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A Collection of Newfoundland Wills
(M)
Michael Moore

 

Will of Michael Moore
from Newfoundland will books volume 1 pages 334 to 337 probate year 1840.

In re
     Michael Moore      deceased.

In the name of God Amen I Michael Moore of Saint John's in the Island of of Newfoundland Gentleman being now of sound mind memory and understanding although weak of body feeling the uncertainty of all things human make and declare this my last will and testament utterly annulling and revoking all and every wills and will by me heretofore made or declared, to wit, in manner and form following Imprimis I bequeath my soul unto Almighty God in confident hope of the mediation of our Lord and Saviour Jesus Christ through the merits of his glorious virgin mother,

Item, My body I consign unto the ground there to await a happy and glorious resurrection.

Item, It is my will that there be paid unto Benjamin Greer Garrett Esq High Sheriff, on the last day of December in the year of our Lord one thousand eight hundred and thirty nine the sum of seventy pounds currency, to the same person on the last day of December one thousand eight hundred and forty the sum of seventy pounds currency, to the same on the last day of December one thousand eight hundred and forty one the sum of seventy pounds currency and to the same person on the last day of June one thousand eight hundred and forty two the sum of thirty five pounds currency as per agreement executed between him and me.

Item, it is my will that the remaining sum of forty nine pounds currency of the profit rents arising from the tenements held from Mr. Wm. & Thos. Parker situated on Garrison Hill, that occupied by the Misses Bulger and also that by Mrs. Eden situated near the Theatre and the six tenements situated near Thos. William's Lime Kiln shall be yielded and paid unto my beloved wife Johanna Moore to be by her applied unto her own and our child Augusta Ellen Moore's maintenance for and during each of the three years last mentioned and the remaining sum arising from the said profit rents for the year one thousand eight hundred and forty two to be appropriated in like manner with the exception of five pound currency which shall be transmitted to my beloved mother Ellen Moore of Lismore in the County of Waterford Ireland should she be then living.

Item, it is my will that for and during the remainder and residue of my term of the above holdings one half of the profits shall be annually or half yearly as the same may be payable paid unto my beloved wife Johanna for her maintenance provided she shall live so long or remain unmarried but in case she shall die or get married before the term or terms of the said tenures shall expire then and in that case the said half shall be appropriated to the use and maintenance of my said beloved daughter Augusta Ellen.

Item, it is my will that the remaining half of the said profits shall be appropriated for the use and maintenance of my said beloved daughter Augusta Ellen for and during the term last mentioned.

Item, it is my will that in case my said beloved daughter Augusta Ellen shall die with lawful issue before the termination of the term of my said holdings that then should my said beloved mother be living all my said beloved daughter's rights shall devolve upon her and my beloved brother John Moore share and share alike but should my said beloved mother be dead then shall all my said beloved daughter's rights under this my will devolve upon my said brother John & his heirs And should my said beloved wife and daughter both die or my said beloved wife get married after my said beloved daughter's death then shall all the said profits of all my said holdings devolve upon my said beloved brother John.

Item, it is my will that the said tenements be not sold nor mortgaged during the entire of the said term in order the better to guard the right of all the several persons hereinbefore mentioned.

Item, it is my will that out of that portion of my said property payable to my said beloved wife there be paid in the year one thousand eight hundred and forty two the sum of five pounds currency and out of that portion received unto her each succeeding year the sum of five pounds currency unto my said beloved mother should she be then living but shall it please God to remove her from this world before the termination of the term aforesaid then shall one half of the said sums be paid unto the poor of Saint John's.

Item that the portion of my said property reserved unto the use of my said beloved daughter for the term aforesaid be made chargeable with a like sum of five pounds to be annually paid unto my said beloved mother subject to the like reservation to the use of the poor of Saint John's.

Item, it is my will and earnest request that Batt. Doyle, Esq., John Kent Esq. and John V. Nugent be and they are hereby appointed Executors of this my will.

Item, it is my will that the entire proceeds of the property hereinbefore bequeathed unto my said beloved daughter be placed in the savings Bank there to accumulate for her advantage that is to say the entire proceeds until she shall have reached the term of her tenth year and that during that period she be supported clothed and taught at the sole expense of my said beloved wife.

Item, it is particularly my will that in order to prevent unkind feeling and strife and to avoid the expenses of a Court of Justice, all and every provision of this my will shall be construed and interpreted by my said executors and all disputes regarding the terms of this my will shall by them only be expounded. Given under my hand this sixteenth day of May in the year one thousand eight hundred and thirty nine. Michael Moore.

Signed in presence os us (the words "held from" being written between the two last lines on the first page and the words "occupied" in the last line erased. John V. Nugent.    Edmond Shelly.
Item, I desire that this my will remain in the custody of John V. Nugent until a full month shall have elapsed after my death and then by him read in presence of my said wife executors and witnesses. Michael Moore.

In the name of God Amen. I Michael Moore having made and declared my last will and testament to be as hereinbefore recited do now make declare and publish this codicil annexed with the said will annulling and revoking that provision in my said will hereby in case of the death of my beloved daughter it is willed that her rights shall devolve upon my beloved brother John Moore And I now solemnly declare it is my will that in case of the death of my said beloved daughter without lawful issue all the rights or property that would or ought to belong to or devolve upon her shall be equally divided between the Catholic Bishop of this Island & the Benevolent Irish Society, that is to say to the Bishop for the Cathedral and to the Irish Society for the support of the poor. M. Moore.
Given at St. John's this 8th day of July 1838 before us Catherine Collins.   John V. Nugent.

Item it is my will that my executors shall from time to time according as it may to them seem necessary appoint a proper and discreet person to collect the rents and look to the general interests of the property bequeathed in my said will and also in this codicil to the said will annexed.
Item it is my will that from time to time that portion of my said property which is set apart for my said beloved daughter shall be transmitted to England there to be laid out at interest on the most advantageous terms and not to be drawn on any pretence whatever before the period specified in my said will or before her death. M. Moore.
Give at st. John's this eighth day of July in the year of our Lord one thousand eight eight hundred and thirty nine before us Catherine Collins.   John V. Nugent.

Certified Correct
D. M. Browning
Registrar

 

 

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 30, 2002)

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