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Will of Michael Denief
I Michael Denief of St. John’s in the Island of Newfoundland Farmer do hereby make this my last will and testament in manner following that is to say First. I will and desire that after the payment of all my just debts and funeral expenses, after my death, my beloved wife Elizabeth Deneiff and my daughter Margaret Deneiff shall as long as they shall live together during the lifetime of my said wife take, have, hold and enjoy for their sole and exclusive use and benefit all and singular the lands tenements, hereditaments and premises with the appurtenances thereon or thereto belonging and in my possession situate on the south side of the road leading to Monday’s Pond in the western suburbs of the said town and held by me under lease from Mr. John Casey of the same place the elder, farmer, for the term of forty years from the 29th day of December A.D. 1846 at the annual rent of five pounds and two shillings currency and also to have take and enjoy for their like special use and benefit (free of all control of all other persons) all and singular the goods chattels assets and effects belonging to me and on the said land tenements and premises at the time of my death: Provided that in case my said daughter Margaret should during the life of her said mother get married then my said wife shall retain the northern half part of the said lands tenements and premises with the one half of all said goods and chattels, household furniture assets and effects, during her life time, she the said Margaret taking the southern half part of said lands, tenements and premises with the appurtenances together with the one half of the whole or said goods, chattels and effects first aforesaid for her exclusive use and disposal as aforesaid to the extent of my interest therein she paying the one half of the ground rent therefor. And provided further that after the death of my said wife my said daughter Margaret shall have take, enjoy and dispose of (for her sole and exclusive use and benefit) all that half of said lands, tenements and premises with the appurtenances together with that half part of said goods, chattels and effects by these presents left and bequeathed by me to my said wife as aforesaid, my said daughter paying the ground rent therefor after the death of my said wife. Provided further that if my said daughter should die unmarried before my said wife, then my said wife shall have take and enjoy for her sole and exclusive use benefit and disposal that half part or moiety of said land tenements and premises with the appurtenances and that half part of said goods and chattels which I have so bequeathed as aforesaid to my said daughter.
Secondly: I will and bequeath unto my said wife Elizabeth Denieff for and during her natural life all that piece or parcel of land tenements and premises with the appurtenances belonging to me and situate on Brookfield Road near Study Water being the eastern portion of a certain farm or piece of ground held by me under grant from the Crown which said portion of said ground hereby bequeathed contains about nine acres more or less- my son Patrick Deneiff now being in possessed of the western portion of said farm or piece of ground. And I further devise and bequeath the one half of said eastern portion of said farm houses ground and premises so devised as last aforesaid to my wife, unto my son-in-law Patrick Summers to take and enjoy the same after the death of my said wife but not before, the other half of said eastern part of said farm to remain to the uses and trusts declared in a certain deed of trust from James Summers and myself to Patrick Summers James Summers and myself, bearing date the 21st day of September A.D. 1850. Provided always that the said Patrick Summers shall not be entitled to have or take the said moiety of the said eastern portion of said ground and premises so devised as aforesaid unless he shall well and truly pay therefor the sum of sixty pounds currency, to my executors hereinafter named, in manner following, that is to say, on the first day of November in every year which will first happen after my death the sum of fifty shillings currency a year for the first three years after my death and after the expiration of the said three years he shall pay my said executors on the first day of November every year (without any abatement) the sum of fifty shillings currency a year in each and every year as long as my said wife shall live and upon her death that he shall pay my said executors whatever balance of the said sixty pounds that shall then remain due, and he shall have five years after her death to pay the said balance in manner following, that is to say, in five equal payments, the first to be made immediately after my said wife’s death and the four other equal portions of said balance by even and equal payments on the first day of November in each year thereafter till the whole of said balance shall be paid up Provided further, that should the said Patrick Summers make default in the payment of the said instalments or any part of the said sum of sixty pounds then my said executors shall have full power to sell and dispose of said last mentioned land so devised as last aforesaid to the best advantage and thereafter pay back to the said Patrick Summers any portion of said sixty pounds that he may have paid on account of said land to said executors. Provided also that should my said wife die within the said four years after my death that thereupon the whole of said sixty pounds or such portion thereof as shall then remain due by the said Patrick Summers shall become payable to the said executors at the time or times and in the manner last aforesaid and in case of default being made therein they shall have full power at any time thereafter to sell said last mentioned land and premises and out of the proceeds thereof refund to the said Patrick Summers any sum or portion of said sixty pounds that he may have paid on account thereof to the said executors.
Thirdly- As to the said sixty pounds when so realized as aforesaid by my said executors or when the proceeds of the said land shall be realized by them as aforesaid they shall from time to time pay and disburse the same as follows: They shall pay four pounds currency to Messrs. Cusack & Son by two equal payments of two pounds a year within the first two years after my death and on the first day of November which will happen (first) after my death my executors shall pay to His Lordship the Rt. Rev. Doctor Mullock, Roman Catholic Bishop of Newfoundland, or to his successors the sum of ten shillings currency for two Masses for the good of my soul and shall thereafter pay him or them the further sum of ten shillings currency for the like purpose on the first day of November which will happen and be in the second year after my death. And thereafter that my said executors shall pay his Lordship Doctor Mullock or his said successors on the first day of November in every year after the second year of my decease the sum of fifty shillings currency a year to be applied by him or them for the relief of the poor which said sum of money shall continue to be paid at the respective times aforesaid in manner aforesaid for the purpose last aforesaid yearly and every year until the whole amount so to be paid for the benefit of the poor shall amount to thirty six pounds currency and I further will and desire that in case the said executors shall receive the full amount of the said sixty pounds within four years after my death that they shall apply and pay thereout to His Lordship Rt. Rev. Doctor Mullock or his successors the said sums of instalments for the charitable purposes aforesaid at the times and in the manner aforesaid and as to any balance that shall remain after the payment of said instalments out of said sixty pounds, or the proceeds of sale of said last mentioned land and premises such balance so remaining thereafter shall be the absolute property of the said Elizabeth Deneiff and she shall have full power to dispose thereof as she may think fit for her own exclusive use and benefit, free of the control of any other person whomsoever And it is further declared that in the event of default being made by the said Patrick Summers in the payment of the said sixty pounds or any part thereof as aforesaid and the said land should be sold by the said executors as aforesaid after defraying all expenses and refunding to him any portion of said sum or sums of money that he may pay to them on account of said sixty pounds for said land the said executors shall apply the balance of said proceeds of sale of said land for the charitable purposes aforesaid in manner and at the respective times aforesaid and shall thereafter pay over the residue or balance of such proceeds of sale to and for the use and benefit of the said Elizabeth Deneiff as she her executors or administrators shall direct or advise. And I further will and declare that on the said Patrick Summers paying up the said sum of sixty pounds, he shall have a conveyance of the land last aforesaid from under the hand of the said executors but not till then and that he shall have no estate or interest in said land and premises until after the death of his mother-in-law and until he shall have so paid up the said sixty pounds as aforesaid- And I do hereby request that my said executors shall out of my estate defray all expenses that they may be put to in the execution of this my last will and testament, hereby appointing the Reverend Kyran Walsh of St. John’s aforesaid and John Little of the same place Esquire executors of this my said last will and testament. Given under my hand and seal at St. John’s aforesaid this twenty ninth day of March Annoque Domini one thousand eight hundred and fifty two (A.D. 1852)
Michael his X mark Deneiff (LS) Signed sealed published and declared by the said Michael Deneiff to be his last will & testament on the day and year last aforesaid being first read over and explained to and in presence of John Little.
Codicil to the within will. And I will that the within named Patrick Summers shall after the death of my wife have and take for his own use and benefit a dung cart and a set of harness which are now on my farm on the Brookfield Road as within mentioned. Dated at St. John’s the 29th day of March 1852.
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. 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 & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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