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Will of John Little
In the name of God Amen. I John Little of Saint John’s in the Island of Newfoundland do make the following as my last will and testament, viz-
First- I will and direct that my executors hereinafter named shall pay all lawful debts due by me at my decease or by my estate thereafter.
Second, I give and bequeath to my executor and His Lordship the Rt. Reverend Doctor Mullock in trust the sum of two hundred pounds currency to be invested at interest in some Government and safe security for all time to come and that they and their executors or administrators shall every half year apply the interest to accrue from such investment to and for Masses for the good of my soul including at least one High Mass every year for that purpose-
Third- I give and bequeath my piano to my executor in trust for my beloved sister Mary Theresa and for her dear little children Ellen Bridget and Mary Theresa never to be sold or disposed of by any of them-
Fourth- I give and bequeath to my executor in trust the sum of ten pounds currency to be distributed by the Society of St. Vincent de Paul in St. John’s among the most deserving Poor.
Fifth, I give and bequeath to my beloved sister Catherine the sum of ten pounds curry.
Sixth, I give and bequeath to my beloved sister Eleanor Margaret the sum of ten pounds currency.
Seventh, I give and bequeath to my beloved brother Cornelius twenty pounds sterling.
Eighth, In case my beloved brother Joseph I. Little should within twelve months from my decease come to and permanently reside in Newfoundland and practice his profession therein. I give him all my law books and the use of my two offices in the western end of my dwelling house next to Scanlans lane free of charge for ten years from the time he takes possession thereof save any public taxes and assessments that may be imposed on said house and ground belonging thereto which he shall annually pay during said ten years.
Ninth, In case my beloved brother Joseph should not within said twelve months come to this Island as aforesaid then the foregoing bequest shall be void and in such case I give and bequeath all my law and other books of every description including my book case to my beloved brother Philip Francis Little I also give him ten guineas sterling to purchase some fitting memorial to be held in testimony of my memory.
Tenth. In case my beloved brother Joseph should not return to this Island and practice therein as I desire as aforesaid then I give and bequeath to him the sum of fifteen pounds sterling to purchase law books for his library.
Eleventh, I give to my beloved brother Peter C. Little my portion of the debt he owes for moneys advanced to him from time to time while prosecuting his studies.
Twelfth, I give to my beloved brother Patrick George my portion of the moneys advanced to him when in St. John’s some years ago.
Thirteenth, I give to each of my respected friends the Reverend Jeremiah O’Donnell and Reverend Richard O’Donnell each ten pounds currency,
Fourteenth I will and direct that my executor shall invest and keep the rest of my money and the proceeds of my personal effects invested at interest on approved permanent security and also the rents issues and profits to accrue from my dwelling house and all other my houses land and premises and out of the interest to accrue from said investments annually to pay the sum of forty pounds currency by equal half yearly payments to and towards the support and maintenance of my beloved parents and the survivor of them and after the death of the survivor of them to and towards the support and maintenance of my beloved sisters Catherine and Eleanor Margaret and the survivor of them as long as each of them shall remain unmarried: but no longer- and that on either getting married her share (£20 a year) shall lapse into the residue of my estate to be disposed of as hereinafter mentioned-
Fourteenth. I give devise and bequeath all the rest residue and remainder of my moneys property assets goods chattels and effects both real and personal, not hereinbefore disposed of to my executors to hold the same in trust for the following purposes that is to say, out of the rents issues and profits of my landed property and the interest to accrue on such balance of said investments as shall remain or accrue from time to time to pay all lawful charges that shall or may be imposed thereon except as is provided in the eighth bequest of this will for the time therein limited and also to pay ten pounds sterling a year to and towards the support of the house of Refuge for destitute Females near St. Michael’s at Belvidier in the vicinity of St. John’s and to pay thereafter and apply the balance of such rents issues and profits and of said interest to and towards the support and maintenance of the Orphan children in the Catholic Orphanage in the Diocese of St. Johns’ in the said Island It being my will and desire that this provision shall be permanent and that no portion of my real estate shall at any time be sold or parted with but that the same shall remain in trust with my executor for the purposes aforesaid. Lastly I appoint my beloved brother Philip Francis Little executor to this my last will and testament. Dated at St. John’s aforesaid this ninth day of August 1864. John Little. Signed executed and declared by the said John Little as his last will and testament in presence of R. Raftus, Student at-law, Joseph Keith, Bailif.
This is a codicil to the last will and testament of John Little of St. John’s, Barrister at-law, viz- First In case I have made no provision in my said will for and towards the support and maintenance of my beloved aunt Elleanor Doyle, widow, I give to her ten pounds cy of the current money per year towards her support and maintenance during her natural life but no longer said annuity to be paid out the rent to be received out of the rents and profits of that piece of land now occupied by N. Thomas on the west side of Scanlans Lane and should that fund fail to pay off said annuity the deficiency to be made up out of the fluctuating balance of the funds of my said estate during her lifetime and no longer. Secondly I give and bequeath to my dearly beloved brother Patrick George Little a Printer the sum of twenty (£20) pounds currency a year for the next three years of his natural life, payable to him by instalments of ten pounds cy half yearly the first instalment to be paid to him with six months from my decease. I hereby confirm my said will and appoint my dear brother Philip executor hereof. Dated 5th Oct. John Little. Eleanor M. Little, Ann her X mark Sergeant.
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 and also no paragraphs. 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. However, in some of the very long wills, we have tried to insert paragraphs to make it easier for the researcher to read the document.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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