testament of William B. Fitzgerald.*
*the registrar made a mistake here naming son instead of father James.
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 Joanne Connors
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013 AST)
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