Will of John Casey
from Newfoundland will books volume 6 pages 15-18 probate year 1893

Last Will and Testament of
John Casey of St. John's
Commissioner of Poor deceased.

      This is the last will and testament of me John Casey of St. John's in the Island of Newfoundland Commissioner of Poor I revoke all wills by me at any time heretofore made. I will and bequeath all my household furniture, plate, goods, stock, horses, cattle, - carriages, carts, farming stock, tools and utensils money and securities for money unto my dearly beloved wife to her sole separate and absolute use. All the rest residue and remainder of my estate I will devise and bequeath unto my executors hereinafter named to hold the same upon trust for the purposes hereinafter set forth.
First to hold the same for the sole use and benefit of my said wife during her lifetime and after her death all that piece or parcel of land situate at Flower Hill with the Dwelling house thereon now occupied by me and the barn and outhouses in the rear thereof, commencing at the orchard fence and running northwardly to about thirty five feet north of said barn thence eastwardly about seventy five feet to Casey Street thence southwardly along Casey Street about Three hundred and fifty feet thence westwardly about one hundred and twenty five feet, my executors are to hold for the use and benefit of my son Thomas during his lifetime and after his death to his lawful children absolutely. Should he die without lawful issue then the said land and premises are to go to his sisters equally. Children of deceased sisters taking their parents share.
Also after my wife's death the whole of my Farm on the North side of Pennywell Road intersected by the Railroad and extending from the Pennywell Road to land belonging to Michael Dea and land in the occupancy of Summers bounded on the south by said Pennywell Road On the west by a Cross road leading from the Pennywell Road to Freshwater On the East by land belonging to the estate of the late Dr. Winter and partly by a public bog and on the north by land in the occupancy of said Dea and Summers is to be held by my executors for the use and benefit of my said son Thomas during his lifetime and after his death to his lawful children absolutely. Should he die without lawful issue the same is to go to his sisters equally, children of deceased sisters taking their parents share.
After my wife's death also the field on the south side of Freshwater Road, bounded on the north by said road on the south by land in the possession of James Tobin and bounded on the east by a Cross road leading from Pennywell road to Freshwater road and on the west by property at present in the occupancy of Patrick Quinn is to be held by my executors for the use and benefit of my daughter Johanna during her lifetime and after her death to go to her children absolutely. Should she die without issue the same is to go to her brother and sisters share and share alike children of deceased brother and sisters taking their parents share.
After my wife's death also the field in the possession of Timothy O'Brien and situate on the south side of the Freshwater Road bounded on the north by said road, on the west by the cross road before mentioned on the south in an irregular line by the property of Adams and Hayward and on the east by the land in possession of Roil as tenant my executors shall transfer to my daughter Maggie Charlton for her sole separate and absolute use and benefit.
After my wife's death the house and land in the possession of James Roil as tenant situate on the south side of Freshwater Road bounded on the north by said road on the east by a cross road leading from Pennywell road to Freshwater on the south by a small field belonging to me and by the property leased to Thomas and John Grady my executors shall transfer to my daughter Ellie O'Dwyer for her sole use and benefit absolutely.
After my wife's death also all the rest residue and remainder of my Flower Hill property and also the field situate on the south side of Pennywell Road containing Four and one half acres at present in the occupancy of John Rooney as Tenant bounded on the north by the Pennywell road on the south by land belonging to Ayre and Smith on the east by Barter's Road and on the westerly land in the possession of James Neil And also the land leased to Thomas and John Coady and the small field last of it And also the Duckworth Street property situate on the north side of said street and measuring thereby forty feet and extending from front to rear about forty one feet is to be held by my executors to pay the rents issues and profits arising therefrom equally to my said children. But if in dividing the said rents issues and profits the share of my said daughter Johanna in such equal division should not amount to the sum Three hundred and twenty dollars per annum then the shares of her brother and sisters in the rents issues and profits of this part of my estate shall be equally diminished in order to maker her share Three hundred and twenty dollars a year. And the said bequest of Three hundred and twenty dollars to my said daughter Johanna is hereby declared to be a first charge upon this part of my estate. And in dividing the rents issues and profits of this part of my estate the bequests and devises hereinbefore made to my son Thomas are to form part of his share and to be taken into account in making such equal division. And it is understood that my said son Thomas shall participate in the division only in case the rents issues and profits of the property hereinbefore specifically bequeathed to him do not amount in nature to the shares of my daughters Ellie and Maggie in a division of their part of my estate. In any year when the reserve of the said property specifically bequeathed to him shall fall short of the shares of my said daughters Ellie and Maggie the deficit shall be made up to him out of my Flower Hill property should it however exceed an equal proportion he is to have the benefit of such excesses.
On the death of any of my said children his her or their share or shares of this last mentioned part of my estate shall go to their lawful children, but should they or any of them die without lawful issue then their share or shares shall go equally to the survivors, children of deceased children taking their parents share.
Should my said daughter Johanna marry she is only to share in this part of my estate equally with her brother and sisters and her share is then to be liable to the contribution towards the share of my said son Thomas as aforesaid.
The Flower Hill property is not to be sold by my executors but is to be leased from time to time for building purposes, but if not so leased may be rented from season to season to the best advantage. The annuities rents issues and profits hereby willed and bequeathed are to be paid by my executors half yearly.
I appoint my wife and Edward Shea of St. John's solicitor Executrix and Executor of this my will. In witness whereof I have hereunto subscribed my name at St. John's aforesaid this twenty third day of March A.D. one thousand eight hundred and ninety three. (Sgd) John Casey. Signed Published and declared by the said Testator as and for his last will and Testament in the presence of us, who in his presence at his request and in presence of each other have hereunto and declared by the said Testator as and for his last will and Testament in the presence of us, who in his presence at his request and in presence of each other have hereunto subscribed our names as witnesses hereto. (Sgd) James Worrall. (Sgd) Richard J. Brazil

      I certify the foregoing to be a correct copy of the last will and Testament of John Casey deceased

Registrar

(Listed in the margin next to this will the following)
Fiat
Jos I Little J
Probate
granted to
Mary M Casey
& Edward Shea
the Exors
Dated
June 13: 1893
Estate
sworn under
$36,500.00