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Will of Walter Irwin
This is the last will of me Walter Irwin of St. John’s Newfoundland Cabman and I revoke all former wills by me made I appoint James J. McGrath of St. John’s aforesaid Solicitor and Walter Skinner of same place Painter executors of this my will
1 I give to my wife Mary all my personal chattels including live stock) choses in action and money which I shall die possessed of subject to the payment out thereof of all my unsecured debts testamentary and funeral expenses including Estate duties
2 I bequeath and devise to my nephew the said Walter Skinner absolutely all that piece of land bounded by the old Railway track on the North on the east by Irwin’s Hill on the South by a line running from Irwins Hill along the north side of my barn stable and manure-pound until it meets a point in a line with the Western boundary of the garden and from this point the boundary line runs in a southern direction along by the said western boundary of my garden until it meets the northeast corner of one Byrnes land thence the southern boundary line runs westerly along the rear of Byrnes Howletts O’Reillys and Ryalls land with my land let to tenants thence westerly along the rear of the land now let to tenants until it meets the north western angle of land let to Neary and the western boundary shall be a straight line running from said north west angle to the said railway track on a line with said Neary’s western boundary
3 I bequeath and devise to my brother William Irwin
4 I bequeath and devise to my nephew James J. McGrath the land between Circular Road on the South and the old railway track on the north and between the land hereinbefore devised to said William Irwin on the West and the land let to Neary and the land hereinbefore demised to Walter Skinner on the East provided the said James J. McGrath pays off the mortgage debt now upon all my property
5. The residue of my estate I devise and bequeath to my said wife for
her life or until she shall again marry (which ever event first happens)
and after her death or marriage which ever event first happens I devise and
bequeath the said residue
6. If my daughter takes a life interest only in the said residue under the last preceding paragraph of my will (No. 5) that is to say when she is alive at the death or marriage of her mother (my wife) and afterwards dies before attaining twenty one years of age on her death I bequeath and devise the said residue to my niece Mary Irwin and nephews Thomas F. McGrath Walter Lawlor James J. McGrath and Walter Skinner as the SAME is bequeathed and devised under subsection (b) of the said paragraph No. 5
7. If the interest of my said wife in said residue shall not fall in (that is to say on the death or marriage of my said wife) until after the death of my daughter who had attained twenty one years of age or more and who leaves lawful issue (child or children) then said child or children- if one all: if more than one in equal shares- shall take the said residue absolutely notwithstanding subsection (b) of paragraph No. 5 of this my will-
8. It is to be understood that if said James J. McGrath acts as executor he shall not be precluded from charging for services as counsel solicitor or agent that he may render to my estate-
9. It is also to be understood that should my wife while a widow desire to reside otherwise than in the dwelling we now occupy she shall let the same together with the outhouses and garden to my nephew Walter Skinner at an annual rent of eighty dollars (80.xx) he to do all repairs
10 While my wife resides in said dwelling she shall do repairs and while there or receiving income from my estate all outgoings insurance taxes and other demands upon the estate shall be borne and paid by her In witness whereof I have set my hand to this my will this 5th day of February 1915 the words “on the west” and “or has attained” being first interlined on 2nd page and the word “demised” erased on this page and the words “Walter Skinner interlined on 2 page Walter Irwin Signed by the testator Walter Irwin as his last will in our presence and in the presence of each other who have hereunto subscribed our names as witnesses John Murphy Gertrude Power
This is a codicil to the last will of me Walter Irwin of
Newfoundland Cabman which will bears date the 5th February
1915 Whereas I am about to raise by way of mortgage
a loan on the security of my land held under lease by Edward
Neary or) and some other part of
my property referred to in said will as “the residue” but
fearing I may die before the completion of said borrowing I hereby authorize
my executors if I fail to finalize the borrowing to borrow as aforesaid.
The money so raised by them or raised by me and left at my death shall
be applied in payment of (a) estate duties (b) debts and testamentary
expenses ( c) ten dollars for Masses for repose of my soul (d) any sum
necessary for headstone and burial plot accessories and (e) such other
sums as my executors may have to pay in connection with the management
of my estate but the bequest made in the 1st clause of my
said will is to be still subject to the payments in said clause referred
to if my executors deem it necessary
(Listed in the margin next to this will the following)
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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