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Will of Patrick Brien
In the name of God Amen. I Patrick Brien of Saint John’s Shopkeeper being of sound and disposing mind do make publish and ordain the following as and for my last will and testament. After the payment of all my just debts funeral and testamentary expenses I will and bequeath all my monies now in deposit in the Union and Commercial Banks of this town to my executors to be held by them in trust for the following purposes that is to say to take and apply the interest arising and to arise therefrom to and towards the maintenance support and use of my beloved wife Margaret and on her demise to pay and deliver to my son James the sum of Seven hundred pounds and to my daughter the sum of three hundred pounds from and out of said monies for their sole use and benefit. In the event of my son James dying before my said wife the amount bequeathed to him shall after the death of my said wife go and be paid to the Roman Catholic Bishop for the time being of the Diocese of Saint John’s for the use and benefit of the Roman Catholic Church therein. In the event of my daughter Mary dying before my said wife the amount bequeathed to her shall after the death of my wife go and be paid to her children. In the event of my said children dying and leaving no issue the amount bequeathed to them shall go and be paid to the Roman Catholic Bishop for the time being of the Diocese of Saint John’s for the use and benefit of the Roman Catholic Church therein. I will and bequeath the sum of two pounds for the celebration of Masses for the repose of my soul. All the residue and remainder of my monies chattels and effects I bequeath to my said wife and after her death to my son James. I nominate and appoint Thomas S. Dwyer and Thomas Howley M.D. of St. John’s my executors and hereby cancel revoke and annul all other wills made by me.
Patk Brien. Signed and delivered by the said Patrick Brien as and for his last will and testament in our presence and attested by us in his presence and in the presence of each other this 9th day of April A.D. 1873. T.S. Dwyer, John Fitzpatrick.
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)
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