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Will of Mary Anne Whitten
This is the last will and testament of me Mary Anne Whitten, widow of the late George Whitten, and now residing on the south side of Saint John’s Harbour Saint John’s Newfoundland. First, I do hereby give devise and bequeath all that my real estate situate on the south side of Saint John’s Harbour aforesaid, and now in lease to Francis MacDougall of Saint John’s aforesaid, Merchant, to my seven children, namely: Elizabeth, wife of James Everett; Harriet wife of George William Chafe Charles; Mary Ann wife of Benjamin Verge; Peter; Fanny wife of Edward Ashton Lester; and Jane wife of John Cornick, in equal shares and for their own sole and separate uses, the present or future husband or husbands of either or any of my said daughters having no control whatever over her or their share or shares; the said estate to be by them my said seven children kept, used and enjoyed for and during the term of their natural life. On the death of either or any of my said seven children, his or her or their share or shares of the said estate shall go to the survivors of them until there be but one such survivor who shall have, hold, use and enjoy as aforesaid the whole of the said estate for and during the term of her natural life. And at his or her death, I give devise and bequeath all the said estate to such of my grandchildren as may be then alive to be divided between them share and share alike and to their heirs and assigns for ever. And I do hereby constitute, nominate and appoint the said Harriett Chafe and Charles Whitten to be the executors of this my will. And I do hereby declare this to be my last will and testament. In witness whereof I have hereunto set my hand and seal this fifteenth day of June in the year of our Lord one thousand eight hundred and seventy-six. Mary Ann Whitten X the mark of (LS) Signed sealed and delivered by the said Mary Ann Whitten and declared to be her last will and testament in the presence of us who in her presence and in the presence of each other and at her request have hereunto subscribed our names as witness the day and year above written. Edward Botwood- Clerk in Holy Orders, St. John’s. Aaron Searle of St. John’s, Labourer.
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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