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Will of James Hibbs
In the name of God Amen. I James Hibbs of Topsail Newfoundland Farmer, being very sick and weak but of perfect mind and memory and knowing that it is appointed for all men once to die do make and ordain this my last will and testament, that is to say principally and first of all I give and recommend my soul into the hand of Almighty God that gave it and my body I commend to the earth to be buried in decent Christian burial at the discretion of my executors nothing doubting but at the general resurrection I shall receive the same again by the mighty power of God. And as touching such worldly estate wherewith it hath pleased God to bless me in this life, I give devise and dispose of the same in the following manner and form. First, I give and bequeath to my youngest son William, the dwelling house and furniture and all about it & the cellar, and all the land on which the house stands bounded by a private lane, south by Meany, west by Smith, and north by glebe land. Also I give to same son William the north part of my land east of Spruce Hill, from brook path to Alfred’s boundary, Also I give to my son Alfred the south part of said land on Spruce Hill, measuring on said road 298 feet from William’s part to James Barnes land, 137 feet on south and north 577 feet, and on the south by James Barnes. I also appoint Mr. William Swansborough to be executor of this my last will & testament. In witness whereof I have hereunto set my hand and seal this 4th day of August in the year of our Lord one thousand eight hundred and eighty-two. James X Hibbs (LS) Signed, sealed, published, pronounced and declared by the James Hibbs to be his last will and testament in the presence of us who in his presence and in the presence of each other have hereunto subscribed our names as witnesses, Wm. Swansborough, George X Smith.
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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