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A Collection of Newfoundland Wills
As always, confirm these, as you would any other source material.
Will of Mary Walsh
from Newfoundland will books volume 1 pages 354 & 355 probate year 1841
Mary Walsh deceased.
In the name of God Amen. Dated at Saint John's in Newfoundland 5th June 1840 (forty) I Mary Walsh widow of the late deceased John Walsh of the town and Island aforesaid Publican being at present very sick and weak in body but of perfect sound and disposing mind and memory thanks be given unto God therefore calling to mind the mortality of my body and knowing that it is appointed to all men once to die do make and ordain this to be my last will and testament First and principally of all I give and recommend my soul into the hands of Almighty God and my body I recommend to the earth to be buried in decent Christian burial and as touching such worldly estate wherewith it hath pleased God to bless me with in this life I give and bequeath the same in the following manner and form.
First I desire and request that all lawful debts (if any) and my funeral expenses shall be paid as soon as possible after my interment. I give and bequeath all my landed and household property money debts and all other effects to all my beloved children namely Michael, James, Mary, Elizabeth and John by even and equal portions to each of them respectively so long as they live peaceably and quietly and doing their best endeavour to promote their mutual interest but it is my express desire and request that if at any future time one or any of my sons aforesaid (James particularly) should by improper behaviour or language prove very annoying to and trouble some to my daughters aforesaid or any of them that then and from thenceforth the portion of my property to him or any of them now bequeathed and who may become troublesome as aforesaid shall revert to the rest of my children who are well conducted by equal portions among them and the person so becoming annoying or troublesome shall be deprived of and excluded from a participation in any part of my landed and household property and effects and expelled therefrom.
I desire that my son Michael shall superintend the domestic concerns of my children and I desire that John when of proper age shall be bound to a trade. I give and bequeath two feather beds and bedding to Mary, to feather beds and bedding to Elizabeth and one feather bed each to my three sons.
I hold thirty guineas in Gold which I desire to be handed over to Bishop Fleming and by his Lordship to be refunded by even and equal portions to my children as his Lordship shall deem fit or wanting to them. If at any time one or more of my children shall marry and consequently demand his or their share of the property now bequeathed it is my desire and request that the rest of my children will agree and arrange in an amicable manner and mark out the portion so as to satisfy all my children that the portion is as near as possible a proportionate share
And I nominate and appoint Mr. Luke Doyle and Mr. Stephen French both of Petty Harbour to be the Executors to this my last will and testament and hereby declaring null and void all other wills testaments legacies and bequests heretofore by me made willed and bequeathed ratifying this and no other to be my last will and testament.
In witness whereof I the said Mary Walsh have hereunto set my hand and seal at St. John's aforesaid the day month and year first above written. Mary her x mark Walsh (LS)
Signed sealed published pronounced and declared by the said Mary Walsh as her last will and testament in presence of Hy Devereux, Luke Doyle, Stephen French.
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 (March 18, 2003)
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