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Will of Johanna Palk
In the name of God Amen. I Johanna Palk of St. John’s
in the Island of Newfoundland Widow being old and infirm in body but of sound
First It is my will and desire that the brick house belonging to me situate in Water Street in the town of St. John’s between Mr. Fox’s and Mr. Manning’s, the unexpired term of lease being twenty one years of said house together with a new feather bed belonging to me and a mahogany sofa and whatever hay is on the premises I now occupy and belonging to me be sold in the spring to pay the ground rent that is now due on said brick house as well as all other lawful debts that now are or shall be due by me.
Second it is my will and desire that my son John Palk and my daughter Mary Ann Harvey shall have the use and enjoyment and possession of the dwelling house I now live in as well as the garden and fields belonging thereto for their joint use and it is expressly to be understood and this bequest is on the condition that should the said John Palk at any time marry he the said John Palk shall forfeit and have no claim or right to any part or portion of my property whatsoever and his share of my property shall go to Mary Ann Harvey and Eliza Palk-
Third That it is my will and desire that my daughter Eliza Palk shall always live and reside in the house I now occupy with my said son John Palk and said Mary Ann Harvey and that she the said Eliza Palk is to have the house or Cottage now occupied by and leased to Mr. Wheatley for her maintenance and support as long as she lives Also my feather bed and bedstead chest of drawers dressing glass and all my clothes.
Fourth- It is my will and desire that after the death of my said daughter Eliza Palk half of the cottage occupied by Mr. Wheatley and before bequeathed to her shall be left and shall go to my daughter Jane Gibson in Canada for her use and benefit and after her death to my grandson John Gibson for his use and benefit and the other half to said Mary Ann Harvey and John Palk.
Fifth- It is my will and desire that as long as my son John Palk lives on the premises I now occupy and remains unmarried he is to have the use of my horse and all the farming utensils belonging thereto-
Sixth- It is my express wish and these bequests within made are on the conditions that none of my property (excepted what is herein ordered to be sold) be sold or disposed of out of the family unless the said property ordered to be sold should not be sufficient to pay my just debts. Lastly I appoint William Blackler of St. John’s Planter to be executor under this my last will and testament. In witness whereof I have hereunto set my hand and seal as and for my last will and testament this sixth day of January A.D. one thousand eight hundred and sixty five at St. John’s aforesaid- Johanna her X mark Palk (LS) Signed sealed published and declared by the said Johanna Palk as and for her last will and testament in our presence and in the presence of each other who have hereunto set our hands on the day and year and place first above written-the said will having first been distinctly read over to and understood by the testatrix the alterations in two places on the other side having first been made, Augustus O. Hayward, George Bursell.
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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