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Will of Richard Kelly
In the name of God Amen. I Richard Kelly of Saint John’s Newfoundland being sick and weak in my bodily health but of sound mind and memory but considering the uncertainty of this transitory life do make this my last will and testament in form and manner following- viz- I first will and bequeath my immortal soul into the hands of the Almighty God who gave it- and next my body to the earth to be enterd in a decent and Christian like manner, and I order all my just and lawful debts to be paid- I next will and bequeath to my beloved wife during her widowhood the care and management of all my property, herself and my two sons James and John Kelly to manage the farm and conduct the business with the horses and carriages as usual and all my property to remain in the selfsame state as heretofore in my lifetime, but in case my beloved wife should marry then her authority to cease as regards my affairs paying her the said Mary Kelly the sum of fifty pounds currency and a feather bed which is to be considered in full for her claim on my estate- and I also will and bequeath to my two beloved sons James Kelly and John Kelly after the death of my beloved wife Mary Kelly all my farm houses and lands- and stock of hay cattle &c. on said farm situate on the old line road formerly leading to Bay Bulls inside Waterford Bridge equally- and I also order will and request that the said farm-houses and lands shall never be mortgaged or sold but remain in the family and in case of death of either to become the property of the surviving heir- I next will and bequeath to Richard Kelly Junr the sum of fifty pounds currency- after he has learned whatsoever trade he wishes to go to- the said money to be paid him when has his time served. I also will and bequeath to my beloved daughter Mary Anne Kelly at her marriage the sum of fifty pounds (say twenty five pounds paid down- and the like sum in twelve months and also a feather bed- I also will and bequeath to my beloved daughter Bridget Kelly- at her marriage the sum of fifty pounds curry- and bed twenty five pounds paid down and twenty five pounds in twelve months- and also to Anastasia Kelly the time of her marriage the sum of fifty pounds, twenty five pounds in hand and bed and twenty five pounds in twelve months from said date- all these sums to be taken from my stock of cattle hay &c. when said payments become due I also order my executors to pay to the Parish Priest of Templeoram Co. Kilkenny Ireland the sum of nine pounds curry for repairs for the altar of said Chapel with the exception of two pounds to be paid for Masses for my eternal welfare- The profit rent arising out of a house and land mine on Major ??bridge Keatings Estate I leave for the cloathing and schooling of my two youngest children. and I also will and bequeath the Revd. Father Walsh P.P. River head three pounds curry for Masses for my immortal soul- and it is also understood that my executors shall have full power to act in my name and should any or either of my two sons not be satisfied with the portion left him and disagree with his mother and not follow the business according to my wishes then the said son is to be paid fifty pounds in full of any other claim by my executors- and I also nominate and appoint Mr. Thomas Raftus of Saint John’s and Mr. Andrew Fitzgerald of said place to be my executor to have this my last will and testament after my decease executed. In witness whereof I the said Richard Kelly have hereunto my hand and seal subscribed and set at Saint Johns Newfoundland this twenty ninth day March one thousand eight hundred and fifty nine- Richard his X mark Kelly (LS) being first read over and explained in the presence of James Hackett.
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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