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Will of David Foley
In the name of God Amen, The last will and testament of David Foley Farmer of Tor Bay in the District of St. John’s Newfoundland made the third day of December in the year of our Lord one thousand eight hundred and fifty one and doth specify that I David Foley being now in a sound & perfect state of mind and memory but being greatly indisposed in bodily health and as it is ordained for man once to die I therefore recommend my soul unto Almighty God and my worldly substance I dispose of as follows,
First I do will and bequeath my dwelling house and farm now situate at the south side of Tor Bay aforesaid to any one of my relations or friends who will undertake after my death to pay the full sum of sixty pounds currency in the following instalments that is, to pay four pounds cy each year for the time & term of fifteen years to the Revd Edward Troy Parish Priest of Tor Bay or to the Parish Priest of Torbay for the time being, the said four pounds is to be paid the tenth day of November each year commencing to pay the first instalment the tenth day of November next after my death, The said four pounds each year is to be appropriated to the following purposes, that is, one pound ten chilling cy is to be given to the Revd. Edward Troy Parish Priest of Tor Bay or to the Parish Priest of Torbay for the time being for saying six Masses each year during the abovementioned term of fifteen years for the repose of the souls of the said David Foley and his father & mother The remaining two pounds ten shillings is to be given each year to the fund for the erection of the Parish Chaple at Tor Bay If any one of my relations or friends does not agree to take my dwelling house & farm aforesaid on the abovementioned terms then I do will and bequeath the said dwelling house & farm to the Revd Edward Troy parish Priest of Tor Bay or the Parish Priest of Torbay for the time being after my death- to have and to hold the same the the Revd Edward Troy is to said the abovementioned number of Masses each year and to give two pounds ten shillings each year towards the erection of the Parish Chaple in Tor Bay for the time & term of fifteen years as aforesaid.
Secondly, I do will and bequeath that whatever crop may be on my farm at the time of my death is to be sold for the purpose of having me decently interred and if any money shall remain after defraying my funeral expenses, it is also to be given to the fund for the erection of the Chaple of Torbay.
Thirdly, I do will and bequeath my bed and bedding, my gun and all my household furniture unto any person who will undertake to take care of and attend me in my last sickness, and at the time of my death and also to perform the requisite duties at my weak & funeral to such person I do will the abovementioned articles, And that is all. I do hereby appoint the Revd. Edward Troy Parish Priest of Tor Bay or the Parish Priest of Tor Bay for the time being to be my sole executor to see this my last will and testament as above stated to be justly and duly settled after my death. To this my last will and testament I do subscribe my name and signature in presence of witness the day and year abovementioned. David his X mark Foley. Witness present J.N. Hand, Mathew Maguire.
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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