Will of Mary Eales
from Newfoundland will books volume 14 page 413 probate year 1929
Mary Eales deceased.
This is the last will and Testament
of me, Mary Eales at Saint John’s, widow.
First. I desire
that all my just debts funeral and testamentary expenses shall be first
paid out of my estate by my Executor hereinafter named.
I appoint William Campbell of Saint John’s Butcher, executor of
this my will.
Third. I give, devise and bequeath to my son
William all that piece or parcel of land with all buildings and erections
thereon situate on the south side of the Old Placentia Road, about five
miles from Saint John’s and bounded as follows:- On the north by
the said Road and extending thereby from land granted to James
Purcell Easterly eleven chains and twenty-three links more or less to a cross
road leading Southwardly from said Old Placentia Road to the North River,
on the east by the said cross-road and extending thereby from the said
Old Placentia Road Southwardly fourteen chains and fifty-four links more
or less to land granted to Richard Hurley, on the South by the land last
mentioned and extending along the same from the said cross-road East
ten chains and sixty links more or less to land granted to James
Purcell and on the west by said Purcell’s land and extending thereby in
lines measuring three chains and sixty links, four chains and twenty-five
links and two chains and sixty-two links more or less, and containing
fourteen acres two roads and thirteen poles more or less, to hold the
same to my said son William forever
Fourth. I give,
devise and bequeath to my son John seventy five acres of lands from the
Eastern part of the farm known as “Strawberry farm” purchased by
me from William Thompson, together with all buildings and erections upon
said one hundred acres, save and except one half of the dwelling house
which I hereinafter bequeath to my daughter Mary, to hold the same to
my said son John forever.
Fifth I bequeath to my son John all the cattle, farm stock, implements, chattels and effects of
every description upon said strawberry Farm, save and except the household
goods or furniture which may be in the one half of the house hereinafter
bequeathed to my daughter Mary, to hold the same to my said son John forever.
Sixth I give, devise and bequeath to my son James twenty acres of land
from the western part of said Strawberry Farm adjoining Lester’s property,
to hold the same to my said son James forever.
I bequeath to my daughter Mary Dahlmann one half of the house upon said
Strawberry Farm together with sufficient land for access thereto and
also the remaining portion of said Strawberry Farm situate between the
one hundred acres hereinbefore bequeathed to my son John and the twenty
acres hereinbefore bequeathed to my son James, to hold the same to my
said daughter Mary Dahlmann forever.
Eighth. I bequeath
to my daughter Mary Dahlmann the household furniture and effects in the
one half of the house hereinbefore bequeathed to her, to hold the same
to my said daughter Mary Dahlmann forever.
bequeath to my son James the western half of the land situate on Alexander
Street, to hold the same to my said son James forever.
Tenth I bequeath to my daughter Mary Dahlmann the Eastern half of the
land on Alexander Street together with the dwelling house thereon, to
hold the same to my said daughter Mary Dahlmann forever.
Eleventh I bequeath to Margaret Eales, widow of my son Peter one half
of an acre of land to be selected by my said Executor out of the Mount
Pearl Farm, together with one half of the new house upon said farm, to
hold the same to the said Margaret Eales in trust for Florence and Emma children of said Peter
and Margaret Eales
Twelfth, the foregoing bequests
are made upon the express condition that my said sons, William,
John and James and my said daughter Mary
Dahlmann and the said Margaret Eales shall surrender and assign to my said Executor their interest in the
Mount Pearl farm in order that the same may be disposed of in accordance
with this my will. Should any of the said parties fail or refuse to surrender
and assign his or her interest in the said Mount Pearl Farm to my said
Executor as aforesaid, the bequest or bequests hereinbefore made by me
to the part or parties so failing or refusing shall be null and void,
and the property hereinbefore bequeathed to the party or parties so refusing
shall pass to and be vested in my son Andrew forever.
Thirteenth, I give, devise and bequeath to my son Andrew the remainder
of said Mount Pearl Farm after selection of the one half of an acre for
the children of my son Peter as hereinbefore provided, together with
the dwelling house on said farm now occupied by him, save and except
the one half of the house hereinbefore bequeathed to Margaret
trust for her children, to hold the same to my said son Andrew forever
I bequeath to my two sons, William and Andrew the cattle, farm stock
implements, goods, chattels and effects fo every description which may
be upon the said land and farm bequeathed to William and
upon the said Mount Pearl Farm, and I direct that the said cattle, farm
stock implements, goods, chattels and effects shall be divided equally
between my said two sons by my said Executor.
Fifteenth I bequeath all
the rest residue and remainder of my estate and effects not hereinbefore
specifically disposed of in equal sharers between such of my children
as shall survive me and the children of any who have predeceased me,
the children of the deceased parent taking their parents share. Witness
my hand at Saint John’s this eighth day of January Anno Domini
one thousand nine hundred and six - Mary her x mark Eales - Signed Published
and declared by the said Mary Eales as and for her last will and Testament
in our presence who in the presence of the said Mary Eales and
of each other, all present at the same time have hereunto subscribed
our names as witnesses D Morison A W Knight
I further bequeath to my son John one quarter
of an acre of bog land at Mount Pearl Farm and to my son William one
quarter of an acre of bog land at Mount Pearl Farm to be selected by
my said Executor and to be subject to the condition expressed in my
will in Clause 12. January 8th 1906 - Mary her x mark
first read and explained D Morison A. W. Knight
further bequeath to my son William fifty acres of land
from the Eastern part of the Mount Pearl Farm to be Selected and marked
off by my said Executor and to be subject to the condition in Clause
12 of my will Mary her x mark Eales Witnesses
first read and explained D Morison A. W.
D. M. Browning
(Listed in the margin next to this will the following)