Will of Patrick Brazil
from Newfoundland will books volume 1 pages 456 to 459 probate year 1845
Patrick Brazil deceased.
In the name of God Amen, I Patrick Brazil of Saint John's Cooper and Farmer being in sound and disposing mind and memory do make and ordain this to be my last will and testament First I give and recommend my soul to Almighty God that gave it, next I desire and request that my funeral expenses and any other lawful debt due of me (if any) shall be paid as soon as possible after my interment. I give and bequeath to my loving wife Mary during her natural life and at her death to my son William the upper farm next to Monday Pond measuring about eight acres and the farm adjoining thereto lately purchased by me from John Funehin also all my cattle farming implements, carriage & harness household furniture also the house in Water Street opposite the premises of Daniel Fowler, also the farm of forty acres near Topsail and my present dwelling house and the field in the rear thereof (excepting the portion thereof hereinafter bequeathed to Patrick She is to be the superintendent of the domestic affairs in my present dwelling to be under no controul of any of my children and shall have such powers as shall be vested in any one of my executors.
I bequeath assign transfer and make over to my son Patrick all the house outhouses and gardens in the rear thereunto belonging with the appurtenances situate on the north side of Duckworth Street and at present in the occupancy of John Feehan, Cooper, also the houses and gardens at present in the occupancy of William Delaney, House Carpenter, and John Walsh Ship Master, also the two dwellings in the lane in the rear of Delaney's house, also a piece or parcel of the meadow in the rear of the latter house to be bounded on the north east by the lane or passage way from Duckworth Street to Dreelans Well and on the south and west by a line to be drawn through the said meadow commencing in Duckworth Street at the western corner post of John Walsh's garden and ending at the western corner post of John Dreelan's garden, also the house and property I purchased of John Brophy situate near the London Tavern for which he (Patrick) shall pay the ground rent, also the houses with the appurtenances near Dreelan's Well and now or lately inhabited by Enos Lyons comprising two tenements John Goff, James Curren, Thomas Dee, James Deneen and William Soane.
I give and bequeath to my son John three dwelling houses in Waldergrave Street that is to say the house he now occupies and the dwelling next adjoining thereto now inhabited by John Fitzpatrick, Master Mariner, also Jeremiah Ryan's house next adjoining to Fitzgerald's. It is however my desire and request that John aforesaid his heirs and successors shall be bound to pay once in each year forever to Government the annual rent or sum of two pounds ten shillings sterling (being half the yearly rent I am bound to pay for the ground whereon the said houses stands) I also bequeath to my said son John the house I have lately built in the lane on the west of and adjoining Andrew Kearney's tenement. Patrick is not to molest him in the possession of the latter house.
On the death of my wife Mary my son William shall immediately have hold and inherit the house I now inhabit; the field in the rear thereof (excepting the north east portion hereinbefore bequeathed to Patrick and the house adjoining Andrew Kearney left to John) Also my Cooper's shop and Apple Tree Well meadow on which the cooper's shop stands also the several houses now building or to be built thereon, also my Cow house and stable, also the marsh I rent of Mrs. Kennedy for which he shall pay the yearly rent, also the four acres of land granted to my said son William and marked S.D. also the upper farm next to Monday Pond of eight acres or thereabouts, also the farm next adjoining thereto bought of John Funehin, also the farm adjoining Jeremiah Merrigan and the farm of forty acres near Topsail.
I give and bequeath to my daughter Margaret O'Bryan during her natural life and to her issue the field on the Lazy Bank Road called Mount Pleasant but in default of issue the said field on her death will revert to my son William.
I give and bequeath by even and equal shares to my sons Patrick, John and William, the field I purchased of Philip Beenlen containing about four acres, also the four acres of land I bought of William Stocks and the said two lots of land shall be sold or otherwise disposed of on the most advantageous terms for their joint interest the said two lots to remain in possession of William until they are sold.
I give and bequeath to my wife Mary in trust for my grandchildren Margaret and Mary Hawe the two houses in Waldergrave Street now inhabited by John Murphy and Patrick Houlehan, that is to say Margaret Hawe shall inherit John Murphy's house, and Mary Hawe Houlehan's house, provided always that their father Robert Hawe shall have no legal right or claim whatsoever to the said premises or any part or parcel thereof, or to the rents issues or profits arising or growing therefrom, and my three grandchildren aforesaid by always observing and behaving as good and dutiful children to their grandmother and uncles shall obtain their board free of any expense in my present dwelling until they become of age or marries or set up for themselves and as the ground whereon the aforesaid three houses stands yields an annual rent to Government of two pounds ten shillings sterling my three grandchildren aforesaid is hereby required and bound to pay their respective portions thereof, and sixteen shillings and eight pence each I hope and expect that each of them will grow up with a prudent and peaceable character which will entitle them to respect, if however any of them shall become guilty of scandalous or very improper conduct it shall be in the power of my wife or my executors to disinherit the person so offending and in case of the death of any of them without lawful issue the deceased portion shall revert to my sons Pat, John & William by equal shares.
I have heretofore paid Doctor Fleming towards building the Cathedral the sum of twenty five pounds and I now leave for his lordship's private use five pounds, to the Sisters of Mercy five pounds and two pounds each to all the Roman Catholic Clergy of St. John's hoping they will offer up Masses for myself and my wife, I also leave five pounds to the sisters of Mercy who lately left this for Ireland, all the sums in this paragraph to be currency.
I nominate and appoint the Honble Laurence O'Bryan, Patrick Brazil and Henry Devereux executors to this my will as I am satisfied they will execute the same according to my desire and I call on them to protect my estate and on no account to allow or suffer any of my legatees before named their heirs or successors to sell out or mortgage their respective portions or any part or parcel thereof, and I now revoke and declare null and void all former wills and legacies made by me and I confirm this and no other to be my last will and testament.
In witness whereof I the said Patrick Brazil having carefully read over this instrument have set my hand and seal at St. John's Newfoundland this twenty second day of September in the year of our Lord one thousand eight hundred and forty four. Patrick Brazil (LS)
Signed sealed published and declared by the said Patrick Brazil to be his last will and testament in our presence and in the presence of each other, Hy, Devereux, Not. Pub. Wm. His x mark Joy-. Jas. Fogarty.
Be it known to all men that I Patrick Brazil of St. John's Newfoundland Cooper and Farmer, have this day made and declared by last will and testament in writing hereunto annexed and which I now ratify and confirm, but having lately purchased five shares in the New Bank now about being established in this town of St. John's I do further leave and bequeath the said five shares in manner following, I leave the five shares to my son Patrick in trust to be disposed of as follows, viz. One share to each of my sons Patrick, John and William, in all three shares, To my grandson Michael Kavanagh the remaining two shares in manner following, that is to say, the said two shares is to be and remain deposited in the Bank until he attains the age of twenty one years when he my said grandson shall be entitled to receive all the Profits of the said two shares from the present time until that period, and immediately thence forward all his right title and interest in and to the principal and profits of the said two shares shall cease and determine and from thenceforth the said two shares and the profits arising or growing therefrom shall become the property of my grandson Patrick Hawe (if living) If Michael Kavanagh shall die before he becomes of age his assigns shall be entitled to receive the profits to be due on his death and Patrick Hawe aforesaid from thenceforward shall inherit the principal and profits of the said two shares, I the said Patrick Brazil request this codicil to be a part and parcel of my last will and testament.
In witness whereof I have hereunto set my hand and seal the twenty second day of September one thousand eight hundred and forty four. Patrick Brazil (LS) Witness Hy Devereux, Not. Pub. Wm. His x mark Joy. Jas. Fogarty.
I further leave ten pounds currency for the benefit of my father and mother that is to say in manner following, Five pounds thereof to the Right Rev. Doctor Fleming. Two pounds ten shillings to the Revd Keeran Walsh of Saint Mary's and the remaining two pounds ten shillings to the Roman Catholic Clergymen of Saint John's.
St. John's twenty second day of September A.D. one thousand eight hundred and forty four (my will, codicil and the present addition being all signed by me at one and the same time) Patrick Brazil (LS) Present, Hy. Devereux. Wm. His x mark Joy. Jas. Fogarty.
D. M. Browning