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A Collection of Newfoundland Wills
Mary Cantwell


Will of Mary Cantwell
from Newfoundland will books volume 7 pages 466 to 468 probate year 1905

In re the Estate of Mary Cantwell       deceased

This is the last will and Testament of me, Mary Cantwell, of St. John's in the Island of Newfoundland, widow. I revoke all former wills by me at any time made, and I appoint Clement Alcock, of St. John's, deputy registrar of shipping, to be the executor of this my will.

I give and bequeath to my adopted daughter Mary Patricia McGirr(?), usually known as Poppy Skinner, the piano in my house on Military road I also give and bequeath to the said Mary Patricia McGirr my household furniture and my clothing, and I direct that she shall, subject as hereinafter mentioned, allow my old servant Catherine Brophy to have the use of the said furniture jointly with her during the life of the said Catherine Brophy, and divide the said clothing with the said Catherine Brophy.

I direct my said executor to expend ten dollars per year for ten years after my death upon the celebration of masses for the repose of my soul.

I give and bequeath to my said executor all the rest residue and remainder of my property First upon trust to make provision out of the rents issues and profits thereof if the same shall suffice for this purpose and also for that secondly hereinafter mentioned, or, if otherwise, then by raising money upon the security of my landed property, for the payment of my lawful debts and secondly upon trust to apply so much of the said rents, issues, and profits as my said executor shall in his discretion think proper, for the support and maintenance of the said Mary Patricia McGirr until her death or marriage, whichever shall first occur, and, subject as hereinafter mentioned, for the support and maintenance of the said Catherine Brophy until her death or marriage which ever shall first occur, and thirdly upon trust after the termination of the preceding trust by the death or marriage of the said Mary Patricia McGirr and by the said Catherine Brophy to apply the said rents, issues, and profits to such Roman Catholic charities as my said executor shall from time to time select, with power to my said executor, if he shall think fit, to convert any or all of my said property into money and to give the principal thereof among such charities or any of them and either absolutely or in trust, or to convey in specie(?) all or any of such property to such charities or any of them, and either absolutely or in trust, in such manner as my said executor shall think fit, and I hereby direct and declare that the gifts and provision made to and for the said Catherine Brophy in this my will shall be accepted by her in lieu of any claim which she may have or claim to have against me or my estate for wages or otherwise, and that if the said Catherine Brophy shall not accept such gifts and provision in full satisfaction of such claim, then this my will shall be read and shall take effect as if the said Catherine Brophy were not mentioned therein at all and the trusts by this will imposed upon my executor shall be varied accordingly.

In witness whereof I have hereunto subscribed my hand at St. John's aforesaid this 26th day of May A.D. 1904 Mary her X mark Cantwell.
Signed published and declared by the testatrix as and for her last will and testament in our presence, the same having been first read over and explained to the testatrix who appeared perfectly to understand the same and who signed the same by making her mark thereto in presence of us, who, in her presence and in presence of each other, at her request hereby subscribe ourselves as witnesses. Chas. O'Neill Conroy(?)     G.R.D. Charlton. Fleet surgeon R.N.

I certify the foregoing to be a correct copy of the last will and testament of Mary Cantwell deceased
D. M. Browning

(Listed in the margin next to this will the following)
June 14. 05
By the court
D. M. Browning
granted on
the 19th day
of April A.D. 1905
to Clement



Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written 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. 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.

This page contributed by Judy Benson and Ivy F. Benoit

REVISED BY: Ivy F. Benoit May 7, 2002

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