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A Collection of Newfoundland Wills
As always, confirm these, as you would any other source material.
Will of Sarah Heaney
from Newfoundland will books volume 1 pages 177 to 179 probate year 1834.
Sarah Heaney deceased.
In the name of God Amen. I Sarah Heaney of the town of Saint John's in Newfoundland Widow of Patrick Heaney of the town and Island aforesaid being at present in a delicate state of health but of sound and disposing mind and memory thanks be unto God but calling to mind the mortality of my body and knowing that it is appointed for all men once to die do make publish and declare this my last will and testament in manner following that is to say, First I recommend my soul to the hands of Almighty God who gave it nothing doubting but at the general resurrection I shall receive the same again by his mighty power and my body to the earth to be buried in decent Christian burial and as for and concerning my wordly estate wherewith it has pleased God to bless me with in this life I give bequeath and dispose thereof in the following manner and form
To my beloved son Hugh Heaney the sum of seventy pounds in cash (subject however as is hereinafter mentioned) and one half of the garden purchased from Collector Brooking. I give and bequeath to my beloved daughter Margaret one hundred pounds in cash and one half of the garden aforesaid the house which I now possess or inherit and the house or tenement next adjoining in the lane and during her minority the rents arising out of both houses is to be paid for her board and education and the overplus to remain in the hands of the Right Reverend Doctor Fleming untill she is of age provided she may not be in particular want of money but I shall leave to His Lordship's better judgment the sum he shall think proper to deliver to or pay for her from time to time untill she becomes of age when she is entitled to receive the whole of this my bequest.
Should the houses however during her minority be burned or otherwise destroyed it is my desire and request that out of the seventy pounds above bequeathed to my son Hugh thirty pounds thereof is willed to my said daughter Margaret, and which will in that case reduce my present bequest to him of cash to forty pounds, and in the event of her getting married the property entails on her issue if any but in default of issue it becomes the property (immediately after her death) of my son Hugh or of his lawful issue in order to exclude her husband from any right or title whatsoever to any part thereof as it is my express will and desire that her husband or Hugh's wife shall on no account either before or after their death have any right or claim on the property and if it shall happen that she survive her brother Hugh she is to have his share at his death provided he has no issue, but in the event of his having lawful issue his share is entailed to his lawful issue, and if neither my said daughter or son shall have issue the whole of the property is intended and hereby given to my nearest relation (Hugh's wife and Margaret's husband excepted)
the rents of the garden with the interest thereon is also to be reserved untill my said children becomes of age, my said son Hugh may probably during his minority require some money to purchase cloathing or other needful things and should it appear to my executors that he is realy in want they will of course advance him what they consider absolutely necessary The garden is never to be mortgaged or sold by any or either of my legatees my executors however may (should they think it most beneficial) let it out on building leases for any term not exceeding twenty one years. Although the rents arising out of the two houses is intended to be for the payment of Margaret's board and education it is nevertheless my particular desire and request the overplus together with the rents of the garden shall after paying for her board and education be divided equally between Hugh and Margaret and when she is twenty one years of age her brother Hugh is to have his half of the whole of the rents arising out of both houses. And I nominate and appoint the Right Reverend Doctor Fleming and _______________ executors to this my last will and testament. And I hereby utterly disallow revoke and disannul all and every other testament wills legacies and bequests and executors by me in any wise before named willed and bequeathed ratifying and confirming this and no other to be my last will and testament-
In witness whereof I have hereunto set my hand and seal this thirtieth day of July one thousand eight hundred and thirty two. Sarah Heaney (LS)
Signed sealed published pronounced and declared by the said Sarah Heaney as her last will and testament in the presence of us the subscribers, Hy. Devereux. A. Hannon.
D. M. Browning
|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 F. Benoit (February 18, 2003)
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