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A Collection of Newfoundland Wills
(M)
Michael Macdonald

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 MacDonald
from Newfoundland will books volume 1 pages 515 to 517 probate year 1847.
This name is spelled McDonald MacDonald and Macdonald in this will.

In re Michael Macdonald      deceased.

In the name of God Amen. The first day of October one thousand eight hundred and forty five. I, Michael Macdonald, Bachelor, native of Newfoundland resident of Portugal Cove Road being weak of body but of perfect mind and memory thanks be given unto God, therefore calling unto mind the mortality of my body knowing that it is appointed unto 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 hands of Almighty God that gave it and my body I recommend to the earth to be buried in decent Christian burial at the discretion of my executor nothing doubting but at the general resurrection I shall receive the same again by the Almighty power of God and as touching my worldly estate I give devise and bequeath the same in the following manner and form.
Firstly, I do give and bequeath to my well beloved nephew James Butler the farm and tenement now in my possession, the Horses, Cart or Carts implements &c. with all the goods and chattels moveable and immoveable attached thereto to be by him freely enjoyed at his sole will and disposal.
Proviso, that after my decease my well beloved mother Ann Macdonald shall continue to live and dwell with the afore named James Butler and the afore named James Butler shall continue to maintain and support her and at her decease shall cause her to be respectably interred.
Proviso, that my well beloved niece Ann Atkins shall continue to live and dwell with the afore named James Butler until she is married or otherwise she of her own accord removes from the farm with the intention of earning her own subsistence, and the aforenamed James Butler shall continue to clothe, diet and otherwise provide for the aforenamed Ann Atkins during her residence with the aforenamed James Butler.
Proviso, that if the aforenamed Ann Atkins shall be compelled to leave the habitation of the afore named James Butler against her own will and inclination the aforenamed James Butler shall be compelled to allow three pounds currency per annum to the aforenamed Ann Atkins from the produce of the farm afore named until such period as the afore named Ann Atkins shall be married without any limited time being appointed.
Also, it is my request that after my decease my well beloved mother Ann Macdonald shall continue to hold possession of the farm tenement &c. until her decease but without any power of altering this will and testament,
Also I make and appoint Mr. William Walsh my sole executor of this my last will and testament and I do hereby utterly disallow revoke and disannul all and every other former testaments wills legacies bequests and executors by me in any ways before named ratifying and confirming this and no other to be my last will and testament.
In witness whereof I have hereunto set my hand the day and year above written. Michael his X mark Macdonald.
Signed, sealed published pronounced and declared by the said Michael Macdonald as his last will and testament in presence of us the subscribers, witness Henry Ed. Hewitt.   William his X mark Walsh.

Certified correct
D.M. Browning
Registrar


Will of Michael MacDonald
from Newfoundland will book labeled, "REGISTRY OF WILLS 1846," pages 66 to 70 probate year 1847.
This name is spelled McDonald MacDonald and Macdonald in this will

In the name of God. Amen. The first day of October one thousand eight hundred and forty five. I Michael Macdonald, bachelor, native of Newfoundland, resident of Portugal Cove road, being weak of body but of perfect mind and memory, thanks be given unto God, therefore calling unto mind the mortality of my body, knowing that it is appointed unto 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 hands of Almighty God that gave it and my body I recommend to the earth to be buried in decent Christian burial at the discretion of my executor nothing doubting but at the general resurrection I shall receive the same again by the Almighty power of God. and as touching my worldly estate I give devise and bequeath the same in the following manner and form.
Firstly, I do give and bequeath to my well beloved nephew James Butler the farm and tenement now in my possession, the horses, cart or carts implements &c. with all the goods and chattels moveable and immoveable attached thereto to be by him freely enjoyed at his sole will and disposal.
Proviso, that after my decease my well beloved mother Ann Macdonald shall continue to live and dwell with the afore named James Butler and the afore named James Butler shall continue to maintain and support her and at her decease shall cause her to be respectably interred.
Proviso, that my well beloved niece Ann Atkins shall continue to live and dwell with the afore named James Butler untill she is married or otherwise she of her own accord removes from the farm with the intention of earning her own subsistence, and the aforenamed James Butler shall continue to clothe, diet and otherwise provide for the aforenamed Ann Atkins during her residence with the aforenamed James Butler.
Proviso, that if the aforenamed Ann Atkins shall be compelled to leave the habitation of the aforenamed James Butler against her own will and inclination the aforenamed James Butler shall be compelled to allow three pounds currency per annum to the aforenamed Ann Atkins from the produce of the farm aforenamed until such period as the aforenamed Ann Atkins shall be married without any limited time being appointed -
Also, it is my request that after my decease my well beloved mother Ann Macdonald shall continue to hold possession of the farm tenement &c. until her decease but without any power of altering this last last will and testament,
Also I make and appoint Mr. William Walsh my sole executor of this my last will and testament and I do hereby utterly disallow revoke and disannul all and every other former testaments wills legacies bequests and executors by me in any ways before named ratifying and confirming this and no other to be my last Will and Testament.
In witness whereof I have hereunto set my hand the day and year above written. Michael his X mark Macdonald.
Signed, sealed published pronounced and declared by the said Michael Macdonald as his last will and testament in presence of us the subscribers, Witness Henry Ed. Hewett - William his X mark Walsh.

Henry Hewett of Portugal Cove Road in the Central District, teacher, a subscribing witness to the foregoing will maketh oath and saith that he this deponent wrote and drew the foregoing will at the request and by the dictation of the Testator therein named Michael McDonald late of Portugal Cove Road farmer deceased that the same was read over to the said Testator by the Deponent and freely explained to him in the presence of the said William Walsh the other subscribing witness and that this said Testator therein signed and executed the same and declared the same to be his last will and testament. And this Deponent further saith that at the time of signing his said will the said Testator was of sound and disposing mind and memory to the best of Deponent's knowledge and belief - Hy. Ed. Hewett
Sworn at St. Johns this eleventh day of November A.D. 1845
E.M. Archibald Comm.

 

 

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 8, 2002)

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