Last Will and Testament of Moses Kennedy:
In The Name of God, Amen
I Moses Kennedy of Middle Bight in the Electoral District of Harbor Main in The Dominion of Newfoundland, Farmer being sick in body, but Perfect Mind and Memory, do make and ordain this My Last Will and Testament . First I give and bequeath to my two sons Joseph and Moses that piece of partly cleared land situate in Middle Bight about one mile South of the Main Road leading to Holyrood and bounded as follows, that is to say on the south by George Petten to Foxtrap River, West by Arthur Butler , North by the Taylor’s Land, and East by the said River. The above piece of land is to be equally divided between my said two sons the dividing line to run east and west.
I give and bequeath to my son Joseph that piece of cultivated land North of the main line leading to Holyrood, that all his creations are on viz-dwelling house, stable, and cellar, bound on the South by the said Main Line, West by the Taylors Land, East By Kennedy’s Road and North by John Kennedy of Samuel. To My Son John, I give and bequeath that piece of cleared land bound on the South by John Kennedy of Samuel, West by Joseph Lear, North by William George Kennedy and East by the Local Road. To my son Moses I give and Bequeath that piece of Cleared Land situate North of the Main Road and bound on the South by the road leading to Joseph Lear’s House, West by Joseph Lear’s Land, North by John Kennedy Son of Samuel and East by the Local Road. All my Erections are on the said piece of land Vis-dwelling house goods and chattels stable and cellar, All of which property my son Moses is to take possession of at my death.
I give and bequeath to my son Moses my horse, cart-dray, wheels, harness etc, Also my agricultural implements and all lose gear about the place and a Salmon Net. I give to my two sons Joseph and Moses my Fishing premises and my fishing boats.
To my daughter Mary Jane I have given and bequeathed one bed and bedding and two tables She took possession of the above mentioned articles after leaving my house and has therefore no further claim on me.
After all my debts are paid and a monument erected to my Memory in Foxtrap Cemetery, any money left over is to be divided into three equal shares between my three sons . And I do hereby utterly Disown dis-annul and revoke all and every other former testaments, Wills, Bequeaths by me in any wise before named Willed and Bequeathed, ratifying 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 &th day of November in the Year of Our Lord One Thousand Nine Hundred and Thirty.
Signed, Sealed, Published pronounced and declared by the said Moses Kenedy(after having been first read over) as his Last Will and Testament in the presence of us who in his presence and the presence of each other have hereunto subscribed our names as Witnesses.
Signed John Haines Moses (his X Mark) Kennedy
Signed Joseph Fagan
“B”
IN THE SUPREME COURT OF NEWFOUNDLAND
In The Estate of Moses Kennedy, Deceased
Newfoundland
Bishops Falls
I James J. Kennedy of Bishops Falls, Hereby
Consent to my brother, Moses Kennedy, being appointed
Administrator cum testamento annexo to the estate
Of my late father, Moses Kennedy, Deceased
Sworn at Bishops Falls
This Day of May A.D.
1931 Before Me:
In the Presence of D Colbourne J.P.
Signed James J. Kennedy
IN THE HONORABLE THE SUPREME COURT OF NEWFOUNDLAND
OR TO ONE OF THE HONORABLE THE JUDGES THEREOF
The petition of Moses Kennedy of Foxtrap in The Electoral District of Harbor Main, Humbly sheweth as follows:
1) Your Petitioner’s father Moses Kennedy late of Foxtrap in the Electoral District of Harbour Main, died at this place on the 24th day of Dec A.D. 1930.
2) The said Deceased prior to his death made his Last Will and Testament which is hereto annexed marked “A”
3) No Executor is named in the said Last Will.
4) The said Deceased left him surviving at the date of his death the following children:Your Petitioner, James J Kennedy, Mary J Kennedy and Elizabeth Kennedy.
5) Your Petitioner and James J. Kennedy are the only parties interested in the aforesaid Will.
6) Hereto annexed marked “B” is the consent of James J. Kennedy to your petitioner being appointed administrator of the Estate of the Deceased.
7) The said Deceased at the date of his death was possessed of property within the jurisdiction of this Honorable Court of the probable value of$1770.00, as more particularly appears in the Inventory hereto annexed marked “C”
8) Neither probate to any Last Will, nor Letters of administration to the estate of the said Deceased have as yet been granted to any person.
YOUR PETITIONER therefore humbly prays that this Honorable Court may by pleased to grant him Letters of Administration cum testa mento annexo of the estate of the said Deceased, and as in duty bound he will ever pray
Dated at Kelligrews this 25th day ofMay A.D. 1931
Signed : Moses Kennedy
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Obtained and Transcribed by Randy Whitten