Will of Margaret Hierlihy
from Newfoundland will books volume 4 pages 232 to
235 probate year 1883
Margaret Hierlihy deceased.
This is the last will and testament of me Margaret Hierlihy of the City of
Halifax in the County of Halifax and Province of Nova Scotia Spinster.
I hereby appoint William Howe of Halifax aforesaid Esquire Q.C. sole
executor of this my will.
I direct that all my debts funeral and testamentary expenses shall be
paid as soon as possible after my decease.
I leave to my said executor or to any person charged with the administration
of my estate the sum of two hundred dollars for the purpose of erecting
a suitable monument on the spot at the Three Mile House Churchyard where
lie the remains of my late mother Hannah Hierlihy and my two sisters Cornelia
Jane and Eliza Hierlihy in memory of my said mother sisters and myself
and also for the keeping in order our said place of interment.
I direct my said executor or other person administering my estate in
Nova Scotia to pay the legacies following that is to say- To
the Old Ladies Home in this City the sum of eight hundred dollars. The
Orphans Home, Richmond, Halifax, the sum of eight hundred dollars. The Colonial and Continental Church Society at Halifax, the sum of two
hundred & fifty
dollars. The Deaf and Dumb Asylum Gottingen
Street Halifax, the sum of six hundred dollars. The
Poor of the Parish of St. George Halifax to be paid to the Rector for
the time being the sum of four hundred dollars. To Augusta and Cornelia
Ogden, daughters of my cousin Mrs. Augusta Ogden of
Antigonish, Nova Scotia, the sum of three hundred dollars each. My Cousins N.W.
White Esquire, Barrister and his sister Cornelia White,
the sum of two hundred dollars each. My friend Miss
Caroline James the sum of one hundred dollars. Miss
Agnes P. Howe youngest daughter of my said executor the sum of one
hundred & fifty
Should the assets of my estate prove insufficient to pay the above legacies
in full I desire that they may be abated rateably.
As my said executor, William Howe, has managed the business and affairs
of my late mother’s estate for many years, as her executor, without charge,
and has also advised and assisted my late sisters and myself professionally
and otherwise, without charge in various business matters, I give and bequeath
to him in respect of his said services, and in lieu of commissions on my mother’s
estate and my own, the sum of one thousand two hundred dollars, and this
bequest is not to abate in case of deficiency of assets, nor shall the
same lapse in case of his death before me but the same shall be paid
to his executors or administrators for the purposes of his estate.
I hereby direct all my real estate in St. John’s in the Island of
Newfoundland, or any interest I may have at the time of my death in any real
estate in that place or in that Island under my late mother’s will,
as being her last surviving daughter or otherwise, to be sold, either
at public or private sale at such time and in such manner as my executor,
or other person or persons having the legal right to administer my estate
shall see fit. And I hereby authorize and empower my
said executor, or other person administering my estate, to sign, seal,
execute and deliver all necessary deeds, conveyances and assurances for
the perfecting of any such sale or sales of my said real estate or any
part thereof. and I hereby declare that no purchaser
or purchasers of my said real estate, after payment of the purchase money,
shall be held responsible for the due application thereof. And my said executor or other person administering my estate in Nova
Scotia shall be at liberty to appoint an agent or agents in Newfoundland
for the sale of my said real estate or any part thereof, and may also
empower any agents or agent in Newfoundland to apply for administration
of my estate in that Island cum testaments annexe in the proper Court
in St. John’s.
Should my said executor William Howe die in my lifetime and should
I make no other appointment by codicil or otherwise, I direct and my will
is that the executor or administrator or person or persons having the lawful
administration of his estate, or the execution of his will, shall be my
executrix, executor or executors, as tho’ he, she or they (as the
case may be) had been expressly named and appointed by myself in this my
I leave the time for the payment of the legacies in this my will entirely
to the discretion of my said executor, or in case of his death, the person
or persons administering my estate and declare that it shall not be necessary
to pay the same in eighteen months after probate of this my will as it
will depend on the amount received from the sale of my said real estate
and it may not be prudent to hurry the sale of my said real estate.
I give, devise and bequeath the residue of my estate, real as well
as personal, of every nature and kind and wheresoever situate, to my said
executor William Howe, for himself his heirs, executors, administrators
and assigns absolutely- and this residuary devise and bequest shall not
lapse by reason of his death in my lifetime but shall go to and be received
by his executors or administrators for the use of his estate, or for distribution
under his will or otherwise.
- Any trifling presents of furniture, clothing, books, pictures, jewellry,
watches, trinkets &c. I may wish to leave to particular friends shall be
distributed as shall be directed in any written Memen signed by me and directed
to my said executor (tho’ not duly witnessed). In witness whereof
I the said Margaret Hierlihy have to this my last will
and testament (and also to a duplicate thereof) set my hand and seal at
Halifax this seventh day of January A.D. one thousand eight hundred and
seventy nine. Margaret Hierlihy (LS) Signed, sealed, published and declared by the testatrix, Margaret
(in duplicate) in our presence, and we in her presence, and in presence
of each other, at her request, have hereto (and to a duplicate hereof)
signed and subscribed our names as witnesses. Nepean
Clarke, Francis S. Beamish, E. Montgomery
This is a codicil to be added to and taken as part of my last will and
testament (hereto annexed) which bears date the seventh day of January A.D.
1879, and which I executed in duplicate. When I executed
the said will I was under the impression that my brother George B.
Hierlihy was not living but as I have since ascertained that I was
mistaken I am now desirous of leaving something to him, should he survive me,
in order to show to him that I still regard him with the affectionate feeling
of an only sister, and he being too my only brother- It is therefore
necessary that I should make some alterations in my said will which I do as
I revoke the bequest of two hundred dollars made to my executor for
the erection of a monument &c. as mentioned in clause 3 of my said
I revoke the legacy of two hundred & fifty dollars left in my will
(clause 4) to the “Colonial and Continental Church Society” at
I revoke the legacy of six hundred dollars left in my said will (clause
4) to the Deaf and Dumb Asylum Gottingen St. Halifax.
I revoke the legacy of four hundred dollars left to the Poor of the
Parish of St. George Halifax mentioned in my will (clause 4).
I revoke the bequests of two hundred dollars each made in my said will
(clause 4) to my cousins N.W. White & Cornelia White.
I revoke the bequest of one hundred and fifty dollars made in my said
will (clause 4) to Miss Agnes P. Howe she having since been married.
I give and bequeath to my said brother George B. Hierlihy, should he
survive me, the sum of one thousand dollars (1000) which sum I desire my
said executor to pay to himself or his order, or to remit the same to him
by Bill, as soon after my death as possible, but should my said brother
die in my lifetime or before the actual receipt of this legacy, or should
he not be heard from for two years after probate of my will in Nova Scotia,
I desire that the legacy to the “Deaf & Dumb Asylum” at Halifax of six hundred dollars
and the legacy to the “Poor of the Parish of St. George” of
four hundred dollars should be paid out of the sum left as above to my
I give and bequeath to Miss Sophia Jane Crisp and her sister Elizabeth
Harriet Crisp - daughters of my dear friend Revd Thos.
the sum of two hundred and fifty dollars each- and in the event of the
death of either in my lifetime or before receiving her legacy the whole
to the survivor, should she die without issue, but should she leave children
the legacy to be paid to her children & not to her surviving sister.
I give and bequeath to my friend Miss Caroline James, daughter of the
late Thomas W. James, Esqr the sum of two hundred and fifty dollars in
lieu of the sum of One hundred dollars bequeathed to her in & by my
I give and bequeath to my friend Miss Rachel Rigbey daughter of late
Isaac Rigbey the sum of two hundred & fifty dollars.
I direct that all the foregoing legacies and also those contained
in my said will be paid without interest. I also direct
my executors to sell my bedroom furniture & apply the proceeds in
the payment of my debts and funeral expenses, and to make such distribution
of my clothing as he may think proper.
Should the assets left by me, real & personal, be insufficient
to pay all the legacies mentioned in this codicil, I desire that they may
be abated rateably.
I confirm my said will in all particulars except so far as it may
be altered by this codicil- In witness whereof I the
Margaret Hierlihy, have to this codicil and also a duplicate
thereof, set my hand and seal this twenty-sixth day of August A.D. 1881. Margaret
Hierlihy (LS) Signed sealed published
and declared by the said Margaret Hierlihy in duplicate
in our presence and we in her presence and in presence of each other
and at her request have hereto (and to a duplicate hereof) subscribed
our names as witnesses, testatrix being in her usual health the words “time
or before the actual receipt of this legacy” being interlined
on second page between 9th & 10th lines, top of page William
Evans, Wm. H. Wiswell, E. Montgomery Vieth.
D. M. Browning