Will of Henry Duggan
from Newfoundland will books volume 1 pages 156 to 158 probate year 1833
Henry Duggan deceased.
In the name of God Amen I Henry Duggan of the Town of Saint John's in the Island of Newfoundland Baker, being in bodily health and of sound and disposing mind and memory thanks be 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 I recommend my soul to God that gave it and my body I commit to the earth to be buried in decent Christian burial. And as for and concerning all my worldly estate I give bequeath and dispose thereof in the following manner and form, that is to say,
To my beloved wife Mary during her widowhood, the house and its appurtenances which I now live in, together with all the household furniture, and all other the effects therein contained, shall be and remain her undisturbed property during her widowhood, And also my loving wife Mary shall during her widowhood be sole executrix to this my last will and testament being fully convinced that she will act in conformity with my desire and request and also my bequests hereinafter mentioned to each of my legatees but in the event of my said wife Mary taking to herself another husband, by a second marriage, she at the same time forfeits, and must relinquish, all right, title and claim to all the property hereinbefore bequeathed to her, unto my beloved son Philip Duggan who is, under such circumstances to be my sole executor, with full power and authority to expel and remove my said loving wife Mary, and the said house, property and appurtenances to be immediately after such intermarriage to be appropriated to his own use and in case of his death at the time of such intermarriage taking place, the property as aforesaid shall become the joint property of my beloved daughters Mary and Catherine and heirs.-
I give and bequeath to my son Philip Duggan the farm and dwelling now in the occupancy of the Meals situated north west of the property now occupied by the Honourable Judge Patterson, and also the farm and dwelling now in the occupancy of George Fleming, together with one half the property or ground and dwellings in the town of Saint John's aforesaid at present held by several tenants under lease conjointly from myself and the late William Mahon deceased, and situate between Water Street and Duckworth Street. Provided nevertheless that the last mentioned property held by several tenants under lease from me and William Mahon deceased shall yearly and every year for ever yield unto my beloved daughter Mary alias Beck her heirs and future generations the clear yearly bequest or legacy of one half my yearly values thereof in good and lawful current money in Newfoundland to be yearly paid unto her by my son Philip, that is during his life, and after his death by every legatee of the said property for the time being and yearly for ever, but in the event of fire which may at any time destroy the dwelling or any part thereof of the property hereinbefore expressed and being the same as purchased by myself and the late William Mahon, my said daughter Mary her heirs and future generations shall suffer an equal proportion of loss by such fire or accident as with my son Philip or his heirs to whom the residue of this said property has been heretofore bequeathed and at my son Philip's death without issue the whole of this property is to be equally divided and willed to my daughters Mary and Catherine or their issue My son Phillip's lawful issue to hold his claim to the property.
I give and bequeath unto my daughter Catherine Kinealy all my house and leasehold property in Nova Scotia and Fox Island and after her death the same property shall be entailed on her children. This house now in the occupancy of Mr. Towan Watchmaker shall remain the property of my wife Mary during her widowhood and in case of a second marriage shall immediately become the property of my son Philip if then living but in case of his death to be equally divided between my daughters Mary and Catherine or their heirs.
To my grand daughter Mary Kinealy I give and bequeath that house and appurtenances situate near the Theatre adjoining Mr. William Branscomb's property and at present in the occupancy of Mrs. Edens and at her death to her lawful issue if any but in default of issue to become the property of my son Philip or issue or in default of his death without lawful issue then to become the joint property of my daughters Mary and Catherine or their issue. I also desire and request that all lawful debts due of me at the time of my decease shall be paid as soon as possible after my interment and all debts due to me at the same time shall become due owing and payable to my wife Mary.
And it is my particular desire and request that none of my legatees hereinbefore named their issues or future generations shall have any power right or authority whatsoever of selling out, transferring, mortgaging or disposing of the whole or any part of the property hereby bequeathed unless to tenants for yearly rents and the longest term to be given of any part of the property to such tenant or tenants shall not exceed the term of twenty one years from the date of such lease or indenture.
And I do utterly disallow revoke and disannul all and every other former testament wills legacies and bequests and executors by me in anyways before named willed and bequeathed ratifying and confirming this and no other to be my last will and testament.
In witness whereof I have hereunto set my hand and seal the twentieth day of February in the year of our Lord one thousand eight hundred and thirty three. Henry Duggan (LS)
Signed sealed published pronounced and proclaimed by the said Henry Duggan as his last will and testament in the presence of us the subscribers Hy Devereux. Patk Power. James Cullen.
D. M. Browning