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A Collection of Newfoundland Wills
(D)
James Dunphy

 

Will of James Dunphy
from Newfoundland will books volume 6 pages 506-507 probate year 1899

Last will and Testament of
James Dunphy of St. John’s
Messenger deceased

      In the name of God Amen. I James Dunphy of St. John’s in the Island of Newfoundland being of sound mind memory and understanding but weak in body make this my last will and testament.
Firstly I will that all my funeral expenses be paid and all my just and lawful debts.
Secondly. I give and bequeath the house which I now occupy being the northern end of two houses situate on Rennies Mill Road to my beloved wife Johanna for sole use and benefit during her lifetime and after her death to go to my daughter Mary I give devise and bequeath the house now occupied by James Summers and being the southern end of the before mentioned houses to my wife in trust for the support of herself and the children of our marriage To hold the same and the rents and profits thereof for the space of five years from my death After this period I will that the said house shall become the property of my sons William and Patrick
I give devise and bequeath that piece of ground situate between the property now occupied by one Edward Rawlins and the house occupied by James Summers to my sons John and James to hold for their use and benefit and in the event of my said sons John and James building a house upon said piece of ground they shall bear a third part of the ground rent on all my property. I will that my wife bear a third part of rent on all my property in consideration of the house I have bequeathed to her for life and shall also bear a proportionate share of the rent on the house occupied by James Summers during the five years it shall be in her possession after that period the said share or a third part of the whole rent shall be borne by my said sons William and Patrick to whom I have bequeathed said house.
I will that the house occupied by James Summers which I have bequeathed to my sons William and Patrick shall never be sold by them except to their mother sister or brothers. I will that the piece of ground before mentioned and bequeathed to my sons John and James shall also not be sold Any departure from these instructions shall rest the title to these pieces of property in my daughter
I appoint my beloved wife Johanna Executrix of this my last will and Testament. I give & devise that piece of ground on the Northeastern side of the house which I now occupy and the piece of ground on the back at present used for a yard to my wife to go with the said house for her life and after her death to my daughter. I will that should my sons John and James build a house upon the piece of land I have devised to them that an equal piece of ground be allowed for a yard to be taken from the piece which is now used as a yard to the House occupied by the said James Summers (sgd) James Dunphy Signed published and declared in our presence who in presence of each other and of the testator have affixed our hands as witnesses hereto this Eleventh day of June A.D. 1887 (sgd) James Summers. (Sgd) John Dudley.

Codicil

As a codicil to this my will I devise that the ground at present behind the houses bequeathed in my said will and now used as yards with the exception of that piece on the Northeastern end shall remain as they are at present unless my sons John and James shall build a house upon the said piece of ground which I have bequeathed to them then said piece of ground or yards shall be divided into three equal pieces one for each house. I revoke that clause in my will which refers to the disposition of this before mentioned piece of ground or yards. (Sgd) James Dunphy. Signed published and declared in our presence who in presence of the testator and of each other have affixed our hands as witnesses hereto this 11th day of June A.D. 1887. (Sgd) James Summers (sgd) John Dudley.

      I certify the foregoing to be a correct copy of the last will and Testament and codicil of James Dunphy deceased

D. M. Browning
Registrar

(Listed in the margin next to this will the following)
Fiat
J. I. Little
J.
Probate
granted
to Johanna
Dunphy
the Executrix
Dated
June 21: 1899
Estate
sworn under
$1100.00

 

 

Page Contributed by Sheila Tiberio, Judy Benson & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)

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