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Will of Thomas Tizzard
In the name of God Amen- I Thomas Tizzard of Twillingate in the Northern District of Newfoundland a native of the Parish of Strickland in the County of Dorset do make this my last will and testament
First I give devise and bequeath that part of my fishing Room which I now occupy and the dwelling house in which I now reside situate in Back Harbor Twillingate aforesaid together with outhouses, stage, flakes, gardens, boats, skiffs & netts with all the appurtenances in short whatever is mine or whatever I may have any lawful claim to at the time of my death unto my sons John Tizzard and Robert Tizzard their heirs executors and assigns to be subject nevertheless to the following conditions that is to say my daughter Susan Tizzard shall have a right to residence on the room and maintenance therefrom so long as she continues unmarried and so long as she rendering such reasonable assistance to her brothers as may be in her power.
Secondly that part of my fishing room situate and bounded on the south by the aforesaid devised premises with all the gardens which is now occupied by my daughter Jane Warr (widow of the late James Warr deceased) and George Warr and Simon Warr her sons I give and devise to my said daughter for the term of her natural life or during such term as she shall remain unmarried But it is my will that if she shall marry or at her decease then the said fishing room shall belong jointly and equally to her sons and daughter or to as many of them as shall then be living for their mutual benefit so long as they shall live together upon the said Room but at either of their deaths or on either of their quitting the said Room to reside elsewhere then their interest therein shall cease. And be it understood that it is my will that the said Room shall always continue to remain for the mutual and joint use of my said grandchildren who shall continue to reside upon the said Room and to the last survivor or assigns.
Lastly I hereby nominate constitute and appoint John Tizzard and Robert Tizzard hereinbefore named executors of this my last will & testament. In witness whereof I have hereunto set my hand and seal this sixteenth day of April in the year of our Lord one thousand eight hundred & forty-five-
Thomas his X mark Tizzard (LS) The within written last will and testament was signed sealed published and declared by the within named Thomas Tizzard and he being blind the same was carefully and audibly read over to him in the presence of us, James Rice, Thomas Peyton.
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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