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A Collection of Newfoundland Wills
As always, confirm these, as you would any other source material.
Will of John Purcell
from Newfoundland will books volume 1 pages 573 to 575 probate year 1849
John Purcell deceased.
In the name of God Amen. Know all men that I John Purcell of Portugal Cove in the Island of Newfoundland finding I am about being called upon by Almighty God being weak in body but of sound mind do make this as my last will and testament. In the first place I bequeath my soul into the hands of God who gave it and my body to the earth from whence it sprung All my debts being first paid I bequeath all the property belonging to me in Portugal Cove aforesaid and in St. John's both real and personal in the following manner. All my property in Portugal Cove consisting of two fishing rooms with their appurtenances all the lands belonging to and claimed by me together with my house in said Portugal Cove and all the furniture and everything appertaining thereunto I bequeath and make over unto my wife Elizabeth and my two children Caroline Purcell and Stephen Purcell each to have an equal part of all said property in Portugal Cove But if my said wife Elizabeth should get married again after my death she is to forfeit and resign her part and claim on said property in Portugal Cove aforesaid which part is to be divided equally between my two children Caroline Purcell and Stephen Purcell and should my said daughter Caroline Purcell live to be of age to marry and should get married, in the last case then I mean her getting married she is to resign and forfeit her claim also to said property which part of hers is to fall into the hands of my son Stephen Purcell.
In the next place I bequeath and make over the interest arising every year out of the sum of one hundred and thirty five pounds sterling unto my wife Elizabeth for her benefit and for the benefit of her children Caroline Purcell and Stephen Purcell and after the term of ten years or when the time has expired for the said one hundred and thirty five pounds sterg to be received, the said sum of one hundred and thirty five pounds sterling is to be applied for the maintenance of my said children Caroline Purcell and Stephen Purcell as by that time (should they live so long) they will not be able to do and act for themselves.
Then it is my will that after the lapse of ten years all my property which I now hold in St. John's (I mean land property) will fall into the hands of John Purcell my son by my first wife, and I do hereby bequeath the same unto him after the lapse of ten years. Also it is my will and I do hereby appoint my son John Purcell aforesaid to act as an agent on all the property in Portugal Cove and in St. John's and to collect all the rents and receive all the profits arising therefrom and hold the same over and pay out of them the sum of ten pounds currency or according to her wants unto my wife Elizabeth for the support of herself and her children and if there be any money remaining on my son's (John Purcell's) hands after paying to my wife the aforesaid sums of ten pounds Curry or more if she do require it, the difference is to be held over by him the said John Purcell my son for the benefit of my wife Elizabeth and her children Caroline Purcell and Stephen Purcell, And as long as my wife Elizabeth remains unmarried after my death she is to have one third of all the property in Portugal Cove to support herself and after the remainder is divided equally between my daughter Caroline and my son Stephen when they are capable of acting for themselves, but if she (my wife) should get married after my death she is to forfeit and resign her claim and part of each and every part of the property in Portugal Cove aforesaid and is to have nothing whatever to do with any of my property in St. John's or in Portugal Cove. And if my children Caroline and Stephen Purcell should not survive until the sum of the before mentioned one hundred and thirty five pounds sterling or for the space of ten years the said money one hundred and thirty five pounds sterling will become the property of my son John Purcell aforesaid, and if my children Caroline and Stephen Purcell aforesaid should not live to occupy the property in Portugal Cove then and in that case the said property fall into the hands of my son John Purcell aforesaid to become his for ever, and if either of the parties my wife, my daughter Caroline and my son Stephen should die then and in this case his or her part or parts will fall into the hands of him or her who will survive.
In the last place I do hereby appoint and authorise Denis Hanlon and Thomas Fitzgerald to be the executors of this my last will and testament to see and have this my last will and testament fulfilled according to my intentions as herein laid down.
In witness whereof I have hereunto put my hand and seal at Portugal Cove aforesaid this ninth day of June in the year of our Lord one thousand eight hundred and forty nine.
John Purcell (LS)
Signed sealed and delivered in presence of
John Purcell Junr Elizabeth her x mark Purcell, Denis Hanlon. Thomas his x mark Fitzgerald.
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 & Ivy F. Benoit
Page Revised by Ivy F. Benoit (May 13, 2003)
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