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Will of Michael Pendergast
In the name of God Amen The last will and testament of Michael Pendergast of Logy Bay district of St. John’s in the Island of Newfoundland Farmer and Room-keeper made this twenty aith 28th day of May in the year of our Lord one thousand eight hundred and fifty nine. I Michael Pendergast being now in a sound and perfect state of of mind and memory but in a very imperfect state of bodily health and knowing that it ordained for man once to die do hereby make this my last will and testament and regulate and dispose of my worldly substance as follows while I have power and capacity to do so, First I resign my soul to Almighty God who gave it me and my body I leave to the disposial of my family for interment with decorum
Secondly I do will and bequeath unto my beloved wife Margaret my dwelling house household furniture outhouses live stock carts cars ploughs &c. &c. together with my farm situate in Logy Bay aforesaid comprising about twenty five acres in two lots to have and to hold and to enjoy during the full time and term of her natural life or as long as she remains unmarried after my disease but if she my wife Margaret will get married after my disease then she shall be cut off to one shilling sterling and have no claim whatsoever on any part of the abovementioned property. Also I do will and bequeath that my wife Margaret aforesaid shall have power of managing affairs concerning the house and land as she now does without control or molestation from any of my children but she my wife Margaret shall not have the power to let sell or dispose of in any form the whole or any part of the abovementioned property during her life
Thirdly I do will and bequeath my fishing room situate in Logy Bay consisting of my stage flakes boats nets and all other appurtenances thereunto belonging to my three sons Matthew Patrick and Richard to have and to hold the same jointly and their heirs for ever on the following conditions that my three sons aforesaid shall not have the power to let sell or dispose of the whole or any part of the above mentioned fishing room at any time and if it should so happen that any one of my my three sons Mattw Patrick or Richard would fancy to go to sea or leave this country the abovementioned fishing room must remain in the possession of the other two without making any remuneration to him that will go away and if two of my three sons above named would fancy to go away or leave this country the above mentioned fishing room must still remain in the possession of the one that remains without making any recompense or remuneration to either of the two that should go away- Also I do will and bequeath that the proceeds of the aforesaid fishing room shall go to the maintenance of my wife Margaret and the whole family as it now does and each and every one of my children to work together unanimously as they now do for the good of all
Fourthly I do will and bequeath the lot of land situate where my dwelling house now stands to my two sons Matthew and Patrick after the death of my wife Margaret aforesaid to have and to hold the same and their heirs for ever on the following conditions that if either of my two sons above named should desire to leave this my dwelling house and to get up a house of his own upon his half of the aforesaid lot of land he that remains in this my dwelling house shall assist him that will leave; gratis to build a dwelling house and finish it off and the one that will remain with his mother, my wife Margaret, shall hold possession of this my dwelling house after the death of my wife Margaret and the above mentioned lot of land shall be made two even halves of and one half given to each of my two sons Mattw and Patrick and the division to be made to the best advantage of each as circumstance will permit I do will and bequeath unto my son Richard that lot of land belonging to me situated at the Logy Bay fish road bounded on the south and west by land belonging to Mrs. Hatchett and James Lambert and on the north by land belonging to Michl Dyer to have and to hold the same and his heirs for ever on conditions that he my son Richard or either of my two sons Matthw or Patrick shall not have the power according to this my last will and testament to let sell or dispose of the whole or any part of their portion of land at any time,
I do will and bequeath unto my daughter Eleanor forty pounds currency and to my daughter Catherine twenty pounds currency and to my daughter Mary twenty pounds currency the above sums is to be paid to the three girls respectively by my three sons Mattw Patrick and Richard out of the proceeds of the fishery or farm as above stated and in default of paying the three girls their respective sums by my three sons as above named the three girls as above named shall have a proportionate share of the above mentioned land willed to my three sons after the death of my wife Margaret Also that the three girls as above named shall remain with their mother my wife Margaret as long as it may suit them and to get competent wages every summer for their labour and when it will suit either of them to get married or to settle themselves otherwise each of them is to get the sums above mentioned from my three sons Mattw Patrick and Richard. Lastly I do will and bequeath that my wife Margaret and my three sons as above named shall pay for four Masses each year for five years after my disease for the benefit of my soul. In witness whereof I do hereby sign my name and seal and publish and declare this to be my last will and testament in the presence of the undersigned witnesses the day and year above written,
Michl Prendergast (LS) Signed sealed published and declared by the said Michael Pendergast in our presence who in his presence and in the presence of each other and at his request do subscribe our names and signature the day and year above written,
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. 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.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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