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A Collection of Newfoundland Wills
(F)
John Fennelly

 

Will of John Fennelly
from Newfoundland will books volume 7 pages 418 to 420 probate year 1905

The last will of John Fennelly late of Kilbride Farmer deceased

I John Fennelly of the Parish of Kilbride St. John's Newfoundland do make this my last will and testament

  • First it is my will that my just debts and all charges be paid out my estate.
  • Item     I give and devise my dwelling house furniture & Barren(?) and a piece ground opposite about quarter of an acre to my niece Bridget Fennelly in consideration of her kind attention to me:
  • Item,   I give $200.00 two hundred dollars to my nephew John Fennelly now in Philadelphia
  • Item,   I give $200.00 two hundred dollars to Belvedere Orphanage.
  • My yearly rental $50.00 fifty dollars from Fire Hall west end for ever also thirty dollars a year from T. Walsh as agreed and the sums of $152.00 due me from the estate of Anthony Murphy and twenty dollars from Littledale to be given for masses as arranged with T. Walsh.
  • Item.    I appoint and make the said Thomas Walsh sole executor of this my last will and testament.

Signed and sealed the 25th day of January 1904(?) John his X mark Fennely (L.S.)   Signed and sealed in presence of Joseph Carroll. viz. signed Published and declared by the Testator as and for his last will and Testament this 25th day of January A.D. 1905 in presence of us who in his presence and in presence of each other at his request hereto subscribe ourselves as witnesses attesting the due execution thereof, the same having been first read over and explained to the Testator, who seemed perfectly to understand the same, and who signed the same by making his mark thereto in our presence John his X mark Fennelly   James Haw(?).   Wm. J. Halley.

This is a codicil to the last will and Testament of me, John Fennelly, of Kilbride, dated the 25th day of January 1904(?) and re-executed by me with due formality this 26th day of January, 1905. Whereas part of the sum of $152.00 mentioned in my said will as due by the estate of Anthony Murphy and the whole of the $20.00 therein mentioned as due by Littledale have been paid since the date of the said will: and whereas Thomas Walsh mentioned in my said will, has agreed to forego his right to make the annual payment of $30.00 therein referred to and to make instead payment in a lump sum at my decease. Now I hereby revoke the bequest of the said thirty dollars a year and twenty dollars for masses contained in my said will and direct that in addition to the rent from the west end fire hall the amount due from the estate of Anthony Murphy at the time of my decease, and no more shall be expended for masses, as arranged with my executor Thomas Walsh and in addition to the bequests contained in my said will I give and bequeath to my executor the sum of one hundred dollars in trust for Annie Walsh, daughter of James Walsh, of Kilbride to be paid to her on her attaining the age of 21 years, with power to my said executor, if he shall think fit to advance all or any part of the said sum, before she attains the said age, for her maintenance education or support. Also I give and bequeath the sum of two hundred dollars in aid of the erection of the proposed Catholic Church at Kilbride, to be paid when such erection has commenced and to be expressed as a gift from Mr. and and Mrs. John Fennelly: I also give and bequeath to the Reverend Brother J. L. Slattery the sum of fifty dollars to be expended by him for the purposes of the Industrial School at Mount Cashel; and I direct that the rest, residue, and remainder of my estate shall be equally divided between my nephew and nieces Frank. Agnes. Kate. and Bridget Fennelly. And in all other respects I confirm my said will.
In witness whereof I have hereunto subscribed my hand this 26th day of January A.D. 1905. John his X mark Fennelly
signed, Published and declared by the Testator as and for a codicil to his last will and testament in presence of us who in his presence and in presence of each other at his request hereto subscribe ourselves as witnesses attesting the due execution thereof, the same having been first read over and explained to the Testator in our presence, who seemed perfectly to understand the same and who signed the same by making his mark thereto in our presence. James Haw(?)   Wm. J. Halley.

I certify the foregoing to be a correct copy of the last will and Testament of John Fennelly.
D. M. Browning

Registrar

(Listed in the margin next to this will the following)
Fiat
March 8/05
Horwood C.J.
Probate granted
on the 11th
Day of March
A.D. 1905 to
Thomas Walsh
$1919.00

 

 

Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written 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.

This page contributed by Judy Benson and transcribed by Ivy Benoit

REVISED BY: Ivy F. Benoit April 24, 2002

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