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A Collection of Newfoundland Wills
(F)
Maurice Fitzgerald

 

Will of Maurice Fitzgerald
from Newfoundland will books volume 2 pages 388 to 391 probate year 1860

In re
Maurice Fitzgerald deceased.

In the name of God Amen, I Maurice Fitzgerald of Saint John's in the Island of Newfoundland Shopkeeper, do make and declare the following to be my last will and testament, that is to say,

1st I give and bequeath to William Cashin of Saint John's aforesaid Clothier, the sum of two hundred pounds currency.

2nd I give and bequeath to John Garvey of Harbor Briton in Fortune Bay, my son-in-law, the sum of one hundred and fifty pounds currency.

3rd, I give and bequeath to my executor hereinafter named, the sum of fifty pounds currency in trust for the use and benefit of Mrs. Mary Delhunty, wife of Mr. Richard Delhunty, of Saint John's for her sole and separate use and for her own disposal free of his control

4th, I give and bequeath to my said executor the sum of fifty pounds currency in trust for the use and benefit of Mrs. Honora Kennedy, the present wife of Mr. Patrick Kennedy of St. John's for her sole and separate use and for her own disposal free of his control.

5th, I give and bequeath to Catherine Brien, my granddaughter of St. John's the sum of one hundred pounds currency in full discharge of all claims she may have on me or my estate and as a token of my affection.

6th, I give and bequeath to my beloved wife Mary Fitzgerald the sum of two hundred and fifty pounds currency for her own exclusive use and benefit and for her own disposal free of the control of any other person.

7th, I give and bequeath to Maurice Brien of St. John's, my grandson, the sum of five hundred pounds currency in token of my regard for him and in full satisfaction of all claims he may have on me or my estate for his services or otherwise.

8th, I give and bequeath to the Right reverend Doctor Mullock Bishop of the Diocese of St. John's and to his successors therein the sum of fifty pounds currency for High Masses for the good of my soul.

9th, I give and bequeath to the said Right Rev, Dr. Mullock or his successors in said Diocese the sum of thirty pounds currency for the use and benefit of the Catholic Cathedral in St. John's aforesaid.

10th, I give and bequeath to the said Right Rev. Dr. Mullock the sum of twenty pounds currency for the use of the Presentation Convent near said Cathedral.

11th I give and bequeath to the said Right Rev. Dr. Mullock and his successors the sum of thirty pounds currency for the use and benefit Convent of Mercy near said Cathedral..

12th, I give and bequeath to the said Right Rev. Dr. Mullock and his successors the sum of thirty pounds currency for the use and benefit of the Orphanage in connection with the said Convent of Mercy.

13th, I give and bequeath to my brother James Fitzgerald the sum of twenty pounds currency as a token of my affection.

14th I give and bequeath to my executor the sum of thirty pounds currency to buy a good monument or head stone for my grave and to defray the expenses of erecting same.

15th, I give and bequeath to the Rev. Jeremiah O'Donnell the sum of seven pounds currency for Masses for my soul.

16th, I give and bequeath to the Rev. Kyran Walsh P.P. Harbor Main, the sum of five pounds currency for Masses for my soul.

17th, I give and bequeath to the Rev. Mr. Vericar of St. John's the sum of two pounds and ten shillings currency for Masses for my soul.

18th, I give and bequeath to the Rev. Mr. Forristall of St. John's the sum of two pounds and ten shillings currency for Masses for my soul.

19th, I give and bequeath to the Rev. Mr. Walsh of River Head in St. John's the sum of two pounds and ten shillings currency for Masses for my soul.

20th, I give and bequeath to the Rev. Richard O'Donnell the sum of two pounds and ten shillings curry for Masses for my soul.

21st, I give and bequeath to the Rev. Mr. Carfignini of the College of St. Bonaventure in St. John's the sum of two pounds and ten shillings curry. for Masses for my soul.

22nd I give and bequeath to the Rev. Edward Troy of Torbay the sum of two pounds and ten shillings currency for Masses for my soul.

23rd I give and bequeath to the Rev. Mr. O'Connor of Portugal Cove the sum of two pounds and ten shillings currency for Masses for my soul.

24th I give and bequeath to my said beloved wife Mary Fitzgerald for her exclusive use and benefit all my beds bedding household furniture goods chattels and stock in trade, and all my leasehold or other interest I now have or may have at my death in any land tenements or premises in the said Island or elsewhere to have and to hold the said beds bedding household furniture goods and chattels and said leasehold and other interest in said land tenements and premises for and during her natural life and after her death I give and bequeath the said beds bedding goods chattels and leasehold or other interest in said land tenements and premises to my said grandson Maurice Brien.

25th.. I give and bequeath said stock in trade absolutely to my said beloved wife Mary.

26th, I give and bequeath all the rest residue and remainder of all and singular my property goods chattels money debts credits and effects of every description and kind not hereinbefore disposed of unto my said beloved wife Mary Fitzgerald and my said grandson Maurice Brien to have hold and enjoy the same as tenants in common share and share alike as my residuary legatees under this my last will and testament.

27th, I do hereby revoke all former wills made by me.

28th, I do hereby direct that all my lawful debts shall be duly paid by my executor out of my money before any of the aforesaid legacies.

29th, I do hereby appoint John O'Mara, Esq. of St. John's aforesaid sole executor of this my last will and testament.    As witness my hand and seal at Saint John's aforesaid in the said Island this fourteenth day of February Anno Domini one thousand eight hundred and sixty.    Maurice his X mark Fitzgerald. (LS)     Signed sealed published and declared by the said Maurice Fitzgerald as and for his last will and testament on the day and year aforesaid in the presence of Jno. Little, Maurice Fitzgerald.

I Maurice Fitzgerald the above testator do add the following as a codicil to the above will that is to say I give and bequeath to the said John O'Mara, my said executor the sum of ten pounds currency to be paid and expended as follows, that is to say, five pounds part thereof to be paid by him for Masses for the good of the souls of my late father, John Fitzgerald and my mother Joannah Fitzgerald, and the remaining sum of five pounds to be paid by my said executor for Masses for the good of the souls of the late Cornelius Bosnahan and Mary his wife- hereby ratifying and confirming all that is contained in my said will As witness my hand the fourteenth day of February A.D. 1860,    Maurice his X mark Fitzgerald.    Witness, Jno. Little, Maurice Fitzgerald.

Certified Corrrect
D.M. Browning
Registrar.

 

 

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

 

Contributed by Joanne Connors Parandjuk and also by Judy Benson

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

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