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A Collection of Newfoundland Wills
(G)
Michael Gorman

 

Will of Michael Gorman from Newfoundland will books volume 5 page 646-649 probate year 1892

Last will and Testament of
Michael Gorman of St. Pierre Miquelon
and of Burin Planter deceased
.

In the name of God Amen I Michael Gorman of St. Pierre Miquelon but at present in St. John's Newfoundland Planter do make publish and declare the following as and for my last will and testament.
First I direct that all my just debts funeral and testamentary expenses shall be paid.
Second. I will and bequeath all my lands houses stores and premises at Burin in the Island of Newfoundland to my executor hereinafter named in trust to permit and suffer my son Denis Gorman to have hold use and enjoy the same for and during his natural life. And upon trust to assign and convey the same to such person or persons as my said son may by any writing under his hand direct and appoint if he should during his lifetime sell and dispose of the said property as he is hereby authorised and empowered to do so such person or persons and on such terms and conditions as he may deem best. In the event of such sale being made then the proceeds of such sale less the cash and charges attendant thereon shall become and be the sole and absolute property of my said son, but should my said son not so sell and dispose of the said lands and premises then I will and desire that my said executor shall after the decease of my said son hold the same in trust for the sons of my said son in equal shares and proportions amongst them.
Third I will and bequeath to my executor hereinafter named twenty shares held by me in the stock of the Commercial Bank of Newfoundland to be by him taken and held in trust in the first place from and out of the dividends profits and bonuses arising out of or payable thereon to pay for the maintenance and support of my wife Judith so long as she shall remain unmarried and no longer, any balance that may remain annually on his hands after paying for such maintenance and support I desire and direct my executor to pay to my said son Denis. And after the death of my said wife I direct that my said executor shall pay the said dividends profits and bonuses to my said son Denis during his life time and on the further trust after the death of my said son Denis to hold the said shares for the use behoof and benefit of his sons in equal shares and proportions amongst them. The children of any deceased son to have and take their fathers share, but in the event of the death of my said son without leaving a son or sons him surviving then to hold the said shares in trust for my nearest of kin still living.
Fourth. I will and bequeath the sum of twenty pounds currency to the very Reverend Richard O'Donnell Parish Priest of St. Mary's in Newfoundland for the celebration of masses for the for the repose of my soul. Fifth I will and bequeath the sum of twelve pounds to the most Reverend the Roman Catholic Bishop of St. John's for the time being for the celebration of a high mass for the repose of my soul.
Sixth. I will and direct that my executor shall out of any moneys left by me invest or cause to be invested the sum of one thousand pounds currency in government or other reliable security at his option and with power to him to call in and vary such security when and as to him shall seem proper and pay the interest or other profits arising from such investment to my said son Denis during his life time and after his decease I will and direct that the said principal sum of one thousand pounds shall be equally distributed and paid to and amongst his sons the children of any deceased son to have their fathers share and in the event of the death of my said son without leaving a son or sons him surviving then I will and direct that the said principal sum of one thousand pounds shall be held by my said executor in trust for my nearest of kin then living.
Seventh all the rest residue and remainder of my monies goods chattels and effects save and except my property in St. Pierre aforesaid as to which I intend to make a separate ?????? to my executor in trust for the sons of my son Denis in equal shares and proportions with power to him to apply such parts or portions thereof as he may deem proper to or towards payment for the maintenance support and education of the said son or sons of my son Denis or of any one or more of them.
Eight. I do hereby nominate and appoint Robert J. Kent of St. John's one of her Majesty's counsel as executor of this my will and I do direct and agree that he shall have and be entitled to receive from and out of my estate and effects the same professional fees costs, charges, and expenses as if he were not executor or trustee under this my will.
Lastly I do hereby revoke annual and declare void all former and other wills by me made
Dated at St. John's this fourth day of July A.D. 1887. (Sgd) Michael Gorman. Signed by the said Michael Gorman as for his last will and testament in our presence who in his presence at his request and in the presence of each other have hereto set our hands as witnesses on the day and year above written (sgd) William F. Patterson. (Sgd) John P. Kent.

Codicil 1
I Michael Gorman of St. Pierre Miquelon but at present in St. John's Newfoundland Planter do make publish and declare this as and for a codicil to my last will and testament as on the foregoing pages of this sheet written. I do hereby revoke annual and declare void the second bequest in my said will contained and instead thereof do declare that I will and bequeath to my executor in my said will named all my lands houses stores and premises at Burin in the island of Newfoundland in trust to permit and suffer my son Denis Gorman to have hold use and enjoy the same for and during his natural life and upon trust after decease of my said son to hold the same in trust for the sons of my said son in equal shares and proportions amongst them. And I do hereby ratify and confirm my said will in all other particulars. Witness my hand at St. John's aforesaid this 13th day of August A.D. 18?? Michael Gorman. Signed by the said Michael Gorman as and for a codicil to his last will and testament in our presence (sgd) William F. Patterson (sgd) A. D. Flinn.

Codicil 2
I Michael Gorman of St. Pierre Miquelon but at present in St. John's Newfoundland, Planter do make publish and declare this as and for a second codicil to my last will and testament dated at St. John's aforesaid on the fourth day of July Anno Domini 1887. Whereas since that date my beloved wife Judith has died and I find I am entitled to thirty shares in the capital stock of the Commercial Bank of Newfoundland instead of twenty as mentioned in the third bequest in the said will contained now I do therefore hereby revoke annual and declare void the said third bequest in my said will contained and instead thereof do declare that I will and bequeath to my executor in my said will named the thirty shares held by me in the stock of the Commercial Bank of Newfoundland to be by him taken and held in trust in the first place to pay the annual and other dividends profits and bonuses arising out of or payable thereon to my son Denis for and during his natural life and upon trust in the next place after the death of my said son Denis to hold the said shares for the use behoof and benefit of his sons in equal shares and proportions amongst them the children of any deceased son to have and take their fathers share, but in the event of the death of my said son Denis without leaving a son or sons him surviving then to hold the said shares in trust for my nearest of kin then living and I do hereby ratify and confirm my said will in all other particulars. Witness my hand at St. John's aforesaid this 14th day of August A.D. 1888 (sgd) Michael Gorman. Signed by the said Michael Gorman as and for a second codicil to his last will and testament in our presence (sgd) William F. Patterson. (Sgd) W. Edward Wood.

(Listed in the margin next to this will the following)
Fiat
??? J. S. C.

Probate
granted to
Robert J. Kent
of St. John's
the executor

Dated
Oct. 31st 1892

Estate
sworn under
$14,000.00

 

 

Page Contributed by Judy Benson & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Saturday September 08, 2018)

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