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A Collection of Newfoundland Wills
(M)
Richard Mackay

Disclaimer: The wills for volumes 1 and 2 are not made from the original will books, but rather from a set of books written up from the originals about 100 years later. The 1846 hand written will book that we are putting up along with the wills from the volume 1 will book, is not the original will book. It was made, probably within a decade of the death of the testators, but it is not an exact replication from the original will book.

 

Will of Richard MacKay
from Newfoundland will books volume 1 pages 543 & 544 probate year 1848.

In re
      Richard Mackay      deceased.

In the name of God Amen, I Richard Mackay of Holy Rood Conception Bay in the Island of Newfoundland native of Ireland in the Barony of Imokilly, County Cork, being of sound mind and good health of body yet ignorant how long these blessings may be indulged me, do make this my last will and testament revoking all other will and wills heretofore made by me, Impremis, I give and bequeath to Francess my dearly beloved wife the sum of one hundred pounds sterling money to be paid her by Messrs. Boyle, Low, Pim & Co. my brokers in Dublin to be raised out of the Consolidated Funds now standing in my name in the Bank of Ireland together with all the Cash and Provisions in the house and all my household goods and the use of my premises untill such time as my son John Mackay becomes of age,

  • Item   I give and bequeath to my daughter Mary Mackay the sum of one hundred pounds sterling to be raised and paid as formerly mentioned,
  • Item,   I give and bequeath to my daughter Anastatia the sum of one hundred pounds sterling to be raised as formerly mentioned,
  • Item,   I give and bequeath to my brother Edmond Mackay the sum of Fifty pounds sterling to be raised as formerly mentioned,
  • Item,   I give and bequeath to His Lordship Bishop Fleming the sum of twenty pounds sterling for the purpose of saying masses for the repose of my soul to be raised as formerly mentioned, all the outstanding debts due to me in the neighbourhood of Harbor Main and Holy Rood I forgive them all and I will and desire that my executors will have no further claim on them.
  • Item,   I give and bequeath unto my son John Mackay the sum of eight hundred pounds sterling money he it (?) more or less now standing in my name in the Bank of Ireland to be raised as formerly mentioned together with all my premises erections &c. at Holy Rood also my wearing apparel and my watch with my books trunks and papers of every description belonging to me and for the purpose of having all these articles truly and justly fulfilled I constitute Thomas Harvey Esq. my executor to act in that office and if any relation of mine or other legatee shall go about to molest or commence any suit against my said executor in the execution of his office I do as far as the law permit me hereby revoke and make void all such bequests or legacies as I had given to such person or persons.

In witness whereof I have hereunto set my hand and seal this twelveth day of July in the year of our Lord one thousand and eight hundred and forty seven 1847. Richard Mackay.
Signed sealed published and declared by the said Richard Mackay the testator as and for his last will and testament in the presence of us who in his presence and at his request and in the presence of each other, have signed our names as witnesses hereto. Jeremiah O'Donnell, R.C.C.   John Murphy,   Patrick Fitzgerald.

Certified correct
D.M. Browning
Registrar.


Will of Richard MacKay from Newfoundland will book labeled, "REGISTRY OF WILLS 1846," pages 142 to 145 probate year 1848.

In the name of God, Amen, I Richard Mackay of Holy Rood, Conception Bay, in the Island of Newfoundland ~ Native of Ireland in the Barony of Imokilly, County Cork, being of sound mind and good health of body. Yet ignorant how long these blessings may be indulged me, do make this my last Will and Testament revoking all other will and wills heretofore made by me.

Imprimis, I give and bequeath to Frances my dearly beloved wife the sum of one hundred pounds sterling money, to be paid her by Messrs. Boyle, Low, Pim & Co. my brokers in Dublin to be raised out of the Consolidated Funds now standing in my name in the Bank of Ireland together with all the Cash and Provisions in the house and all my household goods and the use of my premises until such time as my son John Mackay becomes of age. Say Twenty One years. And it is my wish and desire that my wife and children will live together until such time as my son comes of age.
Item   I give and bequeath to my daughter Mary Mackay One hundred Pounds Sterling to be raised and paid as formerly mentioned.
Item,   I give and bequeath to my daughter Johanna Mackay the sum of One hundred Pounds Sterling to be raised as formerly mentioned.
Item,   I give and bequeath to my daughter Anastatia the sum of One hundred Pounds Sterling to be raised as formerly mentioned.
Item,   I give and bequeath to my brother Edmond Mackay the sum of Fifty Pounds Sterling to be raised as formerly mentioned.
Item,   I give and bequeath to His Lordship Bishop Fleming the sum of Twenty Pounds Sterling for the purpose of saying Masses for the repose of my soul to be raised as formerly mentioned.
All the outstanding debts due to me in the neighbourhood of Harbor Maine and Holy Rood I forgive them all and I will desire that my executors will have no further claim on them.
Item,   I give and bequeath to my son John Mackay the sum of eight hundred Pounds Sterling money be it more or less, now standing in my name in the Bank of Ireland to be raised as formerly mentioned together with all my premises erections &c. at Holy Rood ~ also all my wearing apparel and my watch with my books trunks and papers of every description belonging to me ~
And for the purpose of having all these articles truly and justly fulfilled I constitute Thomas Harvey Esq. my executor to act in that office.
And if any relation of mine or other legatees shall go about to molest or commence any suit against my said Executor in the execution of his office. ~ I do as far as the law will permit me hereby revoke and make void all such bequests or legacies as I had given to such person or persons.

In witness whereof I have hereunto set my hand and seal this twelfth day of July in the year of our Lord one thousand and eight hundred and forty seven. Richard Mackay. (LS)
Signed Sealed published and declared by the said Richard Mackay, the Testator as and for his last will and Testament, in the presence of us, who in his presence and at his request, and in the presence of each other have signed our names as witnesses hereto. Jeremiah O'Donnell, R.C.C.   John Murphy,   Patrick Fitzgerald.

Newfoundland ~ In the Supreme Court
Jeremiah O'Donnell of Saint Johns in the Central District Catholic Clergyman a subscribing witness to the execution of the within will maketh oath and sayeth that he was present and did see Richard Mackay the Testator therein named duly sign seal publish and declare the same as and for his last will and Testament in the presence as well of this Deponent as of John Murphy and of Patrick Fitzgerald the other subscribing witnesses thereto. And this Deponent further saith that the said Testator at the time of so publishing his said Will was of sound and disposing mind memory and understanding to the best of Deponents judgement and belief. Jeremiah O'Donnell

Sworn before me at Saint Johns this 1st day of April A.D. 1848 Charles Simms, Commiss.

 

 

Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written 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 and Ivy F. Benoit

Page Revised by Ivy F. Benoit (October 10, 2002)

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