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Will of Thomas Avery
In the name of God Amen. I Thomas Avery of St. John's Gentleman being of sound mind and good bodily health but mindful that it is appointed for all men once to die do make this my last will and testament and
Firstly I will and bequeath my soul to Almighty God who gave it and my body to be buried in the burying ground of Witless Bay as near as may be to the last resting place of Daniel and Mary Hynes with a suitable headstone to be erected to my memory valued about £20 with a decent funeral suitable to a person of my rank in life.
Secondly I will and bequeath to my loving niece Elizabeth Winsor the house No. 125 wherein I now live with the sum of £250 of the assets enumerated below
Thirdly I will and bequeath to my loving friend Johanna Hynes the sum of £200 from the assets enumerated in a paper below with the house in the Military Road No. 127.
Forthly, I will and bequeath to my loving friend Elizabeth Winsor Driscoll the house No. 129 situated on the Military Road with the sum of £200 from the assets enumerated below.
Fifthly I will and bequeath to my loving nephew Thomas Avery Winsor the sum of £200 from the assets enumerated below with all my interest in a house in Lion Square built by Mr. Hamelin Fleming.
Sixthly I will and bequeath to my loving niece Ann Winsor the parlor part of the house in Torbryan I having advanced the money £200..0..0 to her father to pay for the whole house.
Seventhly I will and bequeath to my loving niece Amelia Winsor the kitchen part of the house in Torbryan, I having advanced the money £200 to her father to pay for the whole house.
Eighthly I will and bequeath to my loving friend Ann Driscoll wife of Michael Driscoll of Mobile £100 out of the funds enumerated below.
Ninthly I will and bequeath to my loving friend Thomas Driscoll of Mobile son of Michael and Ann Driscoll the sum of £50 out of the funds named below with all my books and also books of accounts to be destroyed with all letters which are not to be opened, and I do request that he will be in attendance in my house at my death and burial.
Tenthly I will and bequeath to my loving friend Michael Patrick Driscoll the sum of £100 out of the funds named below with a request that he will when he becomes a priest, and I hope that he will be a good priest, offer up the Holy Sacrifice for the rest of my soul.
Eleventhly, I will and bequeath to the Rev. Dean Cleary £25, to the Rev. Jeremiah O'Donnell £25, to the Revd. Michael Walsh £25, to the Revd. Father Murphy £25, Ferryland, to the Revd. _____ Forrestal, Ferryland, £25, to the Revd. Richard Brennan Fortune Bay £25. to Revd. Richard O'Donnell, St. John's, £25, to the Revd. John Conway, St. John's, £25 out of the funds enumerated below to offer for me at the altar the Sacrifice of the Mass.
Twelfthly, I will and bequeath to the Sisters of Mercy Convent the sum of £100, to assist the orphans of that Institution.
Thirteenthly, I will and bequeath to Convent of Mercy in Belvedere the sum of £100. for to provide for the Orphans of that Institution and to be paid out of the funds enumerated below.
Fourteenthly, I will and bequeath to Catholic Cathedral the sum of £100. to assist in repairing the building out of the funds enumerated below.
Fifteenthly, I will and bequeath to St. Patrick Church the sum of £100. to assist in finishing the Church, out of the funds enumerated below.
Sixteenthly I will and bequeath to my loving friend Johanna Hynes all my fee simple property in Witless Bay called Brooks Plantation with all the rights appertaining thereto with this express condition that the said Johanna Hynes out of the proceeds of the said fishing room pay the priest of the parish for the time being £5 for my intentions.
Lastly, I will and bequeath to my loving niece Elizabeth Winsor her heirs executors and assigns all the rest residue of my property whatever the same may be and not before disposed of after paying all my just debts all the above legacies, all my funeral expenses, the cost of my headstone the expence of proving this will, to pay £20 each to my executors hereafter named and I hereby appoint my trusty and well beloved friend the Revd. John Conway and my trusty friend Thomas R. Smith of the firm of C.T. Bernett & Co. to be my executors of this my last will and testament, and I hereby order and declare that the above legacies shall not be paid untill six months after my death, and I do hereby desire that this is my last will and testament, revoking all and every my former wills and testaments and I hereby request the above named executors to undertake executorship and also the above named £20 as a small recompense for their trouble- In witness whereof I have to this last will and testament set and subscribed my hand and seal this 10th day of June 1869, Thomas Avery (LS) Witnessed by us this 5th day of August 1869, John Conway, Admr of St. John's, P.G. Little
Legacies in the will.
Amount of assets,
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. 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.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013 AST)
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