Will of James Brien from Newfoundland will books volume 5 page 531-534 probate year 1891

Last will and Testament
of James Brien
of Burin Merchant Deceased.

I James Brien of Burin in the Southern district of the island of Newfoundland merchant do make publish and declare this as and for my last will and testament First. I direct that all my just debts funeral and testamentary expenses shall be paid. Second. I give devise and bequeath to my executors hereinafter named the sum of five thousand dollars and the further sum of five thousand dollars this latter amount being the amount secured and made payable to me my executors or administrators under the policy of the Standard Life Assurance Company issued upon my own life and being of class H B.N.A. No 85213 with and dated the first day of October Anno Domini 1886 together with all profits bonuses and other additions to the amount payable under said policy upon trust to invest the said two sums [making together ten thousand dollars] at interest in some good and safe securities at their discretion with power from time to time to vary the same as they may deem proper and subject to the proviso and condition hereinafter mentioned to pay the annual interest thereof to my wife Susannah during the period of her natural life. Upon the further trust after the decease of my said wife or in the event of her marrying again then immediately on the happening of such event to pay and distribute the said sum of ten thousand dollars as follows to my daughter Margaret Eliza the sum of two thousand dollars and the remainder that is to say the sum of eight thousand dollars to my three sons Matthew, John Michael and Richard William in equal shares and proportions. Third In regard to all the rest residue and remainder of my property estate and effects of what nature and kind soever the same may be and wheresoever situate I give devise and bequeath the same to my wife Susannah for and during the period of her natural life but subject to the proviso and condition hereinafter mentioned. Fourth. I will and declare that each of the bequest or legacies and of the powers and interests herein made and given to my said wife Susannah is made and given subject to the proviso and condition that if she marry again she shall immediately upon the happening of that event forfeit all right and interest therein and the same shall pass over to and become the property of my sons as herein after directed. Fifth. I devise that my said wife shall so long as she shall continue my widow and no longer continue and carry on my trade and business under its present style and title and in and upon the premises at Burin which I now occupy and use for the purposes of my said trade and business and that she shall have the full and sole control and management thereof and have for her own use and benefit any and all profits and advantages which may arise therefrom. Sixth If my said wife should marry again then immediately upon the happening of such event or should she not marry again then upon and after her decease or should she die before me I give devise and bequeath all the rest residue and remainder of my property estate and effects of what nature and kind soever the same may be and wheresoever situate to my three sons Matthew, John Michael and Richard William in equal shares and proportions except that should anyone of my said sons or any two of them or all of them as partners undertake and agree with my executors hereinafter named to continue my trade and business aforesaid then such son or sons shall so long as they continue the same have as part of his or their share of my estate all those lands and premises at Burin aforesaid with the stores wharves flakes and other buildings and erections thereon in and upon which I carry on or which I use for the purposes of my said trade and business and this in addition to and not in substitution for his or their share of the residue of my said property estates and effects thereto if such son or sons discontinue such trade and business within a period of five years after having so agreed with my executors then the said premises and buildings shall become and be the property of my said three sons in equal shares and proportions. Seventh. I do hereby nominate and appoint the Reverend Vincent T. Reardon at present of Burin aforesaid Roman Catholic Priest and the Honourable Moses Monroe of St. John's aforesaid Merchant as executors of this my will. And lastly I do hereby revoke and declare null and void all wills by me heretofore made. Witness my hand at St. John's this eleventh day of February A.D. 1889 James Brien. Signed by the said testator as and for his last will and testament in our presence who in his presence at his request and in the presence of each other have hereto set our hands as witnesses on the day and year above written Robert J. Kent John P. Kent.

I James Brien of Burin in the Southern District of the Island of Newfoundland Merchant the testator named in the will written on the three preceding pages of this sheet do make publish and declare this as and for a codicil to my said will. First. I do hereby revoke annul cancel and declare void the second and sixth paragraphs of my said will in so far as they relate or either of them relates to or concerns my son Matthew and do declare it to be my will and desire that my said son Matthew shall not have take or receive any benefit bequest estate or interest of any kind under my said will or from or out of any property estate or effects of any kind of or belonging to me, and that he shall be wholly and utterly excluded therefrom and further that each and every bequest share estate interest authority and power in and by my said will given or bequeathed to my said son Matthew shall subject to the terms provisions and conditions of my said will relating to same become and be the bequest share estate interest authority and power of my sons John Michael and Richard William in equal shares and proportions, and that they only or one of them [excluding my said son Matthew] shall have the right to undertake and agree with my executors for the continuance of my trade and business as mentioned in the said sixth paragraph of my said will. Second In the place and stead of the Reverend Vincent F. Reardon who has left Burin to reside elsewhere, and whose nomination as executor of my will I do hereby revoke I do hereby nominate and appoint James D. Ryan of St. John's Grocer along with the Honourable Moses Monroe as executors of my said will and of this codicil thereto, and Lastly I do hereby confirm my said will in all other respects. Witness my hand at St. John's this fifth day of February Anno Domini 1891 James Brien Signed by the said James Brien as and for a codicil to his said will in our presence Robert J. Kent James M. Kent.
I certify the foregoing to be a correct copy of the last will and testament of James Brien deceased.

Registrar