Part 1 - Contributed by Judy Benson as part of the wills project (July 2004)

Will of James Furlong
from Newfoundland will books volume 2 pages 203 to 205 probate year 1856

In re
     James Furlong      deceased.

This is the last will and testament of me James Furlong late of Oderin, Placentia Bay, at present of St. John's in the Central District of the Island of Newfoundland, Merchant, In the first place it is my will and desire that my trade and business at Oderin and elsewhere be with all convenient speed finally closed and settled in accordance with the terms of co-partnership with Patrick Furlong and all remaining stock and personal property then belonging to me at the time of my death realised (landed property and premises at Oderin, Nova Scotia or elsewhere to be sold or let at the discretion of my executors And after payment of all my just debts I hereby direct that the amount realised from the trade and from all other sources (with the exception of the sum of fifty pounds currency a specific legacy hereinafter mentioned) be vested and placed at interest to the best advantage for the support and maintenance of my wife and children. I further order and direct that from and out of the interest arising from such investments and from Bank or other stock or property of which I may die possessed my executors hereinafter named shall pay or cause to be paid to my wife Margaret Furlong the sum of three hundred pounds currency yearly and every year during the term of her natural life, but only so long as she shall remain a widow and unmarried, being for her own support and maintenance, and for the support and education of such of my children as shall survive me until the youngest of them shall have attained the age of twenty one years.     I hereby appoint my wife Margaret Furlong and my said executors joint guardians of my children, so long as she the said Margaret Furlong shall remain a widow. But should my said wife again intermarry she shall cease to be guardian.     The yearly payment of three hundred pounds to be then discontinued and all her interest and claim upon such estate as I may die possessed of to cease and determine.     In the event of the death or second marriage of my said wife I will and direct that my said executors shall pay or cause to be paid to my daughter Johanna Furlong the sum of fifty pounds currency yearly and every year during the term of her natural life to and for her support and maintenance And also shall pay or cause to be paid yearly and every year the said sum of Three hundred pounds currency (or so much thereof as shall be necessary) towards the support maintenance and education of my children Elizabeth furlong, Mary Furlong, Susan Furlong, James Peter Furlong, Catherine Stafford Furlong and John Thomas Mullock Furlong, and such other child or children as may hereafter be born by me begotten share and share alike untill the youngest shall have attained the age of twenty one years. The residue of my estate saving and excepting the annuities and bequest hereinbefore mentioned to be from time to time vested by my executors and so remain until the youngest of my children shall be twenty one years of age.     The said residue of principal and interest (saving annuities as aforesaid) I will and direct shall be divided among such of my children as may then be living (excepting my daughter Johanna furlong to whom the annuity of fifty pounds subsists) share and share alike. The share and portions here devised to my daughters I will and direct shall be held by my executors in trust to be applied to and for each one's separate use and free from any control of any husbands or husband they or either of them may hereafter marry I further will and direct that any of my daughters marrying without the consent of their guardians shall forfeit all interest and claim on my estate their shares to be then divided amongst their brothers and sisters equally in trust or otherwise according to the provisions of this will It is further my will and I hereby direct and order that in the event of the death or second marriage of my wife the foregoing annuity of three hundred pounds shall merge in my general estate and be disposed of amongst my children in the manner herein provided as respects the residue I hereby devise and bequeath all my household furniture to my wife Margaret Furlong for her own separate use I also devise and bequeath to the Roman Catholic Bishop of Newfoundland for the time being the sum of fifty pounds currency for charitable purposes at his discretion The shares of my daughters to go for the benefit of any child or children they or any of them may leave them surviving Should they die without issue their shares to be divided amongst their surviving brothers and sisters.     I hereby appoint wife Margaret Furlong (whilst a widow) the Roman Catholic Bishop of Newfoundland and my executors hereafter named to be the guardians of my children under the provisions of this will. I also nominate and appoint my friends John Kavanagh of St. John's, Newfoundland, Merchant, and Thomas J. Kough of the same place Barrister-at-law, to be my executors and trustees to carry out the provisions of this my last will and testament I hereby lastly annul disallow and make void any other or former will or wills testament or testaments by me heretofore made. Dated at St. John's in the Island of Newfoundland this second day of April Anno Domini one thousand eight hundred and fifty five. James Furlong (LS)
Signed sealed published and declared by the said James Furlong as and for his last will and testament in presence of who in the presence of each other and in the presence of the said James Furlong and at his request have subscribed our names as witnesses, hereto F.B.T. Carter,     Wm. Geo. Flood,     Thos. J. Kough.

Certified correct,
D. M. Browning
Registrar

Part 2 - Contributed by Paul Furlong - great-great-grandson (January 2005)

Page 1

Cover Page:

1856

Estate of The Hon. James Furlong of Oderin Merchant
Probate granted to John Kavaunagh of St. John's, Merchant
and T. J. Kough, Barrister, Executor's
Estate: 9000 pounds
Entered P.A. Vol. 3 Pg. 281

Page 2

To the Honorable Francis Brady, Chief Justice and the Assistant Justices of The Supreme Court.

The Memorial of John Kavaunagh of St. John's, Merchant and Thomas Kough of the same place, Barrister at Law respectful Sheweth.

That the late Honorable James Furlong, departed this life on the fourth day of April instant, leaving him surviving his widow Margaret Furlong, and eight children named Johanna Furlong, Elizabeth Furlong, Mary Furlong, Susan Furlong, James Peter Furlong, Catherine Furlong, John Thomas Mullock Furlong, and Lawrence O'Brien Furlong.

The said children are all minors oldest being about sixteen years of age, the youngest about three months old.

That the said James Furlong did on the second day of April A.D. 1855 make and publishes last will and testament appointing you Memorialists executors of the same.

That the said James Furlong was at the time of his death possessed of landed, personal and other property to the probable amount of nine thousand pounds currency as far as Memorialists are able at present to ascertain the value of the same.

Your Memorialists therefore pray that probate of the last will and testament be granted to Memorialists and in duty bound will ever pray.

Signed.

St. John's
April 10^th. 1856

Page 3.

To The Honorable the Supreme Court of the Honorable Judge thereof.

The Petition of Johanna Furlong of St. John's, spinster

Respectfully She-weth as follow-

James Furlong father of petitioner, died on or about the the day of April A.D. 1856 having previously made and Executed his last will and testament by which he appointed Thomas J. Kough and and John Kavaunagh Executors of the said Will. The said Thomas J. Kough the Surviving Executor of the said will died on or about the day of May A.D. 1895, having made and executed his last Will and Testament Probate of which was granted to Catharine Kough the Executrix named in the Will.

Under the provision of the Will of the said James Furlong and by direction of the Court a fund of about $26,000.00 after the division of the Estate of the said James Furlong, deceased amongst the parties entitled thereto, was set aside for the payment of the sum of $1200.00 per annum during her life to Margaret Furlong, Mother of Petitioner.

The said Margaret Furlong died on or about the day of February A.D. 1897, and out of said fund as directed by the said Will a sum was retained sufficient to secure an annual payment to your Petitioner of $200.

This fund of $5000.00 was secured by an investment in Debentures (of the) the Colony bearing interest of four percent and were deposited in the Bank of Montreal at St. John's for safe keeping.

The said Catharine Kough is now confined to her room and in a weak state of health, and in the interest of the Petitioner and the revisionaries it is most desirable to secure the continued retention of said Debentures in their present place of deposit for the collection of interest and the payment of the annuities provided by the will.

Your petitioner therefore prays as follows:

That the Court or one of your Lordships may appoint a person to hold the said Debentures for the purpose contained in the order od Court issued the 20^th day of May 1897, in the place and stead of the said Catharine Kough.

That the right to call for a transfer of the said Debentures and to receive any interest due and to accrue due thereon may vest in such person as aforesaid under the direction of this Court or one of the Honorable Judges thereof, and such other order may be made in the premises as the Court or one of your Lordships seen meet.

And your Petitioner will ever pray.

Dated St. John's this 8^th day of January A.D. 1901

Signed,

Johanna Furlong

Will of James Furlong
from Newfoundland will books volume 2 pages 203 to 205
probate year 1856

In re
     James Furlong      deceased.

This section was the same as the one submitted by Judy Benson as part of the wills project.

Page5

x Parte Filing 12 Day of January A.D. 1901

In the matter of the Will of the late Hon James Furlong

Ex Parte Johanna Furlong an annuitant under his will.

It appearing on petition submitted to me on the statement of counsel thereon, that there Debentures of the Government to the amount of five thousand dollars at four percent interest were set apart under said will to meet an annuity of two hundred dollars (per annum) bequeathed to the Petitioner, Johanna Furlong, daughter of Testator, and that said Debentures were issued in the names of the Executors Kavaunagh and Kough who are since deceased, and also that Mis Kate Kough the Executrix of one of them deposited these Debentures in the Bank of Montreal for safe keeping. It further appears that she is unable at present from protracted illness to attend to any business or to perform the duty imposed on her as Executrix. I do therefore order that said Debentures be retained by said Bank and that the interest be collected and paid to the annuitant and be subject to further order that may be herein,

Dated this 12^th day of January A.D. 1902

Signed
John Kavanuagh
Tho. Kough