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Will of Rachel Green
This is the last will and testament of me Rachel Green of Harbor Grace in the Island of Newfoundland Widow. I revoke all former wills and codicils by me at any time made. I desire that all my just debts funeral and testamentary expenses be paid by my executors hereinafter named, and there after as touching my estate and effects I devise and bequeath the same as follows, that is to say: To my daughters Francis Ann Diana and Mary Hayes (before her marriage Mary Green) I devise and bequeath for ever the dwelling house I now occupy on the north side of Water Street in Harbour Grace aforesaid and all premises thereto appurtenant together with all my furniture goods and chattels in the said dwelling house, with cattle and other my effects on the said premises; Also to them for ever my land house and appurtenances situate to the northward of the said town being farm lands, the house now occupied by Thomas Cullen; all which property and premises shall belong to my said daughters as tenants in common, share and share alike. I further give to my said daughters for ever, in equal proportions as aforesaid, the land houses and premises held by Messrs. Jillard and Thompson my tenants at Harbour Grace aforesaid and the rents issues and profits thereof for their absolute use and benefit. I give and bequeath to my son Daniel Green during his lifetime, the land house and waterside premises he now occupies under me at Harbour Grace aforesaid, subject to the rent of fifty pounds currency per annum to be paid by him to my son John Green during the term of his natural life and after the death of the said Daniel Green the said land and premises shall belong to any male child or children lawfully begotten he may leave surviving him; but should there be no such child or children, or in the even of there being such child or children who shall die before the age of twenty one years without leaving lawful issue then the said land and premises shall become and be the property of my said daughters Francis Ann Diana Green Mary Hayes and Rachel Fitzgerald share and share alike, the said premises to be responsible to the said John Green for his annuity as aforesaid during his lifetime as aforesaid-
I give and bequeath to my son Thomas Green the land to the eastward of and adjoining the residence of my said son Daniel Green with the concurrent rights equally with my said son Daniel to the use and enjoyment of the wharf attached to the premises so occupied by my said son Daniel, and after the death of my said son Thomas the said land and right of user of the said wharf the value and proceeds thereof shall be held by my executors or the survivor of them in trust for the use and benefit of Rachel Mary daughter of the said Thomas Green and for her lawful issue; but should she die without leaving such issue her surviving then in trust for the other children of the said Thomas Green by his first wife deceased who may survive the said Rachel Mary their heirs and assigns; and should none of the said children survive the said Thomas Green, then upon his death the said land right of user proceeds and premises shall become and be the absolute property of my said daughters Francis Ann Diana Green and Mary Hayes, share and share alike, as tenants in common; And I further give and bequeath to my said son Thomas Green my fishing room and all premises and appurtenances thereto belonging situate at Tub Harbour Labrador. I give and bequeath to my said daughters Francis Ann Diana Green and Mary Hayes the shares and interest I now have in the stock of the Water Company of Harbour Grace aforesaid, also the Harbour Grace Gas Company and any monies debts Government securities and investments I may die possessed of or entitled to I also will and desire that if either of my said daughters shall not reside in my present residence the one who shall occupy the same shall pay to the other not in occupation a fair and reasonable amount of rent for her part or share. I give and bequeath to my said daughters Francis Ann Diana Green and Mary Hayes the land and store thereon north of Water Street in Harbour Grace aforesaid share and share alike as tenants in common the stable on the said land to be the property of my said son the said Daniel Green-
I give and bequeath to my son-in-law Michael Fitzgerald the store and building lot situate immediately adjoining on the north west the mercantile premises of Messrs. Ridley and Sons, together with the land known as Kerry Lane meadow, and the garden near the residence of the said Michael Fitzgerald, the said lands and store to be the property of the said Michael Fitzgerald for life and after his death to come the property of his sons Daniel Fitzgerald and Bernard Fitzgerald and their heirs respectively. I give and bequeath to my said daughters Francis Ann Diana Green Mary Hayes and Rachel Fitzgerald all my interest right and property in and to the mortgage I have on the premises at Harbour Grace aforesaid known as the Jersey Room-
I give and bequeath to the Reverend John Walsh of Harbour Grace the sum of fifty pounds currency in trust to be expended for the purposes of the Roman Cathedral there which sum shall be paid from and out of the rent due and payable from the premises occupied by Messrs. Jillard for the year immediately following my decease; the said bequest to be a charge on the said premises. I give and bequeath to the Reverends John Walsh and John O’Connor and Thomas O’Connor the sum of twenty three pounds six shillings and eight pence currency each, which bequests shall be a charge upon the house and premises now occupied by my son the said Daniel Green and which amounts shall be paid out of the year’s rent of seventy pounds currency which will be due and payable from the said premises for the year immediately following my decease. I give and bequeath to and for the benefit of the Convents at Harbor Grace and Carbonear the sum of thirty pounds currency, that is to say, twenty five pounds currency, part thereof, to the Convent at Harbour Grace aforesaid, and five pounds the residue to the Convent at Carbonear aforesaid; which said sums shall be paid to the Reverend Mother for the time being of the said Convents respectively.
I will and desire that the bequests hereinbefore contained to Michael Fitzgerald and Rachel Fitzgerald shall be deemed life interests only, and after their respective deaths shall become and be the property of Daniel and Bernard Fitzgerald aforesaid and their respective heirs, and all the rest and residue of my estate and effects not hereinbefore specifically devised or bequeathed hereby I give devise and bequeath to my said daughters Frances Ann Diana Green and Mary Hayes equally. I further will and direct as follows namely that the several bequests aforesaid to my said daughters shall be enjoyed by them free and independent of any husband or husbands of either and without being liable for the debts and engagements of any husband Also that should either of my daughters Francis Ann Diana Green and Mary Hayes die without leaving lawful issue her surviving the share of the one so dying in any lands or houses hereinbefore devised or bequeathed to both shall become and be the property of the survivor her executors or administrators. (And further it is my will and desire and I expressly direct, that no part of the lands houses or rights or appurtenances thereto so hereinbefore devised or bequeathed shall be sold or mortgaged and that any one of my aforesaid legatees who shall sell or mortgage or agree to sell or mortgage as aforesaid shall have no authority to convey any interest or right in any such lands and premises or any part thereof to any person or persons whomsoever, and that every such sale or mortgage or agreement therefor shall be invalid and of no effect and the party or parties who shall in any case so do shall forfeit all claim right and interest in the land and premises, and the same shall immediately belong to and be the property of those who could claim as my next of kin as in case of intestate share and share alike excluding any right interest or claim by the person or persons who may so contravene my directions as aforesaid. And I further will and direct that should the wife of my son Daniel Green survive him she shall not exercise any claim or control upon or over the property hereinbefore bequeathed after his death to his child or children, but the same shall be held in trust for the benefit of such child or children, in the first place by my executor Michael Fitzgerald, should he survive my said son Daniel Green co-executor, and in the even of the death of the said Michael Fitzgerald by such person or persons except as aforesaid who shall be appointed for that purpose by the Supreme Court Lastly I hereby nominate constitute and appoint my son the said Daniel Green and my son-in-law the said Michael Fitzgerald executors of this my last will and testament. Witness my hand and seal at Harbour Grace aforesaid this twenty-fifth day of April Anno Domini eighteen hundred and seventy-one (1871)
Rachel her X mark Green (LS) Signed sealed published and declared by the said testatrix as and for her last will and testament in the presence of us who in her presence and in that of each other have hereto subscribed our names as witnesses the same having been read over to the testatrix in the presence of both and each of us. James Bolger. Maurice Connell.
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.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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