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A Collection of Newfoundland Wills
James Foley


Will of James Foley
from Newfoundland will books volume 4 pages 358-359 probate year 1885

In re
      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.

Certified correct,
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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