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A Collection of Newfoundland Wills
(F)
Michael Foley

Disclaimer: The wills for volumes 1 and 2 are not made from the original will books, but rather from a set of books written up from the originals about 100 years later. The 1846 hand written will book that we are putting up along with the wills from the volume 1 will book, is not the original will book. It was made, probably within a decade of the death of the testators, but it is not an exact replication from the original will book.

 

Will of Michael Foley
from Newfoundland will books volume 1 pages 532 & 533 probate year 1847.

In re Michael Foley      deceased.

In the name of God Amen, I Michael Foley of Saint John's in the Island of Newfoundland Dealer, being of sound and disposing mind memory and understanding but mindful of my mortality do this twenty fifth day of June A.D. one thousand eight hundred and forty seven make and publish this my last will and testament in manner and form following, that is to say, first I desire to be decently buried with as little expence as may be And I give and bequeath to my beloved wife Ellen Foley all my leasehold premises situate and being in the town of Saint John's aforesaid and also all my personal estate goods debts household furniture ships vessels and effects of whatsoever nature kind or quality I shall or may die possessed off After payment of my just debts and funeral expenses to and for her own use and benefit absolutely. And I further will and direct and it is my desire and request that my said wife Ellen Foley shall and may do whatsoever she may think fit and proper with the disposition of the same at the time of her death and except all those messuages tenements and premises situate and being at Maggotty Cove in the Town of Saint John's aforesaid already disposed of by Indenture of Deed in trust bearing date the seventh day of January A.D. one thousand eight hundred and forty seven. And I do hereby make ordain constitute and appoint my said wife Ellen Foley sole executrix of this my last will and testament hereby revoking all former and other wills and testaments by me at any time heretofore made.
In witness whereof I have to this my last will and testament set and subscribed my hand and seal at Saint John's aforesaid the day and year first above written. Michael his X mark Foley (LS)
Signed sealed published and declared by the said Michael Foley the testator as & for his last will and testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses thereto, (being first read over & explained) Joseph Strafford,   Chs. Grills.   John Rochford

Certified correct
D.M. Browning
Registrar


Will of Michael Foley
from Newfoundland will book labeled, "REGISTRY OF WILLS 1846," pages 111 to 113 probate year 1847.

In the name of God, Amen. I Michael Foley of Saint Johns in the Island of Newfoundland, Dealer, being of sound and disposing mind, memory and understanding but mindful of my mortality, do this twenty fifth day of June, A.D. one thousand eight hundred and forty seven, make and publish this my last Will and Testament in manner and form following. That is to say first I desire to be decently buried with as little expence as may be, And I give and bequeath to my beloved wife Ellen Foley all my leasehold premises situate and being in the town of Saint Johns aforesaid and also all my personal estate goods, debts, household furniture ships vessels and effects of whatsoever kind or quality I shall or may die possessed of, after payment of my just debts and funeral expenses to and for her own use and benefit absolutely. And I further will and direct and it is my desire and request that my said wife Ellen Foley shall and may do whatsoever she may think fit and proper with the disposition of the same at the time of her death, Save and except all those messuages tenements and premises situate and being at Maggotty Cove in the Town of Saint Johns aforesaid already disposed of by Indenture of Deed in trust bearing date the seventh day of January A.D. one thousand eight hundred and forty seven - And I do hereby make, ordain, constitute, and appoint my said wife Ellen Foley sole Executrix of this my last written testament hereby revoking all former and other Wills and Testaments by me at any time heretofore made.
In Witness whereof I have to this my last will and testament set and subscribed my hand and seal at St Johns aforesaid the day and year first above written. Michael his X mark Foley
Signed sealed and published and declared by the said Michael Foley the Testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses thereto, being first read over and explained - Joseph Strafford,   Charles Grills. and John Rochford

Newfoundland in the Supreme Court St Johns
to wit - Joseph Strafford of St. Johns Merchant a subscribing witness to the foregoing paper writing maketh oath and saith that he was present and see Michael Foley therein named set his mark to seal publish and declare the said paper writing as and for his last will and testament in the presence as well of this deponent as of Charles Grills and John Rochford the other subscribing Witnesses thereto. And this deponent further saith that the said paper writing was read over to the said Testator in his presence and that he fully understood the same. And lastly this Deponent saith, that the said Testator at the time of publishing his said will was of sound and disposing mind, memory and understanding to the best of deponents judgment and belief. Joseph Strafford
Sworn before me at St Johns this 9th day of October A.D. 1847.
Rob. R.W. Lilly Comm. of Affidavits. ---

 

 

Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written 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 Ivy F. Benoit

Page Revised by Ivy Benoit (August 9, 2002)

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