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Will of Thomas Byrne
I Thomas Byrne of Saint John’s in the Island of Newfoundland Cooper do make and publish this my last will and testament in manner following First I resign my soul to Almighty God and my body I commit to the earth and my worldly goods estate and effects I give and bequeath as follows: First I give and bequeath to my son John Byrne certain leasehold property hereinafter mentioned that is to say all my right title and interest in and to four dwelling houses together with a cooper’s shop attached thereto situate on the east side of Cochrane Street in the town of Saint John’s aforesaid for his use and benefit during his lifetime and after his death then I give and bequeath the aforesaid dwelling houses Coopers shop and their appurtenances to my grandsons Thomas Byrne and James Byrne and after their death I give and bequeath the said premises to my grandchildren or the survivors of them share and share alike, Also I give and bequeath to my son John Byrne all my right title and interest in and to certain leasehold premises namely eleven houses with their appurtenances situate North Street East in the town of Saint John’s to and for his use and benefit during his life time and after his death I give and bequeath the last-mentioned houses and premises with their appurtenances to my grandson Thomas Byrne with the exception of the corner shop and dwelling house which I give and bequeath to my grand daughter Ellen Byrne and in the event of the said grand daughter Marrying and having issue (after her death) I give and bequeath the said shop and premises to her issue, but should she die without issue then I give and bequeath the same to my said grandson Thomas
Also I give and bequeath to my said son John Byrne the sum of fifty pounds to be paid him after my death out of whatever amount that may be in the Union Bank belonging to me at the time of my death Also I give and bequeath to my grandson Thomas my silver watch Also it is my express will that the said premises nor any part thereof shall be sold or mortgaged Also I give and bequeath to each of my grandchildren one feather bed and bedding Also I give and bequeath to my grandson Thomas five pounds which sum the building fund of St. Patricks Hall stands indebted to me. And finally all the rest and residue of my household goods and other furniture and not hereinbefore mentioned and whatsoever and wheresoever the same may be and not hereinbefore given and disposed of (after payment of my just debts and funeral expenses) I do give and bequeath the same to my said legatees hereinbefore named share and share alike and in the event of the death of either of them then the same whatever it may be I give to the survivors of them to be equally divided And I do hereby revoke all former wills by me at any time heretofore made declaring this to be my last will and testament and I do hereby nominate and appoint my friend Mr. John Ryan sole executor to this my last will In witness whereof I have hereunto set my hand and seal at Saint John’s aforesaid this _______ day of September in the year of our Lord one thousand eight hundred and eighty. Thomas Byrne. Signed sealed and published by the said testator as and for his last will and testament in presence of us who at his request in his presence and in the presence of each other have subscribed our names as witnesses thereto, Rob. R. Holden. Thomas Byrne.
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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