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A Collection of Newfoundland Wills
Catherine Mahar


Will of Catherine Mahar
from Newfoundland will books volume 4 pages 407-408 probate year 1885

In re
      Catherine Mahar deceased.

This is the last will and testament of Catherine Mahar (widow of the late John Mahar) in the Island of Newfoundland:    My will is first that my funeral expenses and all just debts be paid and the residue and remainder of my real and personal property which shall not be required for such purpose, I give devise and bequeath to my daughter-in-law Elizabeth Mahar (wife of my son John) free from the control of her present husband or any future one all the real and personal estate goods and chattels to which I shall die in anywise entitled being all my interest in the dwelling house outhouses and premises situate on the west side of Cochrane Street which property is at the present in the occupancy of the Widow Hanrahan and adjoins the dwelling house in the occupancy of my son John.     Also all my interest in that dwelling house shop and premises situate on Water Street opposite the premises of Sir Ambrose Shea which property was held under lease by the late Captain Shelly for a term of ten years and by him assigned to Mrs. John Kearney and also all my interest consisting of about fifteen years from this date in that piece or parcel of land situate on Forest Road held under lease from Charles Loughlan Esq. To have and to hold as aforesaid the said interests in goods chattels furniture houses land and premises unto the said Elizabeth Mahar her executors administrators and assigns upon the following conditions and trusts:
First: I hereby order and direct that the said Elizabeth Mahar shall maintain and educate out of the proceeds of my estate all her children of my son John until the youngest of them marries or becomes of age.
Second. I order and direct that the said Elizabeth Mahar shall out of the proceeds of my estate pay to Anna and Catherine or the survivor of them children of my late son William the sum of twenty five pounds each when married or come of age.
Third I do order and direct that the said Elizabeth Mahar shall pay to Father ______ the sum of five pounds for Masses for the repose of my soul after my burial and five pounds for the repose of the soul of my late husband.    In case of the death of Elizabeth Mahar or of her marrying again after the demise of her present husband then and in such case I order and direct that the above property be divided amongst all the children (surviving) of Elizabeth Mahar share and share alike.     And I do nominate and appoint my son John Mahar to be the sole executor of this my last will and testament. Dated at Saint John’s Newfoundland this eleventh day of February Anno Domini eighteen hundred and eighty four.    Catherine her X mark Mahar.     Signed published and declared by the said Catherine Mahar to be her last will and testament in the presence of us who in her presence at her request and in the presence of each other have hereunto subscribed our names. (having been first read over and explained to the said Catherine Mahar) Michael Power, Wilson B. Killigrew, Solicitor, John Mahar.

Certified correct,
D. M. Browning



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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