Will of Patrick Byrne
from Newfoundland will books volume 1 pages 558 & 559 probate year 1849
Patrick Byrne deceased.
I Patrick Byrne of Saint John's Newfdland Shopkeeper being now infirm of body but of sound mind memory & understanding in the consciousness of the frailty of human nature and life particularly at my advanced age and of the necessity therefore of freeing my mind from anxiety by the settlement of my temporal affairs do make and declare my will in manner following, that is to say, Imprimis, I bequeath my soul to God confidently hoping in his ineffable mercy and my body to the grave awaiting a glorious resurrection through the merits of our Divine Redeemer,
Item, I give and bequeath to my beloved son James who always stood by me the sum of two hundred pounds at present in the hands of Patrick Morris, Treasurer, paying an interest of three per cent per annum, also the sum of one hundred pounds -nearly- of money which I hold in my possession, also the two houses in the occupacy of the widow Lambert and half the profits arrising out of the third house in the occupacy of Pierce Whealan, together with one half the strip of garden at present in possession of Peter Carter Esqr and belonging to the same premises, also the profits arising out of two tenements opposite the Esylum garden in the occupacy of Paul Hennessy and James Brown with all items of furniture, debts &c. &c. with exception to the bed and bedding which I lie in myself and these I reserve for another and be it understood that the corner house in the occupacy of the widow Lambert shall be given to my son John (now absent) should he return in exchange for the house in the occupacy of Pce Whealan and all claims to said house by my son Martin shall then cease to exist High Mass, private Masses and burial expences to be defraid by my son James.
Item, to my beloved daughter-in-law wife to the said James Byrne I give and bequeath the debenture of forty five pounds with the interest arising thereon (which I have had from the appraiser for loss of ground taken away) as a token for her kindness to me.
Item, I give and bequeath to my granson Patk Byrne the watch which I wear and a second or spared watch I give to my dear granson John with the hope they will not forget praying for me.
Item, to my beloved son Martin Byrne I give and bequeath the sum of two hundred pounds at present in the hands of Patk Morris Treasurer paying an interest of three per cent per annum as also one hundred and twenty pounds of money at present in my own possession, as also a piece of ground to the north east end of the aforesaid Pierce Whealan's House of thirty four feet long by nineteen or more feet wide, for the purpose of building thereon as also one half the strip of garden on the other side in the possession of Peter Carter Esqr for some time together with one half the profits arising from the aforesaid Pierce Whealan's house (until such time as my son John arrives in St. John's and claims his part) and my own bed and bedding.
Item, I give and bequeath to my dear son John Byrne the sum of two hundred pounds at preasent in the hands of Patk Morris, Treasurer, paying an interest of three per cent per annum together with the corner house in the occupacy of the widow Lambert provided he return home in any time for five years from the day of my interment, to demand it. And should the said John Byrne not return in said time the said two hundred pounds with the interest thereon shall be equally divided betwixt James Byrne and his brother Martin and the houses remain as first stated in my will. And also be it understood should the said John Byrne return in due time as heretofore mentioned, and not feel inclined to stop in St. John's or the country, he the said John Byrne shall have no claims on the said house assigned him or any other part of my property save only the two hundred pounds and the interest thereof, now in the hands of Patk Morris, Thr.
Item, It is my will that Patk Walsh Victualler and John Kinsland, Smith. both of St. John's Newfdland, be the executors of this my will, and I hereby constitute and appoint them such executors.
Item, I will that all bequests herein made shall be deemed and taken to be made with such intention as shall be declared by said executors and that they the said executors shall be the sole arbitors of the same, to the intent that litigation may be avoided.
Item, I declare and publish this my last will and testament utterly and to all intents and purposes revoking and annulling all and every former wills or will by me heretofore made, subscribed or declared.
Given under my hand this twenty seventh day of March eighteen hundred and forty eight. Patrick Byrne.
Signed published and declared in presence of us the day and year above written. John Kinsela, Patk Doutney.
D. M. Browning