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Will of James Fogarty
In the name of God Amen, I James Fogarty of Saint John's in the Island of Newfoundland, Shopkeeper, being weak in body but of sound mind memory and understanding, do make and declare this my last will and testament, in manner following, First I resign my soul into the hands of Almighty God, hoping and believing in a remission of all my sins, and my body I commit to the earth, to be deceantly buried at the discretion of my executrix hereafter named- And my worldly estate I give and bequeath as follows, that is to say, to my beloved wife Mary Fogarty all that certain messuage dwelling house and premises with the appurtenances situate near the Protestant Cathedral in the town of Saint John's aforesaid which I hold by or under lease, and all my estate, right title, interest, term of years yet to come and unexpired of and in the said premises, To have and to hold to her the said Mary Fogarty her executors administrators and assigns, and to and for her and their own use and benefit- I also give and bequeath to my said wife Mary Fogarty all that certain dwelling house, shop and premises with the appurtenances situate and being on the east side of the Kings Road in the town of Saint John's aforesaid bounded on the east by property belonging to Gills Estate, on the west by the said road, on the north by property in the possession of Laurence Burke and on the south by property in the possession of John Cahill, to have and to hold the same to her my said wife Mary Fogarty her executors administrators and assigns for ever. And the rest and residue of my property and estate whatsoever and wheresoever, and of what nature, kind and quality soever the same may be and not herein before given or disposed of (after payment of my just debts and funeral expenses) I do also give and bequeath to my said wife Mary Fogarty her executors, administrators and assigns to and for her and their sole use and benefit and I do hereby nominate constitute and appoint my said wife Mary Fogarty sole executrix to this my last will and testament.
In witness whereof I have hereunto set my hand and affixed my seal at St. John's aforesaid this twenty eighth day of July A.D. one thousand eight hundred and fifty seven.
James Fogarty (LS) Signed sealed published and declared by the said testator as and for his last will & testament in our presence who at his request in his presence and in the presence of each other have subscribed our names as witness thereto,
Michael Walsh, Rob. R. Holden.
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 AST)
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