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Will of James Penney
In the name of God Amen. I James Penney of Saint John’s, Boot and Shoemaker being sick and weak of bodily health but of sound mind and memory but considering the uncertainty of this transitory life do make this my last will and testament in manner and form as follows, viz- I first will give and bequeath my immortal soul into the hands of the Almighty God who gave it, and next my body to the earth to be entered in a decent and Christian like manner and I request all my just and lawful debts to be paid. I next will and bequeath to my beloved wife Honora Penney all my interest profits and issues of rents &c. arising out of the houses built by me and all others in my occupancy my garden &c. and all my household furniture beds bedding watch cloathing and all other property belonging to me or in my name for her the said Honora Penney to make use of said income houses and property after my decease as she may think fit during her natural life and prior to her death she will be at liberty to will it to those she may think most deserving of the same- and should it so happen prior to the death of my beloved wife Honora Penney that an accident might happen to her son John Crow so as to cause his death then I will and bequeath the said property after my wife’s decease or such part as may then remain to be disposed of by my executors and to be given up to the Rt. Revd. Doctor Mullock for Masses to be said for her and my immortal souls- I next will nominate and appoint Mr. John O’Mara and Mr. John O’Neill to be my executors to have this my last will and testament executed- In witness whereof I the said testator have hereunto my hand and seal subscribed and sett at Saint John’s Newfoundland this fourteenth day of March in the year of our Lord one thousand eight hundred and fifty one- 1851 - James Penney (LS) Signed, sealed and delivered in the presence of witness James Hackett, John Walsh.
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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