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A Collection of Newfoundland Wills
(A)
Patrick Joseph Allan

 

Last Will and Testament of Patrick Joseph Allan
March 2, 1881
Hyacinthe Denis Cote, Notary Public, #1508 (Montreal, Point St. Charles)

On this second day of the Month of March in the Year of Our Lord one thousand eight hundred & eighty one.
Before H. D. Cote, the undersigned Public Notary for the Province of Quebec, residing in the District of Montreal, and in the actual presence of the undersigned Mr. Edward O'Byrne, trader & William Fennell, Machinist, both residing in the Parish of St. Gabriel de Montreal, in the aforesaid Districty & qualified according to Law & specially called for the purpose of this Last Will & Testament.
Personally came and appeared Mr. Patrick Joseph Allan heretofore farmer of St. Johns of Newfoundland & now residing in the said Parish of St. Gabriel de Montreal. Who being in good bodily health & of sound mind, judgment, memory & understanding as appeared both to the said Notary & witnesses & moreover having all the capacities & qualities according to Law for to dispose of his real & personal estate, hath said , dictated & named (fait, dicte, & nomme) this his last Will and Testament unto the said Notary in the actual presence of said witnesses, as follows, to wit:
Firstly, I do hereby revoke & make void & null all former wills & testaments by me at any time heretofore made.
Secondly, I will that my debts be paid & injuries caused by me be repaired by my testamentory executor hereinafter named.
Thirdly, I do hereby give & bequeath unto Michael Joseph O'Mara, Barrister at Law, David O'Mara, Magistrate, John Thomas O'Mara, Druggist, these three residing at St. John's, Newfoundland and unto Edward Fanning, accountant of the said Parish of St. Gabriel de Montreal the full & entire property of my real & personal estate, that I will have & possess at the hour & time of my decease. For by them use, enjoy & dispose of my said real & personal estate as their own property by virtue of these presents instituting them my universal legatees, in favour of them I depossess of my said real & personal estate. I will & wish that all my real & personal estate so bequeathed & given to my said universal legatees hereinbefore named be divided equally between them for each one of them & his heirs or legal representatives to use, enjoy & dispose of his share of my said estate as he will like & his own property by virtue of these presents. This gift is made at the express conditions that before such division of my said estate be made between my said universal legatees hereinbefore named, that the following must be paid to the following persons, to wit:

  1. To Patrick Maloney, servant man engaged at Belvedere, Newfoundland, the sum of One Hundred Dollars currency.
  2. To James Daly, clerk of St. John's, Newfoundland, One Hundred Dollars same currency.
  3. To Kate Brazil, my cousin of the same place, the sum of One Hundred Dollars same currency.
  4. To Kate Irwin, daughter of late Walter & Mary Irwin, To Mary Francis Irwin, daughter of William & Kate Irwin, To Margaret Dunn, daughter of Robert & Johanna Dunn and to Walter Joseph Morrissey, son of Walter & Honorah Morrissey, all residing at St. John's, Newfoundland aforesaid to each one of them the sum of eighty dollars said currency.
  5. For masses for the repose of the souls of my father, mother & brothers & my own to be celebrated during twenty years, after my death, the sum of four dollars, said currency to be paid every year during said twenty years. The sums hereabove mentioned will be paid & settled by my Testamentory executor hereinafter named, with the profit or produce or revenue of my said real & personal estate - for masses as aforesaid and to each one of these seven last legatees before the division of my estate between my said unversal legatees hereinbefore named, before said division of my estate.

Fourthly, I name & appoint for my Testamentory Executor the person of Mr. Edward Fanning, one of my said universal legatees, into the hands of whom I remit all my estate for to be disposed of the same as hereinbefore mentioned.
This Will & Testament was thus made, dictated & named, fait, dicte & nomme, by the said Testator to the said Notary who has written the same as it was dictated at St. Gabriel de Montreal, in the office of Said Notary, on the day Month & Year first above written & the said Notary having read the said Will & Testament to the said Testator in the presence of Said Witnesses. The said Testator declared to have well understood the same & that it was the true expression of his intentions & last wills: And the said Testator has signed his name in the presence of said Notary & witnesses who have signed the same in the actual presence of Said Testator & of each one of the others said Notary & witnesses. This Will & Testament having been first duly read according to Law.

Words struck out are void. Marginal notes are good.

Signed:

Patrick Allen
Edw. O'Byrne
William Fennell
Hyacinthe D. Cote
, N.P.

 

 

Page Contributed by Sheila Hennessy

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013 AST)

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