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Will of Thomas Burke
In the name of God Amen. I Thomas Burke of Tilton Harbour in the Island of Newfoundland, Planter, being well of body and of sound mind, memory and understanding do make this my last will and testament in manner following,
First I will and direct that as soon after my decease as shall be practically convenient, my executors hereinafter named, shall pay all lawful debts due and owing by me-
Secondly, I will and desire that if I should die at Saint John’s, my body shall be interred near and adjoining the grave of my late brother Michael F. Burke deceased, in the cemetery of Bellvedier in Saint John’s or should my demise take place at Tilton Harbour I desire in either case my executors to cause a decent tomb or headstone to be erected over my grave the cost and expense thereof together with the cost of my grave and all other my debts funeral and testamentary expenses to be defrayed by and paid from and out of any monies I may have at the time of my death in the Savings and Union Banks in Saint John’s aforesaid-
Third I give and bequeath unto the Right Reverend John Thomas Mullock, Bishop of the Diocese of Saint John’s, and to his successors therein, out of the rents, issues and profits of my real estate, hereinafter mentioned, the sum of one pound and ten shillings (£1 s10) currency per annum for six Masses in each and every year for ever for the repose of my soul and the souls of my deceased parents and brothers-
Fourth- I will and bequeath unto my dear brothers, John Burke and Miles Burke all my real estate, lands, houses and tenements situate on the Military Road in Saint John’s aforesaid to be held by them and their heirs as tenants in common subject to the payment named in the third bequest which I will and desire to be and remain a permanent charge on said estate, land and premises. It being my will and desire that said property or any portion or part thereof shall not at any time, be sold, encumbered, mortgaged, or parted with by my said two brothers or either of them, their executors administrators or assigns and that in addition to the payment of the before mentioned sum for Masses may said brothers shall pay and allow out of the rents and profits of said houses, land and property the sum of twenty shillings (£1) currency annually for ever, towards the support of the orphans in the Catholic Orphanage of Saint John’s; and this bequest I also desire shall be and remain a charge on said real estate and its rents and profits so bequeathed as aforesaid-
Fifth- I will and bequeath to my executors after the payment of my debts, funeral and all other my expenses, all monies owing to me Bank stock and other securities and all monies standing in my name or deposited by me in the Union and Savings Banks in Saint John’s aforesaid to be held by my executors in trust for my said two brothers, Miles and John Burke and I desire that said monies shall be invested by my executors in good Government or other securities or remain on deposit in said Banks at interest; and that my said executors shall pay to my said brothers in equal and even proportions the interest accruing and to accrue thereon yearly and every year for and during the space of ten (10) years when said amount or principal so invested shall be and become the absolute property of my said brothers, their heirs and assigns share and share alike in even and equal proportions.
Sixth- I will and bequeath to Michael Casey my silver watch -
Seventh I will and bequeath to my brothers John Burke and Miles Burke all my beds, bedding and wearing apparel; and I will and desire them to give one warm full suit of my clothes to some poor and deserving person- I desire, in case the surviving executor or next of kin of my said deceased brother, shall refuse permission or object to the interment of my remains near my said brother’s grave, my executors shall purchase a separate piece of ground for my interment-
Lastly I will and bequeath all the rest residue and remainder of my moneys property assets goods chattels and effects real and personal, not hereinbefore disposed of to my said two brothers, John and Miles Burke their executors and administrators to be taken and held by them in common share and share alike- I hereby revoke all former and other wills made by me and appoint Charles H. Renouf of Saint John’s Medical Doctor and Edward Maher, Clothier Executors to this my last will and testament- In witness whereof I have hereunto set my hand and seal this eighteenth day of January Anno Domini one thousand eight hundred and sixty-five-
Thomas F. Burke (LS) Signed sealed and declared by the said Thomas Burke as and for his last will and testament in presence of Joseph I. Little, Francis E. Blundon.
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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