|
Will of Elizabeth Maher
from Newfoundland will books volume 7 pages 10-12
probate year 1900
Last Will and Testament of
Elizabeth Maher of St. John's
Widow deceased.
In the name of God Amen. I Elizabeth
Maher of St. John's widow of John Maher, being
of sound and disposing mind memory and understanding do make this my last
will and testament.
First I hereby revoke and cancel all former wills and
testaments whatsoever at any time made or executed by me and I give to my
executors hereinafter named all my property of whatsoever kind whatsoever
upon trust to first pay all my lawful debts and funeral and testamentary
expenses.
Secondly to carry on
my business of a private boarding house keeper at the Cochrane House in St.
John's and to pay out of the proceeds thereof the interest and principal due
under mortgage from me to Hector McNeil Esq. I also desire that should the
business so carried on be successful enough to, in the absolute discretion
of my said executors, afford to pay out of the earnings thereof within six
years from the date of my decease, the sum of eight hundred dollars due by
my late husband John Maher to Thomas Shortall (it being distinctly understood
that no liability for the said amount is hereby acknowledged by me and my said
executors are sole judges of the advisability of such payment) my said executors
are hereby empowered to exercise such discretion and pay the said amount if
they think fit. I wish and desire that the said business be carried on by the
said executors for the period of six years or until the said mortgage to Hector
McNeil Esq. be paid off whichever term be the longer unless the said business
prove to the satisfaction of the said executors to be a nonpaying business
in which case they shall have full power to realize my said business and property
and after paying all charges on same divide the balance equally between my
grandniece Mary Forward and six sons Edward, John,
Frank, William, Thomas and
Alfred Maher. It is my will that my said grandniece Mary
Forward have the management
of the carrying on of my said business as regards the domestic management thereof
and that the same be carried on as aforesaid for the joint benefit of my said
grandniece Mary Forward and my five sons Edward, John,
Frank, Thomas and Alfred subject to the said mortgages of Hector
McNeil Esq.
And I further
will that upon the payment of principal and interest to the said Hector
McNeil or the expiration of six years from my decease the said property be realized
and divided equally between my said grandniece Mary Forward and my said six
sons Edward, John, Frank William, Thomas and Alfred
Maher share and share alike
and I hereby nominate constitute and appoint John V. O'Dea Esquire of this
city Commission Merchant and my son Alfred Maher as executors
of this my last will and testament.
Dated at St. John's this 10th day of May
A.D. 1900. (Sgd) Elizabeth Maher. Signed published and declared as and for
her last will and Testament in the presence of us who in her presence and at
her request and in the presence of each other have hereunto subscribed their
names as witnesses. (Sgd) J. V. O'Dea (sgd) William
R. Howley.
Codicil
I Elizabeth Maher the testatrix named in the foregoing will
do make publish and declare this as and for a codicil to my said will. First
I will and direct that so long as my said sons Edward, John, Frank,
William and Thomas remain
unmarried they shall have a home with the rest of my family in my house mentioned
in my said will but in case any or either of my said sons shall marry then
it is my will and desire and I so direct that the son or sons so marrying shall
provide a home for him or themselves and that he or they shall not be entitled
to reside or make a home of my said house. I further will and direct that my
said sons Edward John, Frank, William, and Thomas in
all matters connected with my estate and the management of my business shall
be subject to the control and direction of my son the Rev. Alfred Maher.
Lastly I hereby confirm and ratify my said will in all particulars. Dated at
St. John's this 12th day of July A.D. 1900 (sgd) Elizabeth
Maher. Signed published
and declared by the said testatrix as and for a codicil to her last will and
Testament in our presence who in her presence and in the presence of each other
and at her request have hereto set and subscribed our hands as witnesses. (Sgd)
James M. Kent (sgd) J. V. O'Dea.
I certify the foregoing to be a correct
copy of the last will and Testament and Codicil of Elizabeth Maher deceased
D. M. Browning
Registrar
(Listed in the margin next to this will the following)
Fiat
Jos. I. Little
C. J.
Probate
granted on the
25th day of August
1900 to Revd
Alfred Maher
John V. O'Dea
value of
Estate $3,000.00
| |