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Will of John de la Power Senior
In the name of the Father of the Son and of the Holy Gost Amen. I, John dela Power resideing for many years on the north side of Tor Bay do hereby make this my last will and testament revokeing all other wills if I ever make any But this my last will I give unto my two grand sons Patk dela Power and John dela Power brothers and sons of my son Nicholas dela Power, all my rights and title and interest for ever in and to that large farm belonging to me on the north side of Tor Bay bounded by William Ryan on the east and bounded by Johnathon Bradbeary and Jacob Bradbeary bounded to the south and bound by the main road leading from Tor Bay to Flat Rock allso I give and for ever and bequeath to Patrick dela Power and John dela Power my foresaid grandsons all that meadow ground in a streat line across to Wm Bryan room meadow down to the old road leading from the cove to Martin Maguires house and allso bounded by Charles Tapper land east and allso I give and bequeath my fishing room and meadow attached to it for ever if God shold be pleased to call on both grand sons If their father is alive he may have all the landed property that I give his sons my two grand sons, should my son Nicholas dela Power depart this life before the wife Allice Power she is not to enjoy one inch of my landed property given to the two fore mentioned grand sons nor any of her father Michael Cullin nor any of that name Cullin shall ever engoy any of the said property should there none of my family of the dela Powers a live to engoy it it is to be sold, and what is received for the sale of said premises to be given and paid to the church for Masses to be said for the souls of the family I allso give and bequeath to Johana dela Power grand daughter of John dela Power all that piece of land situated at Big Gallows Cove Pond at Tor Bay aforesaid bounded west by Gallows Pond and main road to Flat Rock bounded south by a small road and Philiph Howlet land bounded north by Doodleys land bounded south west by the main road I allso give and bequeath to my two grand sons Patrick and John dela Power sons of Nicholas dela Power the following house hold furniture, viz. seven chairs, 1 large table one small table 1 clock two feather beds and beading two bead steads one dresser eight pictures one mirror one chest drawers one lot of books over one hundred my trunk and its contents the above bequests are for the sole use and benefit of the legatees above mentioned free and independent of any support they may receive from there parents and the same shall not be liable for any debts contracted by their parents this is my last desire- I allso give and bequeath to my son John dela Power that piece of land commonly called Elswarthey bounded east be Bradbeary land west by Tappers Cove south by William Ryans small meadow belonging to his fishing room north by Molloys land- In witness whereof I have here into set my hand and seal at Saint Johns aforesaid hereby revokeing all others wills by me at any time heretofore made dated this third day of October in the year of our Lord one thousand eight hundred and sixty four. John dela Power (LS) Signed sealed and executed by the said testator as for his last will and testament who in his presence and at his requests have placed our names as witnesses thereto, James Cantwell, Rob. R. Holden.
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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