Will of John Boggan
from Newfoundland will books volume 1 pages 386 & 387 probate year 1842
John Boggan deceased.
In the name of God Amen. I John Boggan a Native of Browns Wood in the Parish of Templeshand County of Wexford in Ireland and for many years a resident inhabitant of the Town of Saint John's in Newfoundland Shopkeeper, being in bodily health and of sound and disposing mind and memory thanks be given unto God but calling to mind the mortality of my body and knowing that it is appointed for all men once to die, do make and ordain this to be my last will and testament, that is to say, first and principally of all I give and recommend my soul into the hands of Almighty God that gave it, and my body I recommend to the earth to be buried in decent Christian burial not 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 bequeath the same in the following manner and form.
First I particularly desire and request that all lawful debts (if any) due of me at the time of my death shall be paid and discharged as soon as possible after my interment. I give and bequeath to my dearly beloved wife Eleanor all my goods debts and other moveable effects, and my landed and household property to be held and enjoyed by her during her natural life, but subject however as is hereinafter mentioned or expressed, and as soon as possible after the decease of my said wife Eleanor all the moveable property then in her possession or on the premises, together with the dwelling house I now occupy and the house I have built adjacent thereto and the gardens attached and also the gardens on the second street up by Mrs. Morey's shall be sold on the most advantageous terms and the nett proceeds thereof shall be divided into six shares and to be disposed of as follows, Four shares thereof to be paid to my adopted son Michael Dunn Boggan, and the remaining two shares to my niece Mary Murphy now married to John Power of this town.
I give and bequeath my farm at Freshwater in manner following, that is to say, in two equal shares one share thereof to my adopted son Michael Dunn Boggan during his natural life and at his death to revert to and become the joint property of my aforesaid niece Mary Power and her children the other share I give and bequeath to my said niece Mary Power and her children, reserving however out of the yearly produce of the said Farm the annual sum of five pounds currency as long as the whole of the said Farm will command a yearly rent of fifteen pounds, and the said five pounds to be for the benefit of the Reverend Ladies of the Convent in this Town to be equally borne and paid to them in the fall of each year for ever by my adopted son and niece aforesaid or the inheritors of the farm for the time being, but if in the course of time the Farm would not command a yearly rent of £15. it is my desire that from thenceforth a proportionable reduction of this my annual bequest to the Reverend Ladies of the Convent for the time being shall take place accordingly, commencing at my wife's death.
I leave my watch to my adopted son Michael Dunn Boggan when he becomes of age provided his good conduct and dutiful behaviour to his adopted mother shall entitle him worthy of the gift. I have particularly to desire and request that my wife, my adopted son, or niece aforesaid, or any of them shall have no power or right whatsoever, to dispose of, sell out, transfer or mortgage the whole or any portion or part of my landed or household estate And I hereby nominate and appoint Mr. John Freeman, Mr. Daniel Egan, Publican, and Henry Devereux to be the executors to this my last will and testament, and I the said John Boggan doth hereby cancel and declare null and void all former wills, testaments, legacies and bequests heretofore made or signed by me in any manner or form whatsoever, ratifying and confirming this and no other to be my last will and testament.
In witness whereof I the said John Boggan hath hereunto set my hand and affixed my seal at Saint John's aforesaid this eight day of July in the year of our Lord one thousand eight hundred and thirty nine. John Boggan (LS)
Signed sealed published pronounced and declared by the said John Boggan as his last will and testament in the presence of us, Daniel Egan. John Freeman, Hy. Devereux.
It is my further particular desire and request that the Reverend Ladies of the Convent shall in the fall of each year for ever receive the annual sum of five pounds currency anything herein contained to the contrary thereof notwithstanding, the said five pounds is the same as is hereinbefore mentioned as arising out of the my farm at Freshwater.
I have signed this codicil at the moment of signing my will hereunto annexed on the eight day of July 1839, and my will and meaning is that this codicil is to be adjudged a part and parcel of my last will and testament. John Boggan aged 61 years (LS)
Witnesses to this signature at the time of signing the opposite signature by the said John Boggan. John Freeman, Daniel Eagan, Hy. Devereux.
D. M. Browning