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A Collection of Newfoundland Wills
(B)
James Brennan

 

Will of James Brennan
from Newfoundland will books volume 17 page 59 probate year 1935

 

In the Supreme Court

In re
James Brennan
          Deceased

 

OATH OF EXECUTOR

Probate granted to The Eastern Trust Co.
On the 17th day of October A.D. 1935

Value of Estate $39,851.22

Volume 9
Folio 363

 

TO THE HONOURABLE THE SUPREME COURT OF NEWFOUNDLAND OR ONE OF THE HONOURABLE THE JUDGES THEREOF.

THE PETITION of the Eastern Trust Company, of St. John's, by its Solicitors CONROY, BRADSHAW & CONROY

HUMBLY SHEWETH that: -

  1. James Brennan, late of St. John's aforesaid, Retired Blacksmith, deceased, died at the said place on the 3rd day of September, 1935, having previously made his last will and testament, whereby he appointed Your Petitioner the sole executor thereof.
  2. The paper-writing hereto annexed marked "A" is the said last will and testament of the said deceased, proved upon the affidavit of Charles O'Neill Conroy, one of the subscribing witnesses thereto,
  3. The paper-writing hereto annexed marked "B" is a correct and true inventory and (rest of text on line too difficult to read).
  4. The paper-writing hereto annexed marked "C" is a certificate from the Assessor of Taxes of the payment of Death Duty on the said estate.
  5. Neither Letters of Probate to any will nor of Administration to the estate of the said deceased have been granted forth of this Honourable Court to anyone.

Your petitioner, therefore, prays that this Honourable Court or Your Lordship may be pleased to grant to it Letters of Probate to the said last will and testament of the said deceased.

     AND, as in the duty bound, will ever pray, etc. etc.

     Dated the 10th day of October, 1935

Controy, Bradshaw and Conroy
Petitioner's Solicitors.

 

This is the paper wirting marked A referred to in the affidavit of Charles O'Neill Conroy

THIS IS THE LAST WILL AND TESTAMENT of me, James Brennan, of Saint John 's in the Island of Newfoundland, Retired Blacksmith. I revoke all former Wills by me at any time made, and I appoint the Eastern Trust Company the Executor of this my Will. I give and bequeath to my brothers Patrick and Edward the sum of One hundred dollars each, to His Grace Archbishop Roche Two hundred dollars, to the Belvidere Orphanage Fifty dollars, and to the Right Reverend Monsignor McDermott, the Right Reverend Monsignor Kitchin, Reverend P.P. Sheehan and Reverend R.A. St. John the sum of Fifty dollars each. I direct my Executor to expend the sum of One Hundred dollars upon Low Masses for the repose of the souls of my father William, my mother Catherine and my brother John, and the sum of Three hundred dollars upon Low Masses for the repose of the souls of myself and my deceased wife Bridget. I give and bequeath to my daughter Catherine Raynes the dwelling Number 112 New Gower Street in which she lives, and also the house in the rear thereof, numbers 25-27 Duggan Street. I give and bequeath to my Executor the sum of Ten thousand dollars upon trust to invest the same and to pay out of the income thereof (with power to encroach upon the capital if necessary) a sum equal to Five hundred dollars per annum to my said daughter Catherine during her life, by such instalments, monthly, quarterly or otherwise, as my Executor shall think fit, and upon the death of my said daughter Catherine then upon trust to pay and apply the residue of this fund as she shall by deed or will appoint, and in default of or subject to such my said daughter, in equal shares if more than one, children of deceased children taking their parent's share, but if there shall be no such child or grandchild surviving then the said residue shall fall into the general residue of my estate. I give and bequeath to my Executor the sum of Ten thousand dollars in trust for my said daughter Mary Evans upon identical trusts in all respects as those hereinbefore declared respecting the share of my daughter Catherine Raynes, ALL the rest, residue and remainder of my estate I give and bequeath to my son William P. Brennan. IN WITNESS WHEREOF I have hereunto subscribed my hand at Saint John's aforesaid this eighteenth day of January, 1926.

James Brennan

SIGNED, PUBLISHED and DECLARED by the Testator as and for his Last Will and Testament in presence of us, both being present at the same time, who in his presence and at his request here unto subscribe ourselves as witnesses attesting the due execution hereof:

Chas. O'Neill Conroy

N Sinnott

 

 

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.

Contributed by Jeanette Squires & transcribed by Catherine Figuary-Zwicker

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)

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