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A Collection of Newfoundland Wills
Denis Hanigan


Will of Denis Hanigan
from Newfoundland will books volume 1 pages 364 to 366 probate year 1841

In re
     Denis Hanigan       deceased.

In the name of God Amen. I Denis Hanigan late of the town of Clonmel Ireland at present residing in the Town of Saint John's in the Island of Newfoundland, being weakly in in body but of sound mind and memory and being desirous to prevent disputes after my decease do now make ordain and constitute this my last will and testament and I do hereby bequeath devise and dispose of all and sundries such houses lands messuages and tenements and all and every sort and kind of worldly goods and property that I now am or may hereafter be possessed of in and after the following manner that is to say, In the first place I desire and direct that all houses lands or tenements that I am now possessed of may be continued to be kept let and farmed out to the best and most approved tenants that may offer and on the most advantageous terms that may be made and that no part of them be sold during the natural life of my beloved wife Ellen; and that all the issues and profits arising therefrom and thereout be carefully collected kept and disposed of as herein directed.
Secondly I desire that all my just and lawful debts may be paid with all convenient speed.
Thirdly I give and bequeath to my beloved wife Ellen for and during and until the end of her natural life the full and clear sum of fifty pounds currency per annum together with all and singular such articles of household furniture, plate, money or bonds as may be in my possession at the time of my death; and it is my will and desire that these bequests to my said beloved wife Ellen shall be absolute and in no case to be affected by the event by the issues and profits arising out of my estate being or becoming insufficient to meet and pay all or any of the bequests hereinafter made and contained.
Fourthly I give and bequeath to my friend Patrick Kough of the town of saint John's aforesaid Builder, the full and clear sum of twenty pounds currency per annum for and during the natural life of my friend Judith Ward late of Newpark in the County of Tipperary, Ireland, at present residing in Saint John's aforesaid the said amount of Twenty pounds currency to be in trust and I direct and desire that it may be appropriated by the said Patrick Kough from time to time and in such manner as he shall judge most discreet and proper towards the maintenance of my friend the said Judith Ward during her natural life.
Fifthly I give and bequeath to the Right Reverend Doctor Michael Anthony Fleming, Roman Catholic Bishop of Newfoundland, the sum of forty pounds currency, thirty pounds of which said sum to be towards defraying the expense of erecting the intended Roman Catholic Cathedral Church in this town and the remaining sum of ten pounds towards the maintenance of the ladies of the Presentation Covent. The amount of this expense to be paid by instalments at such times and in such sums as my executors may find convenient.
Sixthly I give and bequeath to the Reverend Thomas Waldron of Saint John's the sum of five pounds currency for suffrages for the souls of the faithful departed this life with the intention that will be communicated to him. It is my further will and desire and I hereby direct and appoint that after paying and discharging the before recited legacies and bequests out of the profits and issues of my estate that all surplus and remaining sums shall be carefully collected and kept at the discretion of my executors to the intent that when part of my present property gets out of lease there may be still enough remaining under any circumstances to pay the before recited bequests to my said beloved wife Ellen; and it is also my will and desire and I direct and appoint that at the death of my said beloved wife Ellen or at death of my said friend Judith Ward respectively the bequests so made to or for each or either of them shall cease and the same shall cease from the time of such death and shall go and merge into the aforesaid surplus and remaining stock. I next direct and ordain that on the death of my said beloved wife Ellen and on the death of my friend the said Judith Ward and after paying and satisfying all claims that in justice or equity may be made on me that all remaining amount of money and property of every kind be appropriated for charitable purposes and that the same be handed over by my executors to the Superior of the Roman Catholic Church of Newfoundland for the time being for the support and maintenance of the said Church; for suffrages for my soul and for the souls of my former and present wives. And I hereby constitute and appoint my said beloved wife Ellen and my said friend Patrick Kough to be my executors to this my last will and testament and lastly I hereby revoke cancel disallow and set aside all or any will or wills made or said to have been made by me at any time or times heretofore, and do now declare that this and no other is my last will and testament which I fully acknowledge and to which I subscribe my name at Saint John's aforesaid this third day of May in the year of our Lord one thousand eight hundred and forty one in the presence of Denis Hanigan.   Martin Shea.    Jeremiah Ryan.   St. John's Newfoundland 3rd May 1841.

Certified Correct,
D. M. Browning



Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written 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 and Ivy F. Benoit

Page Revised by Ivy F. Benoit (March 24, 2003)

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