Will of William Flynn from Newfoundland will books volume 7 pages 193-197 probate year 1902

The last Will and Testament of
William Flynn
late of Avondale, Fisherman deceased.

      This is the last will and Testament of William Flynn I William Flynn, planter, of Avondale (formerly Salmon Cove) Newfoundland do make this my last will and testament.

First I give and bequeath unto my two sons Patrick and Denis Flynn all my land excepting that hereinafter mentioned in clause six.

2^nd Unto my son Patrick I give and bequeath the land which he now occupies with the buildings thereon namely kitchen garden in front of his dwelling the garden which he now occupies west of the little dock half of the Calf's Pen or rather said Calfs pen to be occupied jointly by my sons Patrick and Denis Flynn. Unto Patrick also I bequeath the land in the potatoes gardens which he now occupies and adjacent land which is as allotted to him and marked by a dividing line. Defect marsh meadow is to be equally divided between the two Patrick and Denis Flynn. The uncultivated land north of the drain and said meadow I give unto Patrick Flynn.

3^rd The Dwelling house which I now occupy and which was built by me with the aid of my four sons Patrick William, Daniel and Denis Flynn I will and bequeath under following conditions; that is Patrick gives said claim unto myself (in consideration of the bequests made unto him of my former lands and dwelling by me possessed according to this will and testament.

4. I give and bequeath unto my son Denis Flynn, the portion of the said dwelling which we now occupy and which comprises the western part thereof whilst acknowledging the claims of my two sons Daniel and William Flynn and that of their children unto the possession of the Eastern portion of my said dwelling house. I will and bequeath unto Daniel or his heirs and unto William's son James Frederick my grandson the said eastern portion of my dwelling house, now unoccupied which is little less than half this said dwelling and which is forever to be marked and defined from the western portion thereof by the now existing partitions or dividing lines unless the persons interested in these properties shall so agree to alter the same.

6^th. The land whereon said eastern end of dwelling stands and that adjacent from centre fronting to the local road, thence extending eastward to the River shall be for the use of the occupants of these dwellings and shall not be fenced or barred off in anywise, except with the consent of all my heirs and successors. The breadth of said land from North to South shall be as it now stands, extending South to the fences and around said land in end of our dwelling and shall remain as it now is for the use of the dwellers here unfenced or untarred. The said eastern end of my dwelling shall be only occupied by Daniel Flynn or his heirs, or by my grandson James Frederick Flynn and his heirs; one claimant at a time and then only by that claimant paying unto the other claimant the proportionate value of this claim.

7^th in event of neither Daniel Flynn or his heirs or my son William's son J. F. occupying said eastern dwelling my son Patrick may occupy the same by paying the aforesaid two claimants for himself or his heirs, or my son Denis or his heirs may have the occupancy and ownership of said eastern end, by paying the aforesaid legatees Daniel Flynn and William's son the proportionate value thereof. It is on the land so described to the Eastward of my dwelling that our barking kettle stands and I will that this land shall be for the general use of my legatees and their successors.

8. In event of the eastern end of this said dwelling being occupied the said occupants (if other than the same who occupy the western end) shall make and use a door or exit other than the one now existing in the back porch for eastern end.

9^th. In event of the eastern end of this dwelling not being occupied by either claimant as a separate dwelling, said eastern end shall be kept in good repair by my legatees or by the person staying in the western end of this said dwelling. The Bill of said expenses for said repairs shall be paid by the claimants or be deducted from the value of said eastern end for the benefit of the person so repairing the same

10^th. To my son Denis Flynn I also bequeath the remainder of my potato gardens other than on divided from that already bequeathed to my son Patrick Defect Marsh Meadow shall be so divided, that the south half shall become the property of Denis and the north half that of Patrick Flynn

11^th The land latest cultivated by me to the eastward of the drain, in Defect Marsh comprising two or more acres I will and bequeath unto my son Denis Flynn. I also bequeath unto my son Denis that block of land lot no 10 on Dock Regr granted to me by the Nfld. Govt. A.D. 1879

12^th. Also I will and bequeath unto my son Denis Flynn all the remaining land about and under my dwelling house with the buildings thereon, the Troo garden on the south side of the Saltwater pond, the garden on the south side of said pond which I now cultivate, the western half the saltwater marsh, my horse carriage, cart, sleigh, furnishings and utensils belonging thereto as now worked by me.

13^th. My schooner "New Flash," Fishing boats and gear, store, wharf, flakes all my waterside and land on which these erections are, also that land adjoining thereto between the Little Dock and Saltwater Pond I give and bequeath equally to be collectively possessed or divided unto and between my three sons Patrick, Denis and Daniel Flynn

14^th. I give and bequeath unto my son Patrick my mare

15^th. I give and bequeath unto my granddaughter Clara Healy the sum of one hundred dollars $100.

16^th. I give and bequeath unto my grand daughter Elizabeth Healy the sum of Fifty dollars $50.

17^th. I give and bequeath unto my grandson James Healy the sum of Fifty dollars ($50).

18^th. I give and bequeath unto my grandson James Frederick Flynn the sum of Fifty dollars $50 and unto his brother Eric Flynn the sum of fifty dollars $50 both being sons of my son William deceased.

19^th. The money bequeathed unto my said grandchildren per sections 15. 16. 17 and 18 shall remain in bank unto their credit until they arrive to the age of majority.

20^th In event of deaths amongst said grandchildren before arriving to age, the legacy of Clara Healy shall be divided between Elizabeth and James Healy, while the death of either Elizabeth or James will cause their legacy or legacies to be divided between their surviving brother or sister legatees.

21. In like case if one or either of my legatees James Frederick and Eric Flynn die, before reaching the age of manhood, the surviving brother legatee shall enjoy the two bequests and should both die before arriving to said age their legacies shall be divided proportionately between all my other legatees. The same provision shall apply in the case of my grandchildren the Healys.

22. I will and bequeath unto my beloved wife Jane my stock of shop goods, the use of said shop for business purposes, and to reside in our present dwelling during the term of her natural life.

23. I will and bequeath unto my daughter Mary Jane Kirby one cow.

24. I will and bequeath one feather bed unto my son Daniel after his mothers death

25. I will and bequeath unto my son Patrick one feather bed after his mother's death.

26. I will and bequeath unto my son Denis Flynn all my other remaining cows, cattle and sheep.

27. The residue and remaining portion of my money I will and bequeath unto my wife Jane, my sons Patrick, Denis and Daniel Flynn to be equally divided between their four persons.

28. I herein will and bequeath that this my dwelling house and all and singular described properties within this will and testament shall never or not be sold bought rented deeded, or occupied by any person or persons save and excepting my own children and children's children.

29. When the time arrive, that the said eastern end of this my dwelling may be valued, such valuation shall be determined and fixed by my three sons, Patrick, Daniel and Denis Flynn and by them only

30. I will and bequeath that my two sons Patrick and Denis Flynn shall be my executors under this will and Testament.

31. In clause 29 should a difference arise about the dwelling valuation my three sons shall appoint three arbitrators among themselves in order to determine such valuation and the valuation arrived at or determined by said arbitrators shall be agreed to and acted upon by my sons so interested. I declare this to be my last will and testament In witness whereof I the said William Flynn have to this my last will and testament set my hand and seal this eighth day of January in the year of our Lord nineteen hundred and two. William Flynn. (LS) Signed by the Testator this signature and acknowledged by him to be his last will and Testament in the presence of us present at the same time, and subscribed by us in the presence of the said Testator and of each other. Witnesses E. Kennedy- Geo. Kennedy

      I certify the foregoing to be a correct copy of the last will and Testament of William Flynn.

D. M. Browning
Registrar

(Listed in the margin next to this will the following)
Fiat
Horwood C.J.
Letters of Probate
granted on the
11^th Oct 1902
to Patrick &
Denis Flynn
the Executors.
Estate sworn at
$2470.00