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Will of John Buckley Senior
In the name of God Amen, I John Buckley of Saint John’s in the Island of Newfoundland, Blacksmith, do make and declare the following as my last will and testament:
First, I will and desire that my executor hereinafter named shall out of my money and effects pay all lawful debts due by me or my estate at my death.
Secondly, I give and bequeath to my beloved wife Catherine Buckley all my brick house, forge, land and premises situate in Holloway Street or Gleeson’s lane in Saint John’s aforesaid and now held by me under lease for a term of years from the Church Wardens of the Church of England to have and to hold the said house, forge, land and premises to my said wife during the residue of my said term of years therein subject to the covenants contained in the said lease and the rent therein reserved.
Thirdly I give and bequeath to my said wife Catherine Buckley all my household furniture beds and bedding.
Fourthly, I will and direct that should I die before the first of next November my said wife shall then rent and let the one half of my said house and the whole of said Forge and my tools therein and apply the rents arising therefrom for her own use and benefit.
Fifthly, I give and bequeath all my debts due to me at my decease on account of business done in my trade, unto my said wife for her support, and I direct my said executor to sell all my stock in trade, consisting of grapnels, anchors, dogirons, pothooks and hangers, gaffs, pews and pickaxes belonging to me and out of the proceeds thereof to defray all incidental expenses attending such sale and to pay over the residue of such proceeds thereof to my said wife for her own exclusive use and support.
Sixthly, Whereas I have now deposited at interest in the Savings Bank of this Island, about the sum of three hundred and fifty pounds currency which sum of money I will and direct my said executor to keep deposited at interest in the said Bank for seven years from my death, and that during that period my said executor shall not draw any of said principal sum of money from said bank; but that the interest now due or to accrue due on said principal sum during that time shall be paid and expended as follows: that is to say, out of said interest my said executor shall annually pay during said period the sum of four pounds currency a year to the Right Reverend John Thomas Mullock Catholic Bishop of the Diocese of St. John’s and to his successors therein for Masses for the good of my soul: and out of the residue of said interest accruing or to accrue due my said executor shall yearly during said period pay the sum of four pounds currency a year to the said Right Reverend Doctor Mullock and his said successors for the use and benefit of the Orphan children in the Catholic Orphanage in Saint John’s aforesaid, under the charge of the Sisters of Mercy therein.
Seventhly, I will desire and bequeath that at the expiration of the said period of seven years my said executor shall out of said principal sum of money so deposited as aforesaid pay to the said Right Rev. Dr. Mullock or to his said successors in the said Diocese the sum of ten pounds currency for Masses for the good of my soul.
Eighthly. I will desire and bequeath that at the expiration of the said period of seven years from my decease would my said sons be and continue sober my said executor shall in such case pay each one of them so being and remaining in that condition the full sum of fifty pounds currency to each one of them, that is to say, to the said John Buckley the sum of fifty pounds currency and to the said Edward Buckley the said sum of fifty pounds currency.
Ninthly: I give to my said executor the sum of ten pounds currency to purchase a headstone and erect the same over my grave immediately after my interment.
Tenthly: I will desire and bequeath that at the expiration of three years from the said period when the said sum of fifty pounds currency shall be so paid to each of my said sons, they being and continuing sober as aforesaid, then and in such case my said executor shall divide the residue of said principal sum of money so remaining deposited in the said Bank into two equal parts or portions and pay over one portion thereof to the said John Buckley, he being and continuing sober as aforesaid and the other part or portion to the said Edward Buckley, he being and remaining in the like sober condition.
Eleventh: In case any of the bequests or legacies aforesaid should fail or lapse, or become forfeited by reason of the inebriety of any or either of my said sons, or for other cause or reason whatsoever, then the legacy or bequest so failing, lapsing or becoming forfeited together with all and singular the rest, residue and remainder of my money, property goods, chattels and effects not hereinbefore bequeathed or disposed of I give and bequeath to my said wife and such one of my said sons as shall be, remain and continue sober and temperate, for her and him to take the same share and share alike as my residuary legatees. I do hereby appoint Mr. James Parsons of Flat Rock in the Central District of the said Island executor of this my last will and testament, hereby revoking all former wills made by me- As witness my hand and seal at St. John’s in the said Island the sixth day of June Anno Domini one thousand eight hundred and sixty one. John his X mark Buckley (LS) Signed sealed published and declared by the said John Buckley as and for his last will and testament in our presence, Joseph I. Little,
I add the following as a codicil to the foregoing will- I will and bequeath to Hugh Diggin of St. John’s Blacksmith the sum of five pounds currency. John his X mark Buckley.
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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