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Will of John Fitzgerald
In the name of God Amen, I John Fitzgerald of Harbor Grace South side being in sound and disposing mind memory and understanding do this twenty ninth day of March in the year of our Lord one thousand eight hundred and fifty eight make and publish this my last will and testament in manner and form following that is to say I give and bequeath unto my only daughter Ann Shea the sum of fifty pounds currency also I give and bequeath unto my son Michael Fitzgerald in trust the sum of one hundred pounds currency to be placed in security for the sole use and benefit maintenance and support of and for the children of the late Thomas Fitzgerald my eldest son to be disposed of and for them as necessity or circumstances may from time to time require I also give and bequeath unto my son John Fitzgerald the sum of one hundred and thirty pounds currency. I also give and bequeath unto my son Michael Fitzgeralf the sum of two hundred and fifty pound currency I also give and bequeath to the Right Revd J. Dalton Bishop of Harbor Grace the sum of five pounds cury I also give and bequeath to the Revd Father Walsh and the Revd Father O'Connor the sum of five pounds cury. The foregoing bequest to be paid out of the monies and interest arising thereon deposited by me in the Union Bank the 19th May 1856 in the name of my grandchild Edward Fitzgerald son of John and also out of the monies and interest arising thereon deposited by me in the Savings Bank the 19th May 1856 in the name of my grandchild James Fitzgerald son of the late Thomas. I also give devise and bequeath unto my son John Fitzgerald the dwelling house I now occupy together with one third of the land on the east side on which the house is situate. I also give bequeath and devise unto my son Michael Fitzgerald and to my daughter-in-law Ellen Fitzgerald widow in trust the dwelling house and one third of the land on the west side on which the house is situate of the sole use and benefit absolutely of my grandchildren Francis, James, John, Elizabeth, David, Ann and Alice the same being the children of the late Thomas Fitzgerald my eldest son. I also give devise and bequeath unto my son Michael Fitzgerald the remaining one third of the land in the centre or middle part and I do hereby make and constitute and appoint my son Michael Fitzgerald sole executor to this my last will and testament hereby revoking all former and other wills and testaments by me at any time heretofore made.
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 and also by Joanne Connors
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013 AST)
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