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Will of Timothy Mitchell
The last will and testament of me Timothy Mitchell General Superintendent of the Police Constabulary for the Island of Newfoundland. I give devise and bequeath unto my daughter Mary all that freehold estate situate on the Old Portugal Cove Road near the town of St. John’s and known as “Friendly Hall” to and for her own use and behoof absolutely and not to be subject to the debts control or management of any husband to whom she may marry, but should my said daughter die without issue and not having disposed of the said estate by will or otherwise I give devise and bequeath the same to my son Timothy. I give devise and bequeath unto my wife Elizabeth all the remainder of my freehold and leasehold estate vizt the farm known as Merry Meeting Farm situate on the Freshwater Road also all that piece or parcel of land containing about seven acres more or less situate on the Newtown Road also all that piece or parcel of land containing about four acres more or less situate on the Pennywell Road, also all that estate or plantation known as “Flahavans farm” situate on the Newtown road, also all that piece or parcel of land and the dwelling-houses thereon situate on Barters Hill. Also all the unexpired term of years and interest in and to the piece or parcel of ground and the dwelling houses thereon situate on Prescott Street and held under lease from the late Mr. Arthur Kavanagh also all my unexpired term and interest in the piece or parcel of ground and all dwelling houses thereon situate in Flahavans Lane and held under lease from Messrs. Brooking and Company. Also the unexpired term and interest in the “Glebe Field” to and for the use and behoof of my said wife Elizabeth and to be at her absolute disposal. I also give and bequeath unto my said wife Elizabeth all the cattle of every description that I may die possessed of and all my household furniture and moveable effects whatsoever together with all the rest residue and remainder of my estate wherever situate. And having every confidence in the discretion of my said wife who has in a great measure assisted me in the accumulation of the before mentioned property and should she survive me will make a fair and equitable distribution of it among our children I do hereby nominate and appoint my said wife Elizabeth sole executrix of this my said will which I hereby declare to be my last will and testament revoking all former or other will or wills by me at any time heretofore made or published. In witness whereof I have hereunto subscribed my name and affixed my seal at St. John’s in the Island aforesaid this thirteenth day of April in the year of our Lord one thousand eight hundred and sixty eight.
Timothy Mitchell (LS) Signed sealed published and declared by the said Timothy Mitchell the testator as and for his last will and testament in the presence of us who in his presence and the presence of each other have subscribed our names as witnesses to the due execution thereof and also on the margin of the preceding page,
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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