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Will of Daniel Hearn
In the name of God Amen, I Daniel Hearn of Saint John’s Newfoundland Cooper, being at present in a very delicate state of health, and knowing that it is appointed for all men once to die being of perfect sound and disposing mind memory and understanding do make and ordain this to be my last will and testament in 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 to be decently interred and as to such worldly estate wherewith God has blessed me with in this life I give devise and bequeath the same as follows I have now in the Savings Bank of Saint John’s the sum of six hundred pounds currency, and it is my desire that the sum of one hundred pounds cy thereof shall be drawn from the Bank for the purpose of defraying my funeral expenses and the amt that shall remain after the expenses aforesaid to be delivered over by my executors to my wife Mary in trust for the use and benefit of my daughter Ellen McDonnell who shall receive the said amount from her mother on the day of her marriage. I give and bequeath to my beloved daughter Catherine the remaining sum of five hundred pounds in the Savings Bank and it is my desire and request that no part or parcel of the said principal sum of five hundred pounds shall be drawn from the Bank until the date of my said daughter’s marriage or shall become of lawful age, and I desire and request that the interest arising therefrom shall be drawn by my wife Mary for her support so long as she remains single but in case of her marriage the said interest money together with the principal aforesaid shall from thenceforth remain the Savings Bank for the use behoof and benefit of my daughter Catherine as aforesaid. I give and bequeath to my wife Mary during her widowhood the houses at the Barking Kettle now in the occupancy of Andrew Flinn and William Flinn, Mrs. Kennedy, Grace and Power to have the rents and profits thereof provided always that if she married then and from thenceforth this bequest to her ceases and becomes null and void, and from the date of such marriage my executors hereinafter named shall receive the rents of the said several dwellings and lodge the same in the Savings Bank for the use and benefit of my daughter Catherine- on the death of my wife Mary my daughter Catherine becomes sole owner of the aforesaid house now occupied by Mrs. Kennedy.
On the death of my wife Mary my stepson John McDonnell is to have and hold the house now in the occupancy of Grace, Carpenter, with the share of the garden attached thereto and my stepson Michael McDonnell is to have and to hold the house and part of the garden attached thereto now in the occupancy of Power, Carpenter,- and the rent arising from the two houses occupied by Andrew and William Flinn shall be received by my executors and lodged in the Savings Bank for the use and benefit of my daughter Catherine. My wife Mary shall have and hold my present dwelling house during her widowhood and on her death being then single she may bequeath the said dwelling house at her pleasure, but in case of her marriage my said dwelling house is to be sold by auction or private sale at the discretion of my executors and the proceeds lodged in the Savings Bank at the discretion of my executors for the use and benefit of my daughter Catherine. I have now eighty-four Iron bound Puncheons which shall be sold and the proceeds to be given to my wife Mary and disposed of as follows, Ten pounds cy for the Convent at Riverhead, Ten pounds cy for the Orphan children at the Cathedral, Five pounds for young Revd Mr. Walsh for Masses for my soul. I have about 70 or 80 var casks to be sold and disposed of and the proceeds thereof to be handed over to my wife Mary,- and the hoops and all other stuff remaining after the said casks shall have been finished and sold shall be divided equally between my two step sons John & Michael McDonnell at their mother’s discretion.-
I give and bequeath to my wife Mary the garden in the rear of the houses at the Barking Kettle. In case of my daughter Catherine’s death before marriage or becoming of age the principal sum of five hundred pounds in the Savings Bank aforesaid shall be remitted to John, Thomas and Michael Morrey of Tourin in the County of Waterford Ireland by three even and equal shares, less fifty pounds currency to be deducted therefrom for her funeral expenses and Masses for her soul And I hereby nominate and appoint Mr. Clement Carew and Mr. Michael Collins, executors of this, and I hereby revoke and declare null and void all wills, legacies and bequests heretofore made by me declaring this and no other to be my last will and testament In witness whereof I have hereunto set my hand and seal after distinctly perusing the same and finding it to be in all respects correct according to my will this fifteenth day of March A.D. one thousand eight hundred and fifty eight. Danl Hearn (LS) Signed sealed published and declared by the said testator as his last will and testament in presence of us, Hy. Devereux, Not. Pub. Michael Collins, Clement Carew.
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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