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A Collection of Newfoundland Wills
Moses Power


Will of Moses Power
from Newfoundland will books volume 1 pages 463 & 464 probate year 1845

In re
     Moses Power       deceased.

In the name of God Amen, I Moses Power of Torbay in the Island of Newfoundland being sound of mind and body thanks be given to God but feeling that my years have increased and that I may not be permitted to remain here much longer and being desirous to prevent disputes among my children after my demise touching such property as Providence has placed in my possession do hereby make ordain and constitute this my last will and testament and revoke cancel and set aside all or any will or wills made or said to have been made by me at any time or times heretofore. In the first place I desire that my body may be decently buried beside my loving wife in the grave yard of Torbay and that all my just debts may be forthwith paid and discharged. In the next place I desire and order that all my land at Torbay cleared and uncleared with the exception of that small lot of about five acres which I purchased from the late Peter Power may be partitioned off into three parts or parcels as nearly equal in size and value as the same can be made and that those three lots shall from the day of my death become the property of my three sons James Power, Pierce Power and Michael Power respectively, and that the said lots of land shall descend to their heirs and be theirs for ever. I also desire that my son James shall give up to my son Pierce the house which he now occupies and that the said James shall have and hold the house which I now occupy and and that the lots of land before alluded to shall be in the immediate vicinity of each of the houses respectively. And I desire and ordain that my son Michael shall be minded to reside on his lot of land at Torbay that his brothers James and Pierce shall assist him to build a suitable dwelling house thereon each to the extent of one third of the expense the whole amount not to exceed Sixty pounds and I hereby order and desire that the said lots of lands or the buildings now or hereafter to be thereon shall not be sold or left for any term or terms to any person whosoever excepting from one of my sons to another or their heirs respectively and if either of my said sons shall fail to observe this order it is my desire that he shall forfeit and loose his share as provided which said share shall be equally divided between the other two. The small lot of about five acres before alluded to which I purchased from the late Peter Power I give and bequeath to my beloved grandsons Moses Power and Patrick Power they being children of my late son Patrick Power & their heirs for ever, and if either of the said Moses Power or Patrick Power shall die the whole of the lot to go to the survivor.
All my land and tenements at Middle Cove I give and bequeath to my daughter Catherine Roach and her children the same to be for ever for her and their use and benefit reserving however a small portion not exceeding five acres with a portion of water frontage which said reserved lot I give and bequeath to my son James his heirs and assigns for ever.
I also desire that all stock and cattle that I may be possessed of at my death shall be equally divided between my three sons James Pierce and Michael and that my household furniture shall be divided between James and Pierce. I hereby appoint and ordain my friend Patrick Kough of Saint John's (Builder) to be sole executor for carrying out my intention in this my last will and testament. Moses Power (LS)
Signed sealed published and delivered at Saint John's this eleventh day of September eighteen hundred and forty three after writing the word "Sixty" on an erasure on the sixth line of the second page. Subscribing witnesses, Jno. Jos- Kough.     Thos. J. Kough.

Saint John's August 4th 1844. On reconsidering this my last will and testament I am disposed to make some partial alterations more particularly with respect to the fourth paragraph which provides that my sons Pierce and James shall exchange dwelling houses. Now I order and ordain that my son Pierce shall hold and occupy the house and that portion of the land which appertains thereto I at present reside in during his natural life and at his death it shall become the property of my son James and his heirs for ever. And the house at present occupied by my said son James shall then become the property of the heirs of my said son Pierce. I also ordain that the sum of sixty pounds mentioned in the said fourth paragraph be changed to and reduced to fifteen pounds currency. I also ordain that the sum of five pounds currency be paid out of my effects to the Roman Catholic Bishop of Newfoundland for suffrages for my soul. Moses Power (LS) Signed & sealed in presence of Thos. J. Kough.     Michael Scanlan.

Certified Correct,
D. M. Browning



Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written 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 and Ivy F. Benoit

Page Revised by Ivy F. Benoit (April 16, 2003)

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