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Will of Thomas Mitchard
I Thomas Mitchard of Twillingate Newfoundland being of sound mind memory and understanding considering the uncertainty of life do make this my last will and testament as follows,
First I give and bequeath to my two sons William and Thomas and John Moss Junr who has behaved to me as a son all my fishing room and all property on the aforesaid fishing room and lands which consist of skiffs nets tools & utensils &c. equally between the three before named parties William and Thomas Mitchard and John Moss Junr and their heirs the aforesaid property never to be sold, mortgaged or to go out of the family, further the house I now live in and all the furniture I give to my two sons and John Moss Junr equally between them all three to live in one house namely the one I now live in as long as they agree and in case of any dispute or disagreement arising between them all three to help each other to build one or two more houses and all three to bear an equal part of the expense of the aforesaid house or houses
Second. I give to my three daughters Rachel Mitchell, Jane Roberts and Martha Hancock forty pounds each-
Third Whatever remains after paying funeral and other expenses which now amounts to about two hundred and fifty pounds I give to my two sons William and Thomas and John Moss Junr equally between them to share and share alike and I name Peter Samways and Jonathan Mitchell to be Trustees to the within named property.
Thomas his X mark Mitchard. Signed and sealed by the aforesaid Thomas Mitchard as 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 this sixth day of Feby one thousand eight hundred and sixty six.
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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