Will of Mary M. Casey
from Newfoundland will books volume 7 pages 550 to 552 probate year 1906
In re the estate of
Mary M. Casey deceased
I Mary M. Casey of Saint John's in the Island of Newfoundland, widow hereby revoke all former wills and testamentary dispositions made by me, and declare this to be my last will and testament.
I appoint James D. Ryan, Esquire of St. John's aforesaid, and Charles O'Neill Conroy, Esquire of the said place (hereinafter called "my trustees") to be the executors and trustees of this my will.
I give to the Very Reverend Dean Ryan of St. Patrick's Riverhead, the sum of one hundred dollars to be expended in masses for the repose of my soul and to the Reverend Charles H. O'Neill of the Palace(?), St. John's, the sum of one hundred dollars for the same purpose. And whereas I have agreed with my daughter Ellen Mary O'Dwyer to pay the sum of three hundred dollars by twelve equal quarterly instalments of twenty-five dollars each during the years 1901, 1902, and 1903 towards the education of my granddaughter Mary O'Dwyer at the Convent of the Sacred Heart in Halifax, Nova Scotia, I declare that it shall be lawful for my trustees to pay to the said Ellen Mary O'Dwyer in installments as aforesaid any portion of the said sum of $300.00 which shall be unpaid at the time of my death to be expended for the purpose aforesaid by the said Ellen Mary O'Dwyer. And I give to my two grandchildren Angus and Vera O'Dwyer my Newfoundland Government Debenture Number 122 dated 31st December 1899 for the sum of four hundred and sixty-one dollars and fifty-four cents to be owned by my said grandchildren share and share alike.
And I devise and bequeath to my trustees all my estate not hereby otherwise disposed of upon trust that my trustees shall sell and convert into money the same or such part thereof as shall not consist of money or Government Debentures and shall with and out of the proceeds of such sale and conversion and with and out of my ready money pay my funeral and testamentary expenses and debts and the legacies bequeathed by this my will or any codicil thereto and shall unto the residue of the said moneys and other property divide the same into three equal parts or shares, and shall pay one of such parts or shares to my said daughter Ellen Mary O'Dwyer, and another of such parts or shares to my daughter Margaret Charlton and the third of such parts or shares shall invest, with power to vary such investments, and shall stand possessed of such investments and of the income arising thereout upon the trusts following that is to say:
- First out of the income arising from the said investments during the lifetime of my son Thomas Dunford Casey to make to the said Thomas Dunford Casey or to his wife (if any) an allowance of such an amount and either by quarterly, monthly, or other payments and generally in such manner as my trustees shall think fit, and my trustees may either pay the said allowance into the hands of the said Thomas Dunford Casey or into the hands of his wife, or may apply the same for his or her benefit in such manner as my trustees shall think fit. And I expressly declare that it shall be in the absolute discretion of my trustees whether they will make any such allowance or not, and they may at any time discontinue or suspend the same either wholly or partially without assigning any reason for so doing. And I declare that any surplus income unexpended by the said allowance shall pass and be disposed of in the same manner as the principal sum invested.
- Second upon the death of my said son Thomas Dunford Casey leaving lawful issue to pay the principal sum invested to the said issue share and share alike.
- Third upon the death of my said son without lawful issue to pay the principal sum invested to my said daughters Ellen Mary O'Dwyer and Margaret Charleton share and share alike. Children of a deceased daughter taking their mother's portion in equal shares. And I declare that my trustees may instead of asking personally, supply employ and pay a solicitor or other person to transact any business or do any act required to be done "in connection with the administration of my estate or the trusts hereby declared, including the receipt and payment of money and that any executor or trustee, being a solicitor, or other persons engaged in any profession or business may be so employed, and shall be entitled to charge and be paid all professional or other charges for any business or act done by him or his firm in connection with the trust including any act which an executor or trustee, not being a solicitor or other person engaged as aforesaid could have done personally".
In witness whereof I have set my hand to this my will the 10th day of September A.D. 1901. Mary M. Casey.
Signed by the above named Mary M. Casey as her last will in presence of us, both being present at the same time who in her presence and in the presence of each other have hereunto subscribed our names as witnesses William F. Lloyd. Geo Ivany.
I certify to foregoing to be a correct copy of the last will and testament of Mary M. Casey.
D. M. Browning
(Listed in the Margin next to this will the following)
Feby. 2. 06
to James D. Ryan
& Charles O'N Conroy