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Will of Patrick Cleary
In the name of God Amen. I Patrick Cleary at present of Witless Bay and Dean of the Diocese of St. John’s, being of sound and disposing mind memory and understanding do make and ordain this my last will and testament in manner following, that is to say- After the payment of my just debts and funeral expenses I will and bequeath my lands, chattels, monies and effects as follows
1st I will and bequeath to my executors hereinafter named the sum of six hundred pounds currency to be held in trust by them and invested in good securities and to apply the interest arising therefrom towards the support and maintenance of a Convent of the Order of Mercy hereafter to be established at Bay Bulls. And in the event of no such convent being there erected and established within five years from my demise then I will and direct my executors to pay said interest arising from said capital or principal to and towards the support of such Christian Brothers as may be in charge of any educational institutions in St. John’s. and should there cease to be such then I will and bequeath said principal and interest to such charitable or religious purposes as my executors may deem most worthy of consideration.
2. I will and bequeath to my executors the sum of two hundred and twenty pounds currency to be invested by them in good securities for the Convent of Witless Bay, and the interest arising therefrom to be applied towards the maintenance of that institution.
3. I will and bequeath to my executors the sum of one hundred and ten pounds for the Convent of Mercy, Military Road; and the sum of one hundred and ten pounds for Belvidere Orphanage; to be invested for these institutions in good securities, and the interest applied towards their support; also the sum of one hundred and ten pounds for the Christian Brothers to be similarly invested and applied.
4. I will and bequeath to the Parish Priest pro tem of Witless Bay the sum of one hundred pounds to be distributed amongst the most deserving poor of the parish.
5. I will and bequeath the sums following for the following purposes- that is to say- One hundred pounds to St. Patrick’s Chapel, St. John’s. One hundred pounds to the Chapel of Witless Bay. Three hundred and fifty pounds to new Chapel at Toads Cove. Three hundred and fifty pounds towards a new chapel at Mobile. Eighty pounds to purchase a Bell for Bay Bulls Chapel. Two hundred pounds to the Monks of Mount Mellery, Co. Waterford, Ireland to celebrate Masses, immediately after my death, for my soul. Fifty pounds for Masses for my deceased relations. Fifty pounds for Masses to be offered for those who have none to pray for them. Two hundred pounds to my sister Ellen Devereux of Ambrosetown, Duncormack Co. Wexford, Ireland. One hundred pounds to my brother John Cleary of Maxbooley, Ballymitty Co. Wexford, Ireland. Fifty pounds to my niece Sister Mary Evangelist-alias Anne Cullen of the Carmelite Convent, New Ross, Ireland. One hundred pounds to be equally divided between the surviving children of my cousin Peter Cleary, Brigus North, his wife also to receive a share of the same. One hundred pounds for a chapel school house to be erected at or near Caplin Cove-that is, a building to suit the purposes of a school-house generally, and chapel when necessary for “stations” &c. This sum is intended as a supplement to any amount allowed from the school-grant for the end I mention, and to be held in trust by my executors until commencement of building.
6. I will and bequeath a chalice, a ciborium and a missal to the Convent of Witless Bay; a chalice, ciborium, remonstrance and missal to the chapel of Witless Bay; a chalice to the chapel of Mobile; a chalice and remonstrance to the chapel of Toads Cove and a chalice and remonstrance to the chapel of Bay Bulls.
7. I will and bequeath my vestments to my executors to be equally divided between the three churches of this parish.
8. I will and bequeath my books, household furniture and utensils to my executors to be sold at an honest price and the proceeds to be given for Masses for my soul; also my cattle, carriage, cars and farming implements to be sold and the proceeds to be given to the Society of Saint Vincent de Paul, St. John’s.
9. I will and bequeath all my lots of land and plantations not in immediate conjunction with my fishing-rooms to the use of the churches in those harbors where such lands are situated.
10. 1 will and bequeath my fishing-rooms at Witless Bay to the Convent of that place.
11. I will and bequeath my fishing-rooms at Bay Bulls to my executors to be held in trust by them and to be let to the best available tenants, and to apply the rents arising therefrom towards the erection of Bay Bulls Convent for five years, after the term of five years the said rents to be applied towards the maintenance of said Convent, and if after the lapse of five years from my demise such convent be not erected and established, then I will and direct my executors to sell the above-mentioned fishing-rooms, the proceeds to be given to the parish priest of Witless Bay, to be applied by him to the best advantage for educational purposes through the parish
12. I will and bequeath my fishing-rooms at Mobile and Toads Cove to the Churches of those places.
13. I will and bequeath my dwelling-house and out-offices at Witless Bay to the parish priest pro tem of that place.
14. I will and bequeath my house at Mobile for the use of the priest attending the southern portion of my parish with the obligation of saying ten Masses for my soul, each year of his occupation of that house.
15. All the rest, residue and remainder of my lands, chattels and effects I will and bequeath to my executors to be given one half to the Convent of Witless Bay, the remainder to such charitable purposes as my executors may determine on
16. I will and bequeath to my executors hereinafter named the sum of twenty pounds each. I hereby appoint my friends the Rev. John Scott and Maurice Fenelon of St. John’s and Thomas Driscoll of Mobile executors of this my last will, hereby revoking and annulling all former wills made by me. Made and executed at Witless Bay, this fourteenth day of February one thousand eight hundred & seventy-eight. Patrick Cleary, P.P. Witnesses, Michael P. O’Driscoll, James Shanahan.
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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