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A Collection of Newfoundland Wills
As always, confirm these, as you would any other source material.
Will of James Foley
from Newfoundland will books volume 4 pages 358-359 probate
James Foley deceased.
In the name of God Amen. I James Foley of St. John’s
in the Island of Newfoundland Farmer do make publish and declare this as and
for my last will and testament. First. I direct that all my just and lawful
debts funeral and testamentary expenses shall be paid.
Second. I give devise and bequeath all that farm land and premises
with the buildings and erections there on situate on the west side of the Portugal
Cove Road and now occupied by me and all the live stock farming stock implements
of husbandry household goods chattels and effects on in or about the said farm
land premises and buildings to my beloved wife Catherine Foley for her sole use
and benefit during her life.
Third. I direct that after the death of my said wife or after my own
death should I survive her my said farm land and premises with the buildings
and erections thereon shall be equally divided between my two sons James and
John each of whom shall have and hold his separate half of the said farm land
premises and dwelling house for his life and in the event of the death of either
of them unmarried or without leaving wife or child him surviving then the survivor
of them shall have the whole farm and premises for his own absolute use and benefit
but in case both my said sons should marry and die leaving issue surviving then
the fathers share of the said farm and premises shall become and be the absolute
property of such child or children as he shall by any will or other writing appoint.
Fourth. All such live stock farming stock implements of husbandry household
goods chattels and effects as may be on or about the said farm land premises
or buildings after the decease of my said wife I give devise and bequeath to
my said sons James and John in equal proportions between them-
Lastly I do hereby nominate and appoint my friend and neighbor William
Nugent of St. John’s Farmer as executor of this my will and do
hereby revoke and declare null and void all former and other wills by me made. Witness
my hand at St. John’s
aforesaid this fourteenth day of September Anno Domini 1872. James
his X mark Foley. Signed published and declared by
the said testator as and for his last will and testament on the day of the date
thereof in the presence of us who at his request in his presence and in the presence
of each other put our names as witnesses the same having been first read over
and explained to the said testator and he having expressed his approval thereof,
the words "of St. John’s" being
interlined on this page and also the words “situate on the west side of
the Portugal Cove Road and now occupied by me” being interlined on the
first page, Willie Nugent, Robert J. Kent.
D. M. Browning
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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