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A Collection of Newfoundland Wills
(C)
Rose Cleary

 

 

Will of Rose Cleary
from the Newfoundland will books volume 12 pages 368 to 370 probate year 1923

In re ROSE CLEARY.      DECEASED.

I, Dame Rose Cleary, residing in the City of Montreal, in the Province of Quebec and Dominion of Canada, formerly residing at St. John's, in the Island of Newfoundland, Widow of the late Honourable Philip Cleary, in his lifetime of St. John's, aforesaid, do hereby declare the following to be my last Will and Testament.

  • FIRST: I direct that all my just debts, funeral and testamentary expenses be paid as soon as possible after my death.
  • SECOND: I direct my Executors herein after named to pay the sum of five hundred dollars for masses for the repose of the souls of my late husband, Philip Cleary, that of his first wife Dame A. Cleary and of myself, this sum to be taken from the proceeds of my mining properties.
  • THIRD: I give and bequeath to my son Vincent Cleary all my furniture, pictures, paintings, Silver plate and Plated ware, china, and jewellery, as his absolute property.
  • FOURTH: I give and bequeath to Philip Cleary, son of my Stepson, George Cleary, one eighth interest in the Miles Cove Mining property in Sunday Cove, Island of Newfoundland, the shares in that property to be divided between my Stepson, Philip Cleary, my son John W. Cleary and my son Vincent Cleary, the proceeds of the other mining properties, belonging to the estate of my late husband, to be divided between my stepson Philip Cleary, and my sons John W. Cleary and Vincent Cleary.
  • FIFTH: I give and bequeath to my granddaughter, Edith Cleary, daughter of my son John Nugent Cleary, Mundys' Pond property, St. John's West, Newfoundland.
  • SIXTH: I give and bequeath:
    1st. To my Stepson, Philip Cleary the Topsail property.
    2nd. To my son Vincent J. Cleary, the Majors Path and Torbay road property, and also all the shares in the Nail Factory at St. John's, aforesaid.
    3rd. To the Orphans of Belvedere, St. John's, Newfoundland, the sum of five hundred dollars, to be taken from the proceeds of my mining properties.
  • SEVENTH: I give and bequeath to my son Vincent Cleary and stepson Philip Cleary senior, the residue and remainder of all my property moveable, immoveable, real and personal of every description, whatsoever and wheresoever situated, of which the succession may be composed without exception to be enjoyed by them in equal shares from the day of my death; hereby instituting my son Vincent J. Cleary, and my stepson Philip Cleary, my Universal Residuary Legatees dying before me, leaving lawful issue, such shall take the place and share of their predeceased parent.
  • EIGHTH: To execute this, my will, I hereby name and appoint Martin W. Furlong, of St. John's, aforesaid, Barrister and King's Counsel, my Testamentary Executor. I extend his power as such beyond the year and day limited by law and until the complete execution of this will. I grant to him the fullest seizin(?) and possession of all my property, moveable and immoveable, real and personal, of every kind and description wheresoever the same may be situated. My Executor shall have the fullest powers of sale of all my property, moveable and immoveable, real as well as personal, and power to settle and compromise all claims either for or against my estate, without the authorization of any Court or Judge, or of any of the beneficiaries hereunder being required, My Executors shall be liable for bad faith in their management.
  • NINTH: I revoke all wills and codicils heretofore made by me, and declare these presents to contain my last Will and Testament.

In Witness Whereof the said Dame Rose Cleary, the Testatrix, have to this and the preceding sheets of paper set my hand, at the said City of Montreal, this twenty seventh day of June, in the year of our Lord one thousand, nine hundred and twelve.

(Signed)      ROSE CLEARY.

Signed by the said Testatrix as her last Will and Testament in the presence of us present at the same time, who at her request in her presence and in the presence of each other have subscribed our names as witnesses.
(Signed) C. D. Gaudet, of the City of Montreal, Advocate.
     "      Edw. W. Parker, of the city of Montreal, Real Estate Broker.

"B"

I, Dame Rose Cleary, residing, and domiciled, at the city of Montreal, in the Province of Quebec, and Dominion of Canada, and formerly residing in St. John's Newfoundland, Widow of the late Honourable Philip Cleary in his lifetime of St. John's, aforesaid do hereby declare the following to be a codicil to my last Will and Testament, made on the 27th of June 1912.
Owing to the death of Martin W. Furlong of St. John's aforesaid barrister and King's counsel, duly appointed my Testamentary Executor, according to paragraph eight of my said will. I hereby appoint in his place and stead, Charles O'Neill Conroy, of St. John's Newfoundland, barrister and King's Counsel. I extend his powers as such beyond the year and day limited by law, and until the complete execution of this will. I grant to him the fullest seizin and possession of all my property, moveable and immoveable, real and personal, of every kind and description, wheresoever the same may be situated. My Executor shall have the fullest powers of sale of all my property, moveable and immoveable, real as well as personal, and power to settle and compromise all claims either for or against my estate, without authorization of any Court or Judge, or any of the beneficiaries hereunder being required. My Executor shall be liable for bad faith in his management.
In witness whereof, the said Dame Rose Cleary, the testatrix has to this sheet of paper set my hand, at the said City of Montreal, this day of August, in the year of our Lord, 1916. (Signed) ROSE CLEARY.
Signed by the said Testatrix, as a codicil to her last will and testament, in the presence of us, present at the same time, who, at her request, in her presence and in the presence of each other have subscribed each as witnesses.
(Signed) M. R. des Isles, of Montreal.
      "       Gabrielle R. des Isles of Montreal.

CORRECT.
William F. Lloyd
Registrar of the Supreme Court of Newfoundland

(Listed in the Margin next to this will the following)
Fiat May 9/23
Horwood C. J.
Probate granted
to Charles O'Neill
Conroy.
May 9/23.
Estate sworn
at $2,125.00

 

 

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 June 24, 2002

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