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Will of James Whelan
This is the last will and testament of me James Whelan of Twenty Mile Pond in the Island of Newfoundland on this sixth day of November eighteen hundred and fifty seven. I direct that all my estate after my decease I give devise and bequeath unto my wife Betsey Whelan to have the use and enjoyment of all such parts of my estates and from and after her decease I give devise and bequeath the same and every part thereof unto my children Edward Whelan and Mary Whelan as under mentioned, viz. that from and after the decease of me and my wife my son Edward Whelan is to enjoy poses and to hold for and during the term of said lase or grant that piece or parcel of ground or land consisting of in or about twelve & ¼ acres situated North West of Twenty Mile Pond with dwelling house and all other out offices thereon together with all horses cattle emplements &c. also that piece or parcel of land in my posetion situated south of twenty Mile Pond consisting of in or about four acres the said Edward Whelan after the decease of me and my wife to have full claim and power to poses and enjoy the above mentioned articels and also that my daughter Mary Whelan is to be provided for in the same manner as she has been by the said Edward Whelan that is to say with clothing and food necesery for her mantenance until she the said Mary Whelan wishes to do for herself My daughter Mary Whelan from and after the decease of me and my wife to enjoy poses and hold that piece or parcel of land situated north west and midway of Twenty Mile Pond called by name as Whelan’s Lookout consisting of thirty acres from and after such deceases the said Mary Whelan to have full claim and power to poses and enjoy the aforesaid piece or parcel of land In witness whereof I the said James Whelan have to this my last will and testament set my hand this sixth day of November one thousand eight hundred and fifty seven. James his X mark Whelan. Witnesses Michael Kelly.
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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