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A Collection of Newfoundland Wills
(D)
John Downey

 

Will of John Downey, from Newfoundland will books volume 15 pages 273 to 275 probate year 1930

IN RE.          DECEASED

JOHN DOWNEY

I, John Downey of Stephenville, District of ST George, being of sound and disposing mind and memory, and considering the uncertainty of this life, do make, publish and declare this to be my last will and testament as follows.
I give, bequeath and devise unto my son Justin Downey three fourths of my farm, also three fourths of the following live stock and other properties, real and personal at present belonging to me under which may be of my estate at the time of my death. I bequeath unto my son Justin Downey my dwelling house, barns and all my buildings; reserving one room in my dwelling house and also sufficient barn and other housing accommodations from my stables and outhouses for live stock, which I hereby devise and bequeath unto my wife Edith Downey for her sole use and benefit during her natural lifetime. Particulars of same hereafter described. As long as my wife Edith Downey remains a widow after my death, she is to have sole right to and full possession of one fourth of my farm one fourth of all the live stock thereon at the time of my death and the use of one room in my dwelling house, together with all the conveniences privileges and rights of way in connection with the same.
SHOULD my wife Edith Downey marry again, immediately on such marriage taking place all her rights in and to my property described above, shall cease and the same shall revert to my son Justin Downey as sole owner. I devise and bequeath a life interest only to my wife in the properties described above as long as she remains a widow and for the purpose of providing and securing to her full and adequate support during her lifetime. And at the death of my said wife all the property hereby devised or bequeathed to her, as aforesaid or so much thereof as may then remain unexpended I give unto my son Justin Downey who shall be the sole owner of all my farm, live stock, buildings and other properties, real and personal belonging to me after the following bequests shall have been handed over to the legatees below named and all my debts shall have been paid.
The bequests which make from my estate are as follows.
To my daughter Winnifred Downey, I give and bequeath one cow, one heifer, four sheep and twenty five dollars in cash. To my daughter Regina Downey, I give and bequeath one cow and four sheep. To my daughter Clara Downey I give one cow and four sheep.
To my wife Edith Downey, in addition to any bequests described above or to follow hereafter, I give and bequeath forty dollars in cash, the said forty dollars having been given to me by my wife at the time of our marriage, and I have kept same for her ever since. I also bequeath twenty dollars for masses for the repose of my soul. Any monies remaining over and above after all bequests under the terms of this will have been paid and all my just and lawful debts settled are to be divided as follows, that is to say one third to my wife and the remaining two thirds to be divided between my five children namely, Justin, Regina, Clara, Winnifred and Monica Downey respectively. I also, order and specify, that until married or otherwise provided for any and all of my daughters needing such at any time are to be given house room at the homestead and provided with a home as at present and I implore this duty as a solemn obligation upon my son Justin to beĀ  carried into effect.

JOHN DOWNEY.

          Signed, declared and published by the above named John Downey as and for his last will and testament in presence of us, who at his request have signed as witnesses to the same this ?th day of June one thousand nine hundred and eighteen.

Witnesses   Katie Kenny.
                    Fred Kenny
                    Michael J. Downey

 

Stephenville   N.F.L.
June 21st 1919

I the undersigned John Downey hereby appoint Michael Francis Hayse of Stephenville N.F.L. and Michael J. Downey now residing at St Georges To act as my executors of enclosed will and in all matters in connection with same, and the distribution of estate according to enclosed will dated first day of June one thousand nine hundred and eighteen eighteen.

JOHN DOWNEY.

Cross Roads
Stephenville

I hereby certify that the $40.00 forty dollars in gold specified in will and codicil has been returned to my wife so that any alut alusion to said $40.00 in will is cancelled. Signed this 28 day of July 1928

JOHN DOWNEY.

Cross Roads
Stephenville
Aug 26th 1929

Since making my last will which is now in the possession of Father Adams; there has been some changes in the family. I hereby certify that each of the girls received their allotted portion as stated in will, vds, Monica has received her allotted share of stock or its equivalent Winnifred has received her share minus one heifer, Regina has received her share and Clara who is now Sister M. Fintan, also Winnifred had the misfortune of having her home broken up and is back to the old home again. If Winifred get a home of her own again, instead of the heifer mentioned in will she is to get a cow and two sheep also that Winifred have a room in the house as long as she need it and respect herself. The forty dollars in gold specified in will as belonging too my wife has been given over to her own keeping, so that is settled. I bequeath the garden tractor to Justin as his own to do as he will with it. Any money that may chance to be left in the bank is my own and has nothing in connection with the farm.
Money specified by previous writing to be paid to Rev Mother Clare and to my sister Anastasia has been paid.
In reference to my previous writing I wish my money that may be in the bank to be disposed of as follows. v.d.s.
$25.00 for masses for my soul.
$20.00 for masses for the Holy Souls.
$25.00 to my daughter Monica.
$50.00 to my daughter Winifred.
Balance to be divided between my wife and my son Justin
This writing cancels all division of money stated on will or codicil

John Downey.

August 26th 1929

I wish to deal fairly with all the family. Winifred nor Justin has not been more considerti of me than has Regina but Regina had advantages that Winifred did not have. Regina taught school for about seven seven years and most of the time she boarded at home and so had a chance to save her earnings, and so I am confident that Regina will be satisfied

JOHN DOWNEY

Correct.

William F. Lloyd

Registrar of the Supreme Court of Newfoundland

 

Written in the top right-hand margin:
Fiat
Oct 6/30
J. M. Kent
Judge
Probate granted
Michael Joseph
Hayes
on the
6th day of
October 1930
Value of Esate
$1949.38

 

 

Page Contributed by Judy Benson, Sheila Tiberio & Transcribed by Lenora Cooper

Page Revised by Ivy F. Benoit (Tuesday January 30, 2018)

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