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Will of Walter Whelan
In the name of God Amen. I Walter Phealan fisherman of the harbour of Spaniards Bay in the Island of Newfoundland being of perfect mind and memory of my body and knowing that it is appointed for all men once to die 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 hand of Almighty God that gave it and my body I commend to the earth to be buried in decent Christian burial at the discretion of my executors namely Richard Hicks and William Baggs, nothing doubting but at the general resurrection I shall receive the same again by the mighty power of God, and as touching such worldly estate wherewith it hath pleased God to bless me with in this life, I give devise and dispose of the same in the following manner and form. I give and bequeath all the money that was left to me by the late Walter Phealen of Brigus deceased, as follows, to my dearly beloved brothers William Phealen and James Phealen the one third to be equally divided between them To my dearly beloved brothers Mathew Phealen David Phealen and Michael Phealen the one third to be equally divided between them- and the remaining third to my dearly beloved sisters Mary Phealen Bridget Phealen and Margaret Phealen to be equally divided between them Also I do give and bequeath to my brother James Phealen all my proper goods & chattels now in my possession as well as any goods or chattles that will fall to me by the late Walter Phealen of Brigus deceased and this being my last will and testament I do freely give and bequeath all my money goods and chattles according to this my will to be enjoyed by them the aforesaid my five brothers and my three sisters forever. And I do hereby utterly disallow revoke and disannul all and every other former testament wills legacies bequests and executors by me in any wise before named willed and bequaited ratefying and confirming this and no other to be my last will and testament. In witness whereof I have hereunto set my hand and seal this the twelfth day of January in the year of our Lord one thousand eight hundred and fifty three. Signed sealed and delivered by the said Walter Phealen as his last will and testament in the presence of us who in his presence and in the presence of each other have hereunto subscribed our names, Walter Phealen (LS) Moses Gosse, William Baggs, Richard Hicks.
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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