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Will of Colman McCarthy
In the name of God Amen. I Colman McCarthy of Carbonear in the Island of Newfoundland Butcher being in health of body and of perfect mind and memory and knowing that it is appointed to all men once to die do make and ordain this my last will and testament that is to say first of all I give and recommend my soul into the hand of the Almighty God who gave it and my body to the ground to be decently therein interred 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 all my right title and interest in and to the plantation known by the name of Gooley’s Farm to the Right Reverend Roman Catholic bishop of Harbor Grace for the time being in trust and for the sole use and benefit of the Nunnery in this town in perpetuity. Also I give and bequeath to my dear wife Judith McCarthy all my other estate and effects personal and real consisting of lands tenements houses goods chattels debts monies wherever deposited and wheresoever invested and whatever other property estate and effects belonging to me and under my control at the time of my death as her sole property and in her sole right and under her full control and disposal by will or otherwise whom I likewise constitute make and ordain the sole executrix of this my last will and testament herein bequeathing all and singular my lands messuages tenements monies debts and estate personal and real by her freely to be possessed and enjoyed. And I do hereby utterly disallow revoke and disannul all and every other former testaments wills legacies 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 twenty seventh day of March in the year of our Lord one thousand eight hundred and sixty-one.
Coleman McCarthy (LS) Signed sealed published and pronounced by the said Colman McCarthy as his last will and testament in presence of us who in his presence and in the presence of each other have hereunto subscribed our names as witnesses, Celia M. Peters, Joseph Peters, Notary Public, Carbonear.
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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