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A Collection of Newfoundland Wills
(C)
John Cuddihy

Disclaimer: The wills for volumes 1 and 2 are not made from the original will books, but rather from a set of books written up from the originals about 100 years later. The 1846 hand written will book that we are putting up along with the wills from the volume 1 will book, is not the original will book. It was made, probably within a decade of the death of the testators, but it is not an exact replication from the original will book.

 

Will of John Cuddihy
from Newfoundland will books volume 1 pages 509 to 512 also 523 & 524 probate year 1847.
This name is spelled Cuddihy, Cuidihy, Cudihy in this will

In re John Cuddihy      deceased.

In the name of God Amen, Dated at Saint John's this thirteenth day of November in the third year of the Reign of our Sovereign Lady Victoria of the United Kingdom and Ireland Queen, and in the year of our Lord one thousand eight hundred and thirty nine. I John Cuddihy a native of Ireland and at present a resident of Duckworth Street in the town of St. John's aforesaid Skipper and Fish Culler being in bodily health and in sound and disposing mind and memory thanks be given unto God but calling to mind the mortality of my body and knowing that it is appointed for all men once to die, do make and ordain this to be my last will and testament in manner following that is to say, first and principally of all I give and recommend my soul into the hands of Almighty God that gave it, and my body I recommend to the earth to be buried in decent Christian burial not doubting but at the general resurrection I shall receive the same again by the mighty power of God And touching such worldly estate wherewith it hath pleased God to bless me with in this life I give and bequeath the same in the following manner and form.

  • First, I desire and request that all lawful debts due of me at the time of my death shall be paid as soon as possible after my interment.
  • 2nd. I then give and bequeath to my beloved nephew Matthew Cuddihy of Saint John's the houses and ground thereto belonging and situate on the north side of Duckworth Street at present in the occupancy of Patrick Phoran and John Mulcahy and the little house that I now live in together with the ground thereto adjoining westward and fronting Duckworth Street and extending by the picket fence fronting Richard Cuddihy's house and at his (Matthew Cuddihy's) death this bequest reverts to his male children, if any, but in default of male children this property now bequeathed to my said nephew Matthew Cuddihy from thenceforth becomes the joint property of my brother Edmund's two sons now living in the Parish of Moklerstown in the county of Tipperary Ireland, named Laurence and Richard Cuddihy.
  • Third I give and bequeath to my beloved nephew Richard Cudihy of Saint John's the houses and ground in the rere thereto belonging, and at present in the occupancy of John Reynolds and John Brown together with the houses and gardens now in the occupancy of John Gardner and the said Richard Cudihy, and at his (Richard Cudihy's) death the said property entails to all his male children then living by equal shares to each of them.
  • Fourth, As no account for the last three years has been received of my beloved nephew John Cuddihy, mariner, it is generally conjectured that he is dead, but if he is still living, it is my desire and request that he is to have and hold all my dwellings and property situate on the south of Duckworth Street and at the time of his death to his lawful heirs male, if any, and in default of male issue the said property then becomes the joint property of my aforesaid nephews Mathew and Richard Cuddihy of Saint John's, and after the death of either of them the deceased moiety entails to all his male children. It is however my express will and desire that three successive years's rents arising out of all my dwellings and property situate on the south side of Duckworth Street and particularly mentioned in the present item shall be laid out and expended on the improving and repairing the whole of my dwellings and premises previous to delivering up the same to my legatees.
  • Fourth(?), And it being furthermore my express will and desire that all my landed and household property or estate, now bequeathed, shall remain heriditary in my male relations for the time being as aforesaid, it therefore follows that no part of my property shall be enjoyed any of my female relations hereafter, neither shall any of my legatees their heirs or successors for the time being have any power right or authority whatsoever to bargain, sell, assign, transfer, mortgage, or make over by any way or means their portion of this my bequest to them or either of them saving and except to tenents for reasonable yearly rents for any term not however to exceed twenty one years, my property is therefore to remain hereditary in my male relations named Cudihy from henceforth for ever.
  • Fifth, I give and bequeath to the Right Reverend Doctor Fleming the annual sum of six pounds currency, and at his death the said annual bequest or sum of six pounds currency shall entail on his successor and the Roman Catholic Bishop of Newfoundland for ever, this yearly bequest or sum of six pounds shall become due, raised and levied and paid out of my general estate in the first day of November in each year, in manner following, that is to say, Matthew's portion two pounds, Richard's portion (all on the north side) two pounds and two pounds from the legatees who shall possess the portion on the south side of Duckworth Street in all six pounds, His Lordship the Bishop aforesaid, and his successors for the time being shall hold a prior right and claim on my estate for the yearly bequest and I most earnestly request and desire that my said nephews Matthew, Richard (and John if living) their heirs and successors to be always particularly punctual in paying their respective portions unto his Lordship and his successors hand at the time appointed for the payment thereof in each and every year for ever, as it is my desire that his Lordship and his successors would offer up a High Mass once in each year for my soul.
  • Sixth, of the monies now due to me and in the hand of Messrs. Rennie Stewart & Co. Merchants of St. John's, I give and bequeath the following sums, viz, all in currency,
    To the Right Revd Doctor Fleming twenty pounds for his own use to celebrate Masses for me,
    to the Right Reverend Doctor Fleming to be expended by him in building the Cathedral fifty pounds,
    to the Revd Ladies of the Convent in this town forty pounds,
    to the Revd Edward Troy ten pounds (I hope he will offer up priviledged Masses for my soul)
    To the Revd Mr. Waldron ten pounds and five pounds each to the Revd Fathers Forristall, Walsh and Keof(?)
    To Catherine Hearn ten pounds and fifty pounds to each of my brother Edmund's two sons now living in the parish of Moklerstown in the County of Tipperary named Laurence and Richard Cudihy.
    I hope my legatees or executors will provide a tombstone to be placed at the head of my grave, and I hereby nominate and appoint Mr. John Dillon, Thomas Casey and Henry Devereux as executors to this my will, and I do utterly disallow revoke and disannul all and every other testament wills and legacies and bequests by me in any wise heretofore willed or bequeathed, ratifying this and no other to be my last will and testament.

In witness whereof I the said John Cudihy have hereunto set my hand and seal at Saint John's Newfoundland the day and year first above written and being the thirteenth day of November one thousand eight hundred and thirty nine all the money I have bequeathed to the clergy is for celebrating Masses for my soul. John Cuidihy (LS)
Signed sealed published pronounced and declared by the said John Cuidihy as his last will and testament who in his presence and in the presence of each other have hereunto subscribed our names, John Dillon, Thos. Casey. Hy. Devereaux.

(The following codicle on pages 523 & 524)

In re John Cuddihy      deceased

Be it known to all men by these presents that I John Cuidihy of Saint John's Newfoundland have made and declared my last will and testament in writing and bearing date in 1840, the said will is now in the care and possession of the Right Revd Doctor Fleming who is now absent in England, I the said John Cuidihy by this codicil do ratify and confirm my said last will and testament, and do further give and leave for the expenses of my wake and funeral, viz.
For tobacco, snuff and candles & pipes & coffin and grave £13..0..0,
Rum and liquors 7..10..
Wine 4..10,
Bread & cakes and sundry items 5..0,
8 suits of women's mourning of black stuff, that is to say, one suit each for Mrs. Richd Cuidihy, Mrs. Matthew Cuddihy, Mrs. John Funchin, one suit each for Mary Ann, daughter of John Funchin, Mrs. Thomas Casey and Mrs. John Casey, one suit for Catherine Hearn, one suit for Mrs. ____ one suit for Mrs. Cantwell who is now attending me,
I give crapes(?), gloves, to Matthew Cuidihy, Richard Cuidihy, young William Cuidihy and his brothers John and Laurence, James Funchin, Thomas Casey and John Casey.
It is further my desire and request that my funeral expenses shall at least amount to Sixty pounds and more if required. The above sums to be paid by my executors out of my estate and my will and meaning is that this codicil or schedule be adjudged to be a part and parcill of my last will and testament, and that all things therein mentioned and contained be faithfully and truly performed, and as fully and amply in every respect as if the same were so declared and set down in my last will and testament
In witness whereof I the said John Cuidihy have hereunto set my hand and seal at St. John's aforesaid this 12th day of July one thousand eight hundred and forty, Mrs. Cantwell I leave ten pounds curr'y for attending me, Mr. Dillon and Mr. Casey will send for a tombstone to be placed at the head of my grave. John Cuidihy (LS)
Mrs. Cantwell's diet for the winter is to be £3.12 and Richd and Matthew Cuidihy will see it paid. N.B. The western half of the south of Duckworth Street to be for Matthew.
Signed sealed and declared by the said John Cuidihy as his codicil to his last will and testament in presence of us, John Dillon, Thos. Casey, Hy. Devereaux.

Certified correct
D.M. Browning
Registrar

 

 

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.

Page Contributed by Judy Benson and Ivy F. Benoit

Page Revised by Ivy Benoit (August 8, 2002)

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