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Will of Patrick Byrne
In the name of God Amen, I Patrick Byrne of Saint John’s in the Island of Newfoundland Shopkeeper do hereby declare the following to be my last will and testament.
First, I will and direct that as soon after my decease as shall be practically convenient my executors hereinafter named, shall out of my money pay all lawful debts that shall be due by me or my estate.
Second, I give and bequeath to my beloved wife Ellen Byrne the sum of three hundred pounds currency one hundred pounds of which are now in her possession and from part of this bequest my executors shall therefore pay her the sum of two hundred pounds to make the said sum of three hundred pounds: Also I give and bequeath to her all my estate and interest of lease hold or otherwise of in and to my dwelling house land tenements and premises situate on Lime Kill Hill in Saint John’s aforesaid subject to all rent due therefore or to accrue due thereon during my term therein and I also give and bequeath to her all my household furniture, beds bedding, goods and chattels in my said dwelling house, and also one cow, to have and to hold the said money house land tenements and premises furniture beds bedding goods chattels and cow to her own exclusive use and benefit free and clear of the control of any person or persons whomsoever and without any abatement or diminution in any respect whatsoever.
Third, I give and bequeath to my sister Margaret Conway wife of James Conway of Saint John’s Fisherman the sum of ninety five (£95) pounds currency for her own exclusive use benefit and disposal and free of the control interference or disposal of her present or future husband.
Fourth, I give and bequeath to my sister Mrs. Paul Hennessy wife of Paul Hennessy of St. John’s Carpenter the sum of fifty pounds currency for her own exclusive use benefit and disposal and free and clear of the control interference or disposal of her present or future husband.
Fifth, I give and bequeath to my nephew James Hennessy son of the said Paul Hennessy the sum of forty pounds currency.
Sixth, I give and bequeath to my said executors hereinafter named the sum of twenty pounds (£20) currency, in trust for my niece Ann Doyle to be paid to her by my said executors as follows, that is to say, by quarterly payments of forty shillings currency in each payment the first quarter’s payment to be made at the expiration of one quarter of a year from my decease.
Seventh, I give and bequeath to the Right Reverend John Thomas Mullock, Catholic Bishop of the Diocese of Saint John’s and to his successors therein the sum of eighteen pounds currency for two High Masses for the good of my soul.
Eight. I give and bequeath to my said executors the sum of fifty pounds (£50) currency to defray my funeral expenses and all matters relating thereto, including my grave and a good head stone and the erection thereof over the same to my memory.
Ninth. I give and bequeath to the said Right Reverend John Thomas Mullock and to his successors in the said Diocese the sum of fifteen pounds currency for the use and benefit of the Catholic Cathedral in Saint John’s aforesaid.
Tenth, I give and bequeath to the said Right Reverend John Thomas Mullock and to his successors in said Diocese the sum of twenty pounds (£20) currency for the use and benefit of the Catholic Orphanage and the poor children therein in Saint John’s aforesaid.
Eleventh, I give and bequeath to the officers of the Society of Saint Vincent de Paul in Saint John’s aforesaid, the sum of five pounds (£5) currency for them to distribute the same among the most deserving poor in St. John’s aforesaid.
Twelfth. I give and bequeath to the said Right Reverend John Thomas Mullock and to his said successors the sum of seven pounds ten shillings (£7..10.) currency for the use and benefit of the Convent of Mercy in Saint John’s aforesaid-
Thirteenth, I give and bequeath to the said Right Reverend John Thomas Mullock and to his said successors the sum of seven pounds ten shillings (£7..10..0) currency for the use and benefit of the Presentation Convent near the said Cathedral in Saint John’s.
Fourteenth. I give and bequeath the sum of twelve pounds currency as follows viz: to the Reverend Father Troy of Torbay, the Reverend Father O’Connor of Portugal Cove, and the Reverend Father Byrne of Saint John’s the sum of two pounds currency each, and to the three Catholic clergyman officiating and attending in the said Cathedral at my decease the sum of two pounds currency each for the celebration of Masses for the good of my soul. Provided always that the said Rev. Father Byrne shall not be considered as one of the said three clergyman.
Fifteenth, I give and bequeath to my brother-in-law David Murphy of Saint John’s Fisherman the sum of ten pounds currency.
Sixteenth, If after paying off all the debts expenses legacies and bequests and satisfying the same as aforesaid there shall still remain any sum or sums of money in the hands of my said executors undisposed of, I give and bequeath such residuary sum or sums of money as follows, that is to say, out of the said sum or sums of money my said executors shall pay to my said nephew James Hennessey the further sum of ten pounds currency for his own use and benefit, and I give devise and bequeath all the rest residue and remainder of my said money bank deposits goods chattels and effects remaining after paying off and satisfying all the said debts expenses legacies and bequests as aforesaid in manner and form following that is to say, I give devise and bequeath such residue and remainder as aforesaid to my executors for such charitable or religious uses or purposes as they may deem fit.
Seventeenth I do hereby appoint Messrs. William M. Blake of Saint John’s, tin plate worker, and Valentine Merchant, Draper, of the same place, executors of this my last will and testament, hereby revoking all former wills made by me- As witness my hand at St. John’s aforesaid this twenty eighth day of January anno Domini one thousand eight hundred and sixty two- Patrick his X mark Byrne. Signed, published and declared by the said Patrick Byrne as and for his last will and testament on the day and year last aforesaid having been first read over to and approved of by him in our presence. Wm. M. Brake, Valentine Merchant.
I Patrick Byrne the testator named in the foregoing and annexed will do hereby add the following thereto as a codicil to said will, that is to say, Whereas my late sister Mrs. Paul Hennessey one of the legatees named in the said will hath recently departed this life and the legacy of fifty pounds therein left to her hath lapsed And Whereas I have expended out of the same the sum of thirteen pounds for her funeral leaving the balance of thirty seven pounds currency to be disposed of by me as follows that is to say Out of said balance I give and bequeath to James Hennessey one of the legatees named in the said will the further sum of eighteen pounds and ten shillings currency for him to take and enjoy the same in addition to the bequests and legacies left by me to him in my said will, and out of said balance I further give and bequeath to Margaret Conway one other of my legatees named in my said will the further sum of eighteen pounds and ten shillings (£18..10..0) currency for her to take and enjoy the same for her own exclusive use and benefit in addition to the legacies and bequests left by me to her in my said will and free of the control or disposal of any husband she may have Provided always that nothing in this codicil shall in any way affect or diminish the legacies or bequests left by me in and by my said will to the said James Hennessey or Margaret Conway And I do hereby confirm my said will in all other respects except as to the said lapsed legacy of £50 to the said late Mrs. Paul Hennessey which I have disposed of as I have stated in and by the foregoing codicil- As witness my hand this 2nd day of June A.D. 1862. Patrick his X mark Byrne. Signed published and declared by the said Patrick Byrne as and for a codicil to his said last will and testament having been first read over to him and approved of by him in our presence on the day and year last aforesaid. Wm. M. Blake, Valentine Merchant.
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 and also no paragraphs. 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. However, in some of the very long wills, we have tried to insert paragraphs to make it easier for the researcher to read the document.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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