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A Collection of Newfoundland Wills
As always, confirm these, as you would any other source material.
Will of Mary Mitchell
from Newfoundland will books volume 2 pages 485-486 probate
Mary Mitchell deceased.
This is the last Will and Testament of me
Mary Mitchell of Harbor Grace in the Island of Newfoundland
Widow being of sound mind and disposing memory I will and desire that my funeral
expenses and just debts be paid out of my estate by my Executors hereinafter
named. I give and devise all that piece and parcel of land with three houses
thereon described in a grant from the Crown thereof to me bearing date the
first day of July One thousand eight hundred and fifty seven as “all
that piece and parcel of land situate and
being on the point of Beach Harbor Grace abutted and bounded as follows that
is to say by a line commencing at a point near the north and west angle of
Thomas Ridley’s ground close to the east side of Cochrane Street thence
running with Cochrane Street by the magnet in eighteen hundred and fifty seven
north fifty eight feet ten inches more or less thence bounded on the north
by Patrick Butler running east thirty feat seven inches, thence bounded on
the east by Robert Lee Whiting running south fifty six feet four inches thence
bounded on the south by Thomas Ridley running South eight five degrees thirty
west thirty feet six inches more or less to the place of commencement saving
and reserving to the public use Cochrane Street its present width with the
appurtenances as follows that is to say, I give and devise the said land hereinbefore
recited and described and two of the houses thereon, that is to say, the house
I now live in and the house to the south of the said house with all and every
the appurtenances unto Thomas Mitchell Mary Mitchell and Sarah
son and daughters and their heirs forever I
give and devise the other house upon the said land unto John Mitchell my eldest
son and his heirs for ever provided that he live in Newfoundland, otherwise
the house shall then go to the said Thomas Mitchell, Mary Mitchell and Sarah
Mitchell and their heirs. I give devise and
dispose of the sum of three hundred and eighty pounds belonging to me and now
in the hands of Messrs. Brooking & Son of Saint Johns Newfoundland, as
follows, that I give and devise the sum of two hundred and eighty pounds part
thereof unto Thomas Mitchell Mary Mitchell and Sarah
Mitchell aforesaid their
executors administrators and assigns to be equally divided amongst them. I give and devise the sum of one hundred pounds, the remainding portion of
the said sum of three hundred and eighty pounds unto Ellen Mary Donovan my
granddaughter on her attaining the age of twenty one years provided she act
according to her uncle’s wishes. I appoint
John Mitchell and Thomas Mitchell my said
sons to be executors of this my last will and testament. I
revoke all other and former wills codicils and testamentary dispositions ever
made by me and declare them null and void and that this alone shall stand as
my last will and testament. In witness whereof I have hereunto
subscribed my hand and seal at Harbor Grace aforesaid this fifth day of February
one thousand eight hundred and sixty two. Mary her
X mark Mitchell (LS) Signed and sealed
by the above named testatrix Mary Mitchell as and for her last will and testament
in the presence of us present at the same time who at her request in her presence
and in the presence of each other have subscribed our names as witnesses, the
word ‘south’ interlined on the second page and the words ‘provided
she act according to her uncles wishes’ being interlined on the third
page having been first read and explained to said testatrix, Michael
Hartry, Matthew Cripps.
D. M. Browning
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.
Contributed by Susan Snelgrove, Uxbridge, ON and by Judy Benson as part
of the wills project
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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