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Will of John Pendergast
In the name of God Amen. I John Pendergast native of Newfoundland resident of Quidi Vidi being ill in health but in perfect mind and memory thanks be given unto God therefore calling to mind the mortality of my body and knowing that it is appointed unto all men once to die do appoint this my last will and testament that is to say Principally and first of all I do bequeath my soul to Almighty God my body to earth to be buried in decent Christian burial at the discretion of my executors and as touching my wordly estate I do bequeath it in the following manner or form I do give and bequeath to my beloved son Garet a fishing establishment situate on the south side of Quidi Vidi now under lease to Martin Kough for a term of forty years at a lease rent of eight pounds per annum my son Garet to have the fishing room as his property when he attains the age of twenty one years and untill that period my beloved wife Mary to receive the rent of the said fishing establishment I do give and bequeath to my beloved daughter Sarah all that piece or parcel of ground situate at the foot of Quidi Vidi Pond and generally known by the name of the three corner field and bounded by John Squire on the north also a piece of ground on each side of the Quidi Vidi Road north east and joined by John Hennessery of the Bridge now lying waste to be by her enjoyed at her sole will and disposal, And I do bequeath to my sons Thomas and Garet and my daughter Frances, the farms situate on the White Hills to be by them held and enjoyed the said farms to be under the full and entire control of my beloved wife Mary during her natural life but without the power of altering in any way the intention of this testament and after the decease of my wife Mary the said farms to be equally divided between my sons Thomas and Garet and my daughter Frances, And I do make and appoint John O’Donnel to be my sole executor of this my last will and testament revoking and annulling all former wills testament and legacies declaring this to be my last and no other In witness whereof I have hereto set my hand this fourth day of November in the year one thousand eight hundred and fifty six, John his X mark Pendergast (LS) Witness, John O’Donnell Henry E. Newell.
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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