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Will of John Furlong
Anno Domini 1858. In the name of God Amen. Dated this twenty-seventh day of April in the year of our Lord one thousand eight hundred and fifty eight. I, John Furlong of Saint John’s in the Island of Newfoundland being of perfect sound and disposing mind, memory and understanding, being now advanced in years and therefore mindful of my mortality do make and ordain this to be my last will and testament in the manner following that is to say:-
First and principally of all I give and recommend my soul into the hands of Almighty God that gave it and my body to the earth, and as to my worldly estate I give and bequeath the same as follows:-
2ndly I desire and request that all lawful just debts due of me at the time of my death shall be paid as soon as possible after my interment.
3rdly During the natural lifetime of my beloved wife Mary I give and leave unto her and my beloved son James jointly all my lands dwelling houses tenements and the rents and profits thereof and also the yearly interest of all my money in the Funds. They are to provide for and support my son Martin equal to themselves but Martin is to have no control in the estate.
4thly If it shall so happen that they cannot live happily together or should disagree and separate my wife Mary shall in such case have and hold my present dwelling house and the garden attached thereto also the yearly interest of four hundred and twenty pounds sterling now in the Consolidated Fund at six per cent per annum and also the interest of one hundred and sixteen pounds currency now in the Union Bank for her support And after my wife Mary’s death my property is to be divided as follows:-
5thly I then give and bequeath unto my beloved son Martin that part and parcel of my lands and tenements at present in the occupation of Richard Doyle and Edward Quinn extending in front by Gower Street to within two feet of Mr. Ayre’s house thirty four feet, running in a fair line to the western rear of Charles Power’s house in Duckworth Street and bounded on the east by Mrs. Macnamara’s property: Also all my farm of land situate on the Freshwater Road and now in the occupancy of Mr. Scapelin; also the interest of one hundred and twenty pounds sterling at six per cent per annum now in the Funds.
6thly I give and bequeath unto my son Michael that house and ground in the occupation of Mr. Ayre measuring by Gower Street twenty two feet; also the house and ground in the occupancy of Mrs. Currie measuring by Duckworth Street twenty nine feet and half Mrs. Currie’s passage way also the interest of one hundred pounds sterling now in the funds at six per cent per annum.
7thly- I give and bequeath unto my son James the dwelling house I now occupy including that part now in the occupancy of Mr. French and half Mrs. Currie’s passage way and all the ground west of my house in Duckworth Street together with the garden attached to my house: also the interest of two hundred pounds sterling in the funds at six per cent per annum.
8thly- All my furniture is to remain in my house for my son James except one feather bed and bedding for Michael and one feather bed and bedding for Martin.
9thly. I give and bequeath to the Right Rev. Dr. Mullock the sum of ten pounds currency for the benefit of my soul.
10thly. If any of my aforesaid three sons James, Martin, Michael should die leaving no lawful issue the lands and premises and the interest of money hereinbefore reserved and bequeathed to him shall revert to and become the joint property of his two surviving brothers aforesaid; and should two of my three sons die leaving no lawful issue the survivor of them shall have and inherit the respective shares of the lands, premises and interest of money of his deceased brothers aforesaid-
11thly- It is my desire and request that my legatees aforesaid or any of them shall have no right power or authority to sell mortgage or dispose of their respective shares or any part or parcel thereof: but they may grant leases at reasonable yearly rents for a term not to exceed five, ten or fifteen years from the date of such lease or agreement.
12thly There is now in the Union Bank the sum of £116 currency the interest of which shall be drawn for the use and benefit of my son James and of my wife Mary during her lifetime, Should any necessity arise (and of this necessity my wife Mary and my son James shall be the judges) to draw this sum or any portion thereof for the use and benefit of my wife Mary it shall be lawful and she is hereby empowered to do so: and after her death this £116 or whatever amount may remain due then in the Union Bank, shall be divided as follows: Fifty pounds to be divided equally between my four grandchildren Maria Ann Furlong, John Furlong, Louisa Furlong and Roger Furlong, which sum shall be paid by my son James immediately after his mother’s death unto the hands of the Parish Priest for the time being who is hereby adjoined and authorized to retain this money and to distribute it at such times and on such occasions as in his judgment may fulfil my intention therein, namely to aid and assist in the support and education of the said children. The Parish priest is to be the sole judge when and how to expend it. The remaining portion £sixty six to be equally divided between my daughter Elizabeth Power and step-daughter Margaret Power, provided that this sum remain after the sixty pounds bequeathed to the children (and if this sum only remains it shall be paid to them): if not the surplus to be equally divided.
13thly. I will that my son James whom I hereby authorize to do so would, at the time of the sale of the piece of land to the west end of my dwelling house, draw, if necessary, for the purchase thereof the sum of £220 sterling out of the Funds which sum to be made up of Martin’s £120 and Michael’s £100. And in the event of the purchase whatever rents or profits that shall arise therefrom shall go for the use and support of my wife Mary, during her lifetime, After her demise the said land shall be divided into two equal parts for my children Michael and Martin; if both of them should die without leaving lawful heirs, the property shall be given to the children of the surviving brother.
14th. And I nominate and appoint Mr. Peter Brennan and Mr. James McLaughlan, executors of this my will; and I hereby revoke all wills, legacies and bequests by me theretofore made, declaring this and no other to be my last will and testament. In witness whereof I have hereunto set my hand and seal having first carefully read it over and finding it correct in every item. John Furlong (LS) Signed sealed and delivered by the said testator as his last will and testament in presence of us, witness James McLaughlin, James Furlong.
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 and also no paragraphs. 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. However, in some of the very long wills, we have tried to insert paragraphs to make it easier for the researcher to read the document.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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