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Will of Robert Penny
In the name of God Amen. I Robert Penny of Kiels in the Northern District of the Island of Newfoundland Planter being of sound disposing mind memory and understanding but weak in body and mindful of the uncertainty of life do make and publish this my last will and testament in manner following that is to say I wish the new boat Thomas Carpenter and Charles Penny are building and also the boat I bought this fall to be sold and the proceeds to be added to the money I die possessed of, and out of that sum I wish my just and lawful debts to be paid and also I wish to leave twenty dollars to my niece Abigail Quinton also twenty dollars to my nephew Robert Penny son of Charles Penny, also forty dollars to my servant John Simmonds and all the rest of my ready money I devise to my wife Abigail Penny for her sole use and benefit I also devise one half of my boat called the Swan to my brother Thomas Penny I also devise all the rest of my property whatsoever the same may be and wheresoever situate to my wife Abigail Penny and my nephew Thomas Penny son of Isaac Penny in equal shares provided always that if my wife Abigail Penny aforesaid shall marry again then her share of the property shall go to my nephew Thomas Penny provided also that if my said nephew Thomas Penny shall die without issue his share of the property shall go to my nephew Robert Penny son of Charles Penny, provided also that the parlour and bedroom in my dwelling house in Kiels shall belong to my wife Abigail Penny and I hereby appoint my wife Abigail Penny aforesaid to be sole executrix of this my last will and testament. In witness whereof I have hereunto set my hand and seal this tenth day of December in the year of our Lord one thousand eight hundred and seventy-five-
Robert X Penny (LS) Signed sealed and delivered by Robert Penny as and for his last will and testament before us, who in his presence and in the presence of each other have hereunto subscribed our names as attesting witnesses. Philip J. LeVisconte of Kings Cove. William Kirby, Clerk in Holy Orders, Kings Cove.
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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