Will of Rachel Green
from Newfoundland will books volume 7 pages 57-61 probate year 1901

Last Will and Testament of
Rachel Green of Harbor Grace
Widow deceased.

      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 thereafter as touching my estate and effects I devise and bequeath the same as follows that is to say. To my daughters Frances Annie and 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 Harbor 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 Harbor 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 Harbor 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 event 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 Anna 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 life time as aforesaid.

I give and bequeath to my son Thomas Green the land to the eastward of and adjoining to the residence of my said son Daniel Green with the concurrent right equally with my son Daniel to the use and enjoyments 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 use of the said wharf the value and proceeds thereof shall be held by my executors or the survivors of them in trust for the use and benefit of Rachael 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 Rachael Mary her 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 Frances Ann Diana and Mary Hayes share and share alike as tenants in common. And I further give and bequeath to my son Thomas Green my fishing room and all premises and appurtenances thereto situate at Tub Harbor Labrador.

I give and bequeath to my said daughters Frances Ann Diana Green and Mary Hayse the shares and interest I now have in the stock of the water company of Harbor Grace aforesaid also in the Harbor 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 possession a fair and reasonable amount of rent for her part or share. I give and bequeath to my said daughters Frances Ann Diana Green and Mary Hayes the land and store thereon north of Water Street in Harbor Grace aforesaid share and share alike as tenants in common the stable on the said land to be the property of my said son 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 & Sons together with the land known as Kerry Land 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 become the property of his sons Daniel Fitzgerald and Bernard Fitzgerald and their heirs respectively.

I give and bequeath to my said daughter Francis Ann Diana Green and Mary Hayes and Rachel Fitzgerald all my interest right and property in and to the mortgage I have on the premises I have at Harbor Grace aforesaid known as the Jersey Room.

I give and bequeath to the Reverend John Walsh of Harbor Grace the sum of fifty pounds cy in trust to be expended for the purpose 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 Oconnor and Thomas O'Connor the sum of Twenty three pounds six shillings and eight pence 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 years 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 cy. That is to say twenty five pounds currency part thereof to the convent of Harbor Grace and five pounds the residue to the Convent at Carbonear aforesaid which said sums shall be paid to the Reverend Mothers for the time being of the said convents respectively.

I will and desire that the bequests hereinbefore contained to Michael Fitzgerald Rachel Fitzgerald shall be deemed life interests only and after their respective deaths shall become and be the property of Daniel & Bernard Fitzgerald aforesaid and their respective heirs and all the rest and residue of my estate and effects not hereinbefore specifically devised and bequeath 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 Frances 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 devise or bequeathed to both shall become and be the property of the surviving 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 whatsoever and that every such sale or mortgage or agreement therefor shall be invalid and of no effect and that the party or parties who shall in any case do so 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 intestacy 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 should the wife of my said 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 executors Michael Fitzgerald should he survive my said son Daniel Green co executor and in the event 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 Harbor Grace aforesaid this twenty fifth day of April anno Domini eighteen hundred and seventy one 1871. Signed Rachel Green her mark (LS) Signed Sealed published and declared by the said testatrix as and for her last will and Testament in the presence of us and in that of each other have hereunto subscribed our names as witnesses the same having been read over to the testatrix in presence of both and each other (sgd) James Bolger (sgd) Maurice Connell

      I certify the foregoing to be a correct copy of the last will and Testament of Rachel Green deceased

D. M. Browning
Registrar

(Listed in the margin next to this will the following)
Fiat
D. Morison J
admr cta
granted on the
10^th day of May
A.D. 1901 to
Rachel M. Thomey
Value of
Est. $1800.00