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Will of Mary Hearn
This is the last will and testament of me Mary Hearn of St. John’s Newfoundland widow of the late Patrick Hearn of St. John’s aforesaid Merchant. I revoke all former wills and testaments by me at any time made. I give devise and bequeath all my estate property and effects to my sons James Hearn and Thomas J. Hearn my executors hereinafter named in trust as follows: I give and bequeath to my said sons James and Thomas J. Hearn my interest in the dwelling house I now occupy in Water Street and in the premises in which our business is now carried on share and share alike as tenants in common I give and bequeath my household furniture plate and effects in and about my said house equally to my said sons and my daughter Alice and son John including my piano. I give and bequeath my interest in the mercantile business carried on in St. John’s under the firm of “J. & T. Hearn” subject to the terms of our co-partnership deed bearing date the twenty-ninth day of April 1874 equally to my said sons James, Thomas J. and John and my daughter Alice the business hereinafter to be for the benefit of the said James and Thomas J. as agreed upon in the said deed I give and bequeath to my said daughter Alice the shares standing in my name in the Union Bank of Newfoundland, the value thereof to be deducted from the interest of my said daughter in my general estate. All the rest and residue of my estate and effects not specifically bequeathed I give and bequeath equally to my said children I direct that the share to which my said daughter Alice is entitled shall be for her own use and benefit and not to be subject to the debts control or management of any husband with whom she may intermarry. I direct that the share to which my said son John Hearn may be entitled under this my will shall not be paid to or claimable by him until he shall arrive at the age of twenty-four years I appoint my said sons James and Thomas J. Hearn executors of this my will In witness whereof I have to this my last will and testament signed my name this fourth day of January A.D. 1876 at St. John’s aforesaid,
Mary Hearn. Signed published and declared by the testator as for her last will and testament in our presence and in the presence of each other, F.B.T. Carter. W. Forristall.
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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