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Will of Denis Burke
from Newfoundland will books volume 9 pages 98-100
probate year 1910
In re
Denis Burke deceased.
In the name of God Amen. This is the last will and Testament of Denis
Burke of St. Jacques Fortune
Bay in the Southern district of Newfoundland. I will and desire that
my Executors hereinafter named so soon after my death as will be convenient
will pay out of my estate the sum of two hundred dollars ($200) as offerings
for the benefit of my soul and the sum of fifty dollars ($50) to the
Reverend Superioress of the Presentation Convent at St. Jacques.
I
give devise and bequeath to my beloved wife Mary Burke for her sole use
and benefit during her life all I am possessed of to have and to hold
the same absolutely, and to use the same freely as her property without
any let or hindrance from any person whomsoever. At the death of my said
wife I give devise and bequeath to my son Francis Regis Burke the House
at present occupied by Vincent Burke situated on Bonaventure Road, St.
John’s, also five shares in the New York Newfoundland and Halifax
Steamship Company, together with my dwelling house and the furniture
contained therein, store, wharf, flake and lands attached thereto and
belonging to my estate. I also will that the expenses of the said Francis
Regis education be paid out of my estate.
I will that the
residue of my estate be divided between my five daughters in the following
proportions that is to say, that the married daughters shall receive
one share each and that the unmarried daughters receive two shares each
or double the amount of the married ones. Should any of my married daughters
die before the division of my estate I
will that the said share be given to her children. Should any of my daughters
remain unmarried they are to have a right to reside in my dwelling house
as long as they wish to remain
If my son Francis Regis Burke above mentioned should die before his mother
and unmarried. I will that the house, shares, dwelling house, store,
flake and land be divided equally between my daughters or the survivors
of them and if my said son Francis Regis die after his
mother and unmarried I will that the residue of his
estate, if any, shall be divided equally amongst his sisters. Should
my wife Mary Burke above mentioned die before our son Francis
Regis comes
of age I hereby appoint my son in law Louis
Giovannitti M.D. and my daughter
Elizabeth Ellen as his guardians and will that no division
of my estate be made until he comes of age.
Should any of my daughters
be unmarried at the time of the division of my estate I will, devise
and bequeath to them in equal proportions my shares in the Chelicamp
Copper Company Limited Cape Breton. Should all be married, at the time,
the said shares are to be divided equally amongst them. I give, devise
and bequeath to my son Francis Regis Burke, sixteen
shares in the Colonial Investment and Loan Company, also five shares
in the same said Colonial Investment and Loan Company. I hereby appoint
my wife Mary Burke and
my son in law Louis Giovannette M. D. Executors of this
my last will and Testament and I revoke and annul all former wills and
Testaments made by me. Made and dated at St. Jacques Fortune Bay in the
Island of Newfoundland this Twenty first day of January one thousand
nine hundred and seven Denis Burke Testator. Signed
published and declared by the said Testator as and for his last will
and Testament in the presence of us, who in his presence and in the presence
of each other have hereto signed our names as witnesses to the due execution
of the same witnesses
William Burke Sr. Thomas Burke Sr.
Certified correct,
D. M. Browning
Registrar
(Listed in the margin next to this will the following)
Fiat
March 24/10
C.J.
Probate
April 6/10
granted
to Mary
Burke
and
Louis J
Giovannetti
Estate
sworn at
$10,536.00
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