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Will of Thomas Whelan
In the name of God Amen. Dated this second day of July eighteen hundred sixty one in the twenty forth year of Her Majesty’s Reign Queen Victoria I Thomas Whelan of St. Mary’s Planter in the Island of Newfoundland being at present of perfect sound & disposing mind & memory doth hereby make & ordain this to be my last will & testament declaring all other wills said to be made by me null & void for the manner & form following.
Firstly I give & bequeath to my wife Margret Whelan the house which I now occupy together with the furniture & all other materials containd therein as also whatever money I now possess after paying my funeral expense the receipt of which money she has in her care.
Secondly I give & bequeath the sum of fifty pounds cur. for Masses to be said for the repose of my soul to be disposed of as my executors may deem fit this money to be taken out of the 400£ left to my wife Margret Whelan
Thirdly I give & bequeath to my sons James & Patrick Whelan the boats and all the materials belonging to them together with the land property I now occupy with the exception of the field adjacent to John Grace which field I bequeath to my daughter Margret Grace
Fourthly I give & bequeath the sum of one hundred pounds cy to my son Thomas Whelan in the event of his boat being taken from him this year 1861 but not otherwise.
Fifthly, I give & bequeath to my daughter Ann Daley the sum of fifty pounds the said amount to be paid by the sail of a boat now in the occupancy of Michael Dulucry and James Delucry which boat is now my lawful property I do hereby appoint the Rev. John Ryan P.P. St. Mary’s & my son John Whelan as executors to this my last will & testament & I request of my executors to see that my legatees James & Patrick Whelan will aid & assist my son William Whelan in building a boat. This my last will is signed sealed and delivered by me on the day & date first mentioned in the presence of the undersigned. Thomas his X mark Whelan. (LS) We the undersigned have seen Thom. Whelan seal & sign his mark to this will- John Ryan P.P. Thomas Walsh.
Codicil- The property which I bequeathed to my son James Whelan I give only in the event of his keeping himself sober quite & industrious as also the property which I left to my son Patrick I give only on the same conditions which I have given to my son James viz that he Patrick Whelan keeps himself sober quite & industrious. Thomas his X mark Whelan. Witnesses, John Ryan P.P. John his X mark Whelan.
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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