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Will of John Donnally
In the name of God Amen. I John Donnelly of St. John’s Master Mariner do hereby make publish and declare this as and for my last will and testament-
Firstly I give devise and bequeath to my son the Reverend Joseph V. Donnally at present of Harbor Main in Conception Bay all my right title and interest in and to that house and premises situate on the Monkstown Road in St. John’s and on which I now reside, and also all my household furniture goods chattels and effects whatsoever (save and except the piano hereinafter mentioned) in upon or about the said premises or elsewhere in trust for the use and benefit of my daughters Mary and Katie and my son James in equal proportions between them so long as they continue unmarried. In the event of the death or marriage of any one of them then in trust for the use behoof and benefit of the other two, and in the event of the death or marriage of either of these two then in trust for the use behoof and benefit of the other of them. Provided always that in the event of all of the parties beneficially interested therein being at any time desirous of selling the said interest in land house and premises or the said household goods furniture chattels and effects then my said Trustee may at at their joint request dispose of the same in such manner as to the said parties shall seem best and pay and distribute the proceeds thereof in equal proportions amongst the said parties.
Secondly. I give devise and bequeath the piano now in my said house to my said daughter Mary for her sole use and benefit.
Thirdly it is my will and desire that any share or interests which my said daughters or either of them may take under this my will shall be held and taken as separate estate free and clear of the debts liabilities and control of any husband either of them may marry.
Lastly I do hereby nominate and appoint my said son the Reverend Joseph V. Donnelly executor of this my last will and testament and do hereby revoke annul and declare void all other wills by me heretofore made- Witness my hand at St. John’s this twenty fourth day of April Anno Domini 1878.
John his X mark Donnelly. Signed by the said testator as and for his last will and testament in our presence who in his presence and in the presence of each other have hereto set our names as witnesses, the same having been first clearly and distinctly read over to the said testator in our presence and he having expressed his approval thereof did then sign the same by affixing his mark thereto on the day and year first above written. Robert J. Kent, James M. Donnelly.
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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