Will of Thomas Byrne
from Newfoundland will books volume 3 pages 339 to 342 probate year 1874

In re
     Thomas Byrne deceased.

In the name of God Amen.     I Thomas Byrne of Saint John’s in the Central District of the Island of Newfoundland, Land and Road Surveyor, do hereby make my last will and testament in manner following that is to say I desire that all my debts shall be paid as soon as conveniently may be after my decease.

In order to pay off the balance of the mortgage held by the representatives of the estate of the late Doctor Samuel Carson upon my dwelling houses and premises in Duckworth Street Saint John’s It is my will and desire that the land belonging to me situate in Topsail and containing ten acres and two roods more or less shall be sold, reserving out of the same the piece or parcel of land upon which the Roman Catholic school house at Topsail now stands and which said piece or parcel of land measures in front along the maine road eighty feet and eighty feet down along the road leading to the Quarry and from thence a straight line to join the two extreme points forming a triangle and which said piece or parcel of land is now in the possession of the Reverend Thomas O’Connor Parish Priest of Portugal Cove and it is my will that the said described piece or parcel of land shall be held by the said Reverend Thomas O’Connor and his successors in the said Parish for the purposes of a Roman Catholic school     But should the said piece or parcel of land cease to be used for the purpose aforesaid then it is my will and desire that the said piece or parcel of land should revert to my heirs     Should the proceeds of the sale of my property at Topsail be insufficient to pay off the balance of the mortgage upon my dwelling houses and premises in Duckworth Street It is my further will and desire that the balance of the purchase money of the said land sold by me in the year of our Lord one thousand eight hundred and sixty six to Daniel Fitzpatrick and due to me and also the land belonging to me and immediately adjoining the land sold to the said Daniel Fitzpatrick and which said land extends along the Northern side of the main road leading to Topsail to a point opposite Mr. William Morrison’s gate and measuring about fifteen chains more or less from the western boundary of the land already granted to me on the fifteenth day of February in the year of our Lord one thousand eight hundred and sixty six along the said road and thence running north from said road fifty chains more or less and which said piece or parcel of land has been in my possession since the year of our Lord one thousand eight hundred and thirty six And a piece or parcel of land situate on the west side of the lane leading to Flower Hill farm north of the Cribbies shall also be sold if the properties before described are insufficient to pay off the debt upon my dwelling house and premises in Duckworth Street and after paying off the debt upon my said property in Duckworth Street if any surplus remain it is my will that such surplus or remainder arising from the sale of the several properties before mentioned shall go to the support of my children namely Margaret Mary Joseph Byrne, Elizabeth Mary Joseph Byrne, Isabella Anne Joseph Byrne, Maria Joseph Byrne, Mary Anne Joseph Byrne and William Thomas Francis Byrne.     It is my further will and desire that my children above named shall reside in the dwelling house and premises now in my occupancy together as long as they are not otherwise provided for until my youngest child William Thomas Francis Byrne shall attain the age of eighteen years and on his attaining that age then my said houses and premises in Duckworth Street shall be divided into eight shares for the benefit of my said children as follows, I give devise and bequeath unto my daughter Margaret Mary Joseph Byrne two shares as a token of my affection for her on account of her attention to me and my children, I give devise and bequeath to my daughters Elizabeth Mary Joseph Byrne, MariaIsabella Anne Joseph Byrne, Maria Joseph Byrne and Mary Anne Joseph Byrne one share each, unto my son William Thomas Francis one share and one share to my oldest daughter Catherine Hickey alias Byrne, now residing at Halifax, Nova Scotia, on account of her kindness to me and her brothers and sisters before she left us.    But in case the said Catherine Hickey alias Byrne should die before the said William Thomas Francis Byrne attains the age of eighteen years then her said share to revert to her children share and share alike.

It is my further will and desire that if in the opinion of my executors it would be more beneficial for the interests of my said children that both my houses in Duckworth Street should be let to tenants, and that my said children should reside in a house which may be obtained at a cheap rental. It is my will that my said houses should be so let and the profits derivable therefrom devoted to the support of the most needy of my said children that is such of them as may not be provided with situations or married until my youngest child William Thomas Francis Byrne shall attain the age of eighteen years, and it is further my will that my said son shall be kept at school until he is fairly educated. I will and bequeath unto my son William Thomas Francis Byrne my silver watch prismatic compass, measuring chains and all my surveying instruments to be given him at the discretion of my executors or sold for his benefit.

And as regards the remainder of my personal property and effects such as household furniture books and personal property of whatever nature or kind it is my will and desire that such personal property shall be valued and divided into seven shares which I give devise and bequeath unto my children as follows, unto my daughter Margaret Mary Joseph Byrne two shares unto my daughter Elizabeth Mary Joseph Byrne, Isabella Anne Joseph Byrne, Maria Joseph Byrne and Mary Anne Joseph Byrne one share each, and unto my son William Thomas Francis Byrne one share-     It is my further will that in valuing the furniture and personal effects the pianoforte should be given unto my daughter Margaret Mary Joseph Byrne as part of her shares at the fair value thereof But I desire that the shares of my said furniture and personal effects shall be divided as nearly as possible in proportion to the value of the whole and distributed between my said children as above mentioned.     And should any of my children be disposed to give trouble to each other by taking law proceedings or otherwise     It is my will that such child or children so offending shall forfeit her, his or their share or shares and such share or shares so forfeited shall be divided amongst such of my children aforesaid as shall be obedient and contented with the fair and honest valuation and distribution of my said furniture and personal effects.     And in the event of any of my said children dying the share or such child or children so dying shall revert to the surviving children herein mentioned to be equally divided amongst them-

I give devise and bequeath any amount of salary that may be due to me by the Government at the time of my decease for the support of my children herein before mentioned and now residing with me     And lastly I hereby nominate and appoint Edward O’Flaherty of Saint John’s aforesaid Baker, and my son James Byrne of Saint John’s aforesaid Farmer, executors and my daughter Margaret Mary Joseph Byrne executrix and Elizabeth Mary Joseph Byrne executrix of this my last will and testament and I hereby revoke all former wills, codicils or other testamentary documents made by me at any time heretofore and declare this to be my last will and testament-     Dated at Saint John’s in the Island aforesaid this sixteenth day of November in the year of our Lord one thousand eight hundred and sixty eight.

Thomas Byrne (LS)     Signed sealed published and declared as and for his last will and testament who in his presence and in the presence of each other at his request have subscribed our names as witnesses on the day of the date hereof “the words “and now residing with me” (on the last page between 6 and 7 lin being interlined)
Michael J. Rawlins,     John Casey,     John McBride.

Certified correct,
D. M. Browning
Registrar