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Will of John Porter Senior
In the name of God Amen. I, John Porter, Senior of Hibb's Hole, Port de Grave, Newfoundland, Planter, being of sound mind and memory hereby revoking any former Will or Codicil to a Will that may have been made for me, do make and declare this my last Will and Testament, namely, I order that all my past debts and funeral expenses be in the first place fully paid and discharged and after payment thereof, I give and bequeath to my four sons that is to say, Richard, Joseph, John and Jacob Porter their heirs and assigns, all that part of the Fishing Room, gardens and plantations, together with all ways, paths and privileges thereunto belonging situated in Hibb's Hole which they separately and respectively at present enjoy. I will that the store and the stage which I at present occupy are to be the property of my two sons, Richard and Jacob Porter, their heirs and assigns to be equally divided between them.
I will first the back lot whipsaw and capelin seine to be the property of my four sons, Richard, Joseph, John and Jacob Porter, their heirs and assigns, share and share alike. I give and bequeath to my four sons, Richard, Joseph. John and Jacob Porter, their heirs and assigns, all the meadow ground under and over the hill as well as the garden ground which I at present occupy to be equally divided among them share and share alike. I give and bequeath to my son, John Porter, his heirs and assigns, the island situated in the cove, Hibb's Hole.
I give and bequeath to my son, Jacob Porter, his heirs and assigns forever the dwelling house which I at present occupy with all the privileges thereunto belonging, the cow, horse now standing in the barn; the small house now known by the name of the Gaft House with all the privileges thereunto belonging with the tool chest lying therein and also my clothes chest that is in the dwelling house. And further order that in case any differences or disputes should arise between any of my sons, Richard, Joseph, John and Jacob Porter, relative to the division of any of the property before mentioned such differences or disputes to be referred to the decision of arbitrators in differently chosen and elected by the parties in dispute and in case of such arbitrators also differing, the dispute to be referred to an umpire chosen by the said arbitrators and the decision of such umpire to be binding by all parties.
John (his mark) Porter (Seal) Signed, sealed and delivered by the witnesses named John Porter as his last Will and Testament this fifth day of September in the year of our Lord one thousand eight hundred and forty-nine in the presence of us witnesses. Jacob Bishop, John Petten.
I hereby certify that the Will of John Porter of which the foregoing is a true and correct copy by John Porter, the Testator was proved before myself on the twenty-fourth day of November one thousand eight hundred and forty-nine by the Affidavit endorsed thereon of John Bishop, one of the subscribing witnesses and the same is in due course hereto actually registered by me this day. Given under my hand this nineteenth day of December one thousand eight hundred and forty-nine.A.D. 1849.
Page contributed and transcribed by Carol Walsh
REVISED BY: Ivy F. Benoit September 27, 2014
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