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In The Name of God Amen
I John Andrews of the Upper Gully being weak in body but sound in mind do herewith make this my Last Will and Testament. That is to say, First I give and bequeath to my wife Elizabeth Andrews, my Land cultivated and uncultivated from the Main Road to the water side which I now Profess as my own. Also, I give and bequeath to my wife Elizabeth Andrews, All my Boats, Seine, House and Furniture such as Chairs, Tables, Crockery of all Kinds, also Beds and Boxes; and in the event of the death of my wife, the House to be given to my two sons William Zacharias Andrews and Charles Andrews. William Andrews is to have the Eastward end, from the Fireplace to the entry partition, and Charles Andrews from the entry partition to the new made fireplace.
The inside Land cultivated and uncultivated, containing about 80 Acres to be divided into Four equal parts- the eastward part to be John Andrews- Alfred Andrews to have the next- William Zacharias Andrews to have the next- Charles Andrews to have the next. The Land outside of my dwelling house belongs to the Fishing Room, and is to be used by my five sons. The Land inside the Stable to be divided into five equal parts. Henry is to have the first strip, Charles the second, William the third, Alfred the fourth John the fifth.
The Branch Road running through my Land is by no means to be stopped by any of my sons. The Stable to belong to William Andrews and Charles Andrews after the death of my wife Elizabeth Andrews. The Boats and Seine to be for the use of all my sons. Charles Andrews, my son, is to have the Potato Cellar. The Cow Cattle, and Sheep and Horse to belong to my wife Elizabeth Andrews- The Horse and Gear to be used by each of my sons with the understanding that they provide an equal share to his support. Each of my children beginning with Henry is to have a Calf. The Stage, Flakes and Store to be used by my four sons until Alfred and John Andrews have an opportunity of building one of their own.
NB. The Flakes are to be used by the five sons.
Signed and Sealed in the presence of us witnesses.
John Andrews His seal
In presence of us witnesses Rev. B. Fleet, Priest
William Butler x His Mark
James Butler X His Mark
March 5, 1866
On back of will:
Henry Andrews His X mark, son of John Andrews
Rev. Benjamin Fleet Priest
William Butler Sen. His X mark
James Butler his X mark
On back of will
St. John's Newfoundland
Benjamin Fleet of Foxtrap in the said District Clerk in Holy Orders Maketh Oath and saith that he was present and did see John Andrews late of Upper Gully in the District aforesaid Planter deceased duly seal publish and declare the will in paper writing as and for his last Will and Testament in the presence of this Despondent as well as of William Butler and James Butler the other subscribing Witnesses thereto which said Witnesses duly signed their names by affixing their marks thereto as such in the presence of the said John Andrews and in the said Will having been first read over to and approved of by the said John Andrews the said Witnesses being present at the same time. And this Despondent further saith that at the time before mentioned the said John Andrews was of sound and disposing Mind Memory and understanding to the best of this desponents Knowledge judgement and belief.
Sworn to before me at St. John's aforesaid this 28th day of June AD 1870 HJ. Wood
Revd. Benjamin Fleet
To The Supreme Court of
The petition of Elizabeth Andrews of Upper Gully in the Central District of Newfoundland Widow
That petitioner's husband John Andrews died at Upper Gully aforesaid about two years ago leaving him surowing his widow (that is your petitioner) five sons Namely Henry, Alfred John, William Zacharias and Charles; all of age except the last named: and two daughters -namely Susanna, wife of George Morgan of Port de Grave, and Naomi, wife of Ebenizer Squires of Chamberlains near Topsail.
That said deceased left a Will which has been proven in common form and is hereto annexed.
That Deceased at his death was posessed of lauded and personal property at Upper Gully aforesaid of the probable value of four hundred dollars.
Your petitioner therefore prays that administration with the will annexed may be granted to her and as in duty bound will ever pray.
St. John's, June 28th,1870
Elizabeth X Andrews
Page Contributed by Randy Whitten (May 2001)
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013 AST)
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