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Will of Michael Tobin
I Michael Tobin of Long Pond Conception Bay Newfoundland Planter being of perfect and disposing mind and memory do make and ordain this my last will and testament that is to say principally and first of all I give and recommend my soul into the hands of Almighty God that gave it and my body I recommend to the earth when I die to be buried in decent Christian burial as the discretion of those whom my will is drawn in favour of And as touching such worldly estates it has pleased God to bless me in this life I give and dispose unto my wife Sarah Tobin all my right title and interest to and in my plantation situated at Long Pond as aforesaid boundaries and particulars as specified in grant of the same with all buildings erections and improvements there on house household furniture beds bedding clothing and every thing I am now in possession of my said wife Sarah Tobin to freely possess and enjoy it during her natural life or while she remains single as soon as she gets married to another man all her right title and interest or claim to the aforesaid premises goods, chattels or anything above named to cease and get one shilling only It then devolves to my four children namely Mary Tobin, Bridget Tobin, Elizabeth Tobin & Anne Tobin and in case any of them should die her or their shares to be equally divided between the survivors to be possessed enjoyed by them their heirs and to their heirs again never to be sold or mortgaged out of the family or sold or any part of my household furniture gun or property my fishing boats Nets and fishing gear to be sold by my wife Sarah Tobin and in case all my children should die I then will it the said aforementioned estate houses & property to my brothers John Tobin, James Tobin, William Tobin, their heirs and never to leave the family in case my wife Sarah Tobin change her name the property to be rented for the good of the children as John Tobin thinks fit to cloth and school them In witness whereof the testator Michael Tobin have to this my last will and testament set my name and seal this twenty seventh of January eighteen hundred and sixty five. Michael his X mark Tobin (LS) Witness Patrick K. Hickey, James Morgan, John Tobin.
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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