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Will of John Marshall
This is the last will and testament of me John Marshall of Saint John’s in the Island of Newfoundland, Fisherman, First, I bequeath to my sons George and David all my right title and interest in and to that certain piece of land situate in Maggotty Cove near St. John’s aforesaid measuring in the front nineteen feet eight inches and in the rear nineteen feet six inches and from front to rear sixteen and one half feet together with the house erected thereon, the upper tenement of said house I bequeath to my said son George and the lower tenement of said house I bequeath to my said son David- the lot of land in the front of the said house I bequeath to my daughter Mary Ann- To have and to hold the same to them their heirs executors and administrators for ever on their respectively attaining the age of twenty one years- The house I now live in being known as Number 2 Lot I bequeath the upper tenement to my said son John and the lower tenement to my son Thomas on their attaining the age of twenty one years as aforesaid - All the remainder of my goods chattels and effects of every description I hereby bequeath to my sons John, David and Thomas and my daughter Mary Ann on the express condition that they shall support my beloved wife Charity Marshall so long as she remains a widow and unmarried- the same to be divided share and share alike on their becoming of age as aforesaid. Lastly I constitute and appoint my said wife Charity sole executrix of this my last will and testament
St. John’s, Newfoundland, September 5th A.D. 1864. John his X mark Marshall (LS) Signed by the said testator (by affixing his mark) sealed published and declared as and for his last will and testament in the presence of the subscribing witnesses hereto, in his presence as well as in the presence of each other (the words "oldest" "six inches" being interlined and the words "front" and "said" being stricken out on the first page) the same having been first read over distinctly to the said testator, David Marshall, W.T. Wood.
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. 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 & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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