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Will of Thomas O’Brien
In the name of God Amen. The twenty-second day of May one thousand eight hundred and seventy nine. I Thomas O’Brien of Kings Cove Bonavista Bay Black Smith, being very sick and weak of body but of perfect mind and memory thanks be given unto God therefore calling unto mind the mortality of the body knowing that it is appointed unto all men once to die do make and ordain this my last will and testament, that is to say principally and first of all I give and recommend my soul into the hands of Almighty God who gave it and my body I recommend to the earth to be buried in decent Christian burial at the discretion of my executors not doubting but at the general resurrection I shall receive the same again by the Almighty power of God And as touching such worldly estate wherewith it has pleased God to bless me in this life I give demise and dispose of the same in the following manner and form First I give and bequeath to Ellen my beloved wife all and singular my houses and lands as now occupied by me also the interest of three hundred and twenty pounds deposited in the Union Bank by me to be truly enjoyed by her and paid her each and every year by my executors hereinafter named Also I give and bequeath to my well beloved sons-in-law Patrick Lawton & Joseph Aylward one hundred and sixty pounds each to be raised out of the Union Bank after my wife’s decease I also appoint said Patrick Lawton and Joseph Aylward my sole executors of this my last will and testament I also give and bequeath said Joseph Aylward All the houses and lands with the appurtenances after my wife’s death to be freely enjoyed by him his heirs and assigns. The furniture of every description is to remain as it is during my wife’s lifetime that is nothing can be sold or disposed of without the permission of my executors. And I do hereby utterly disallow revoke and disannul every other former testaments wills legacies bequests by me in any ways before willed or bequeathed ratifying and confirming this and no others to be my last will and testament In witness whereof I have hereunto set my hand and seal the day and year above written. Thomas O’Brien (LS) Signed sealed pronounced and declared by the said Thomas O’Brien as his last will and testament in the presence of us the subscribers Michl C. Walsh. Edward Long.
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.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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