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A Collection of Newfoundland Wills
(M)
Michael Morrissey

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 Michael Morrissey
from Newfoundland will books volume 1 pages 500 to 503 probate year 1847.
(This name is spelled Morrissey , Morisy and Morsy in this will.)

In re
     Michael Morrissey       deceased.

In the name of God Amen, I Michael Morrissey of the Town of Dungarvan In the County of Waterford Ireland but now of Saint John's Newfoundland being in perfect bodily health & of sound mind memory and understanding having made arrangements to proceed to the Seal Fishery & impressed with the great uncertainty of human life on shore but more particularly in the midst of the ice on the ocean before I sail on a voyage so hazardous make this my last will & testament hereby revoking all other wills formerly made by me & first I bequeath my soul to Almighty God praying mercy through the merits of our Divine Redeemer & his virgin Mother My body to the grave should burial on shore be practicable & if not to the bosom of the deep.

To the individuals following I bequeath the sum attached to their names, to wit,

  • To my beloved brother Thomas Morrissey of Dungarvon the sum of £54..17.4,
  • my beloved sister Margaret £42..13.6,
  • my beloved sister Winifred £24..7.9,
  • to the Parish Priest of Dungarvon, £6..1.10,
  • To the Presentation Convent Dungarvon £6..1.10,
  • To the Monks of Dungarvon £6..1.10,
  • To the Friars of Dungarvon £6..1.10,
  • To the Poor House of Dungarvon £6..1.10,
  • to the erection of the New Chapel of Dungarvon £5..0.0,
  • To the Ursuline Convent, Waterford, £6.1.10
  • To the Presentation Convent Waterford £6..1.10,
  • To the Right Reverend William Abraham, Bishop, for the Institution of the Sacred Heart of Jesus in the Grat Chapel of Waterford £5..0.0,
  • to the erection of the New Cathedral of Saint John's £5..0.0,
  • to the Right Rev. Dr. Fleming £6..1.10,
  • to the Right Rev. Dr. Fleming for Charities £6..1.10,
  • To the Rev. Edward Trey £3..1.10,
  • To the Rev. Thos. Waldron £3..1.0,
  • to Rev. James Murphy, £3..1.10,
  • to the Presentation Convent, Saint John's £6..1.10,
  • to the poor of Saint John's to be distributed by the Right Rev. Dr. Fleming £6..1..10,

which aforesaid sums amount to the sum of Two hundred & thirteen pounds one shilling and nine pence currency, in addition to which I also bequeath to Mr. John Valentine Nugent of Saint John's the sum of three pounds also of currency.

Item, To my gossip Mrs. John Power of Meeting House Hill but formerly of the County of Waterford I bequeath my feather bed.

Item, to my brother Thomas before mentioned the chest containing my clothes together with its contents the remainder of my clothes & other necessaries which I may carry to the Ice I bequeath to the Poor to be distributed by Dr. Fleming.

Item, my gun now in the possession of Patrick Brien, I having lent it him, I desire to have sold & the proceeds to be added to the residue of my property after the payment of the foregoing legacies.

Item, to Messrs. Alsop & Co. I bequeath the sum of one pound currency & also to Mr. Martin Murray formerly Publican of Abbey Side Dungarvon the sum of twelve shillings, also the sum of nine shillings to Mrs. John Lewis of Bride's Mouth, Black Water, County of Waterford (the two latter sums to be in sterling money) making together with the former sums & the sum of one pound to the Right Rev. Dr. Fleming & one pound to the Parish Priest of Dungarvon in addition to the sum before mentioned the sum of two hundred & twenty pounds two shillings and nine pence. And for the due and faithful execution of all & singular the provisions of this my last will I hereby constitute & appoint the Right Rev. Michael Anthony Fleming by the Grace of God Bishop of Carpasion and Vicar Apostolic of Newfoundland &c. and Mr. Thomas Curran of Water Street, Taylor, and Michael Kielley of Saint John's Fisherman the executors thereof.
And it is my will and desire that after the payment of the several legacies before mentioned and the defraying of the necessary expences of my funeral, should I be buried on shore, the remainder of my property shall be distributed amongst the Poor of Saint John's by the Right Rev. Dr. Fleming. And it is also my will and most earnest desire that the Right Rev. Dr. Fleming shall as soon as convenient after my death offer up a High Mass for the repose of my soul & also twenty Masses, that the Parish Priest of Dungarvon shall offer up for the repose of my soul twenty Masses, that the Friars of Dungarvon shall offer up twenty Masses for the repose of my soul, that the Rev. Edward Trey shall offer up ten Masses for the repose of my soul, that the Rev. Thos. Waldren shall offer up ten Masses for the repose of my soul, that the Rev. James Murphy shall offer up ten Masses for the repose of my soul, and also that the Right Rev. Dr. Fleming shall offer up four Masses for the repose of the soul of my beloved mother (Catherine Morrissey) and that the Parish Priest of Dungarvon shall say four masses for the repose of the soul of my beloved mother also. And in order to prevent any bad feeling among my said legatees and to avoid all temptation to litigation I further most earnestly desire and hereby will that no person whatsoever save and except the person before mentioned shall have a claim directly or indirectly to any portion of my said property and that all disputes or differences whatsoever shall be left entirely to the arrangement & arbitrament of my said executors & not on any account whatsoever to be brought into the Courts of Law. And in order to meet the legacies hereinbefore mentioned and to defray the same I leave to my said executors all my property to be so disposed as aforesaid, to wit, In Mr. John Brine's hands the sum of one hundred & fourteen pounds eight shillings & five pence half penny, in the hands of Messrs. Bland & Tobin the sum of ninety pounds, both sums being at interest at £5. per cent. And also a guarantee of Messrs. Bland & Tobin for the sum of thirty five pounds being the purchase of my share of the schooner Maria sold to my late partner John McLouglin being in all two hundred and thirty nine pounds eight shillings & five pence half penny of the currency of this country.

Signed by me this fourth day of March one thousand eight hundred and thirty six. There also remains in the hands of Mr. John Murphy of Saint John's, Splitter, the sum of eleven shillings and three pence due to me and two shillings and six pence due from Mr. Michael Hollahan & I owe no money to anyone. Michal Morisy.    John Nugent, Witness.

Having on the fourth day of March one thousand eight hundred and thirty six made & subscribed my last will and testament in presence of Mr. John Nugent it is now my will and desire that the following should be annexed thereto as a codicil.
In my former will I bequeathed my feather bed to my gossip Mrs. John Power of Meeting House Hill and as her child for whom I stood sponsor has since died it is now my will to revoke that bequest and to leave my said feather bed together with my chest of clothes as before mentioned to my beloved brother Thomas. The gun mentioned in my former will is now in my possession and I am about to take it to the Ice. The words "the sum of ten shillings" are interlined in my said will in the second page towards the bottom.
Given under my hand this first day of March one thousand eight hundred and thirty seven first adding the following statement of my property, In the hands of Messrs. Bland & Tobin of Saint John's £125..0..0, in the hands of Mr. John Brine of Saint John's Merchant £120..2..10 ½ . (£245..2..10 ½) Michal Morsy.
Signed in presence of John V. Nugent. 1st March 1837.

Whereas on the fourth day of March in the year of our Lord one thousand eight hundred and thirty six I did make and subscribe a certain instrument denominated my last will and testament in presence of John Valentine Nugent Esquire and on the first day of March in the year of our Lord one thousand eight hundred and thirty seven I did make and subscribe another Instrument denominated a codicil and the same I hereby declare my last will and testament to be that after my decease all and singular the disposition of my property prescribed in the said Instruments shall be made and the Right Rev. Dr. Fleming shall and he is hereby constuted and appointed with Thomas Curren, Taylor and Michael Kielly, Fisherman, to execute the same.
But as I have since the execution of the former Instrument learned of the death of my beloved sister Winifred and that her children are now settled comfortably it is my will that the sum bequeathed to her on the fourth day of March 1836 should be added to the sum bequeathed at the same time to my beloved sister Margarett. It is my will therefore that that part of my said will of 1836 should be and it is hereby cancelled and the said sum of twenty four seven shillings and nine pence shall be paid to my beloved sister Margaret,
And further as the Rev. James Murphy is not now in the Curacy of Saint John's it is my will that the bequest made to him shall be and it is hereby cancelled and the said sum of three pounds one shilling it is my will that it should be paid to the Reverend John Forristal but it is also my will that although the Reverend Edward Trey has also left this Curacy the bequest to him should be paid as provided on the said fourth day of March 1836.
It is also my will that the sum mentioned in the second page of my said will to Mr. Alsop should be sixteen shillings that item should also be cancelled and only the sum of sixteen shillings shall accordingly be paid to Mr. Alsop The sum mentioned in the interlineation in the subsequent item is "twelve shillings" instead of "ten" as mentioned in the said codicil. My property having since changed hands it is now as follow, One half the schooner Maria of which John McLaughlan owns the other half, the sum of One hundred and twenty in the hand of Mr. James Brine as per recpt now in the possession of Mr. Nugent. The sum of eighty two pounds in the hands of Mr. Kent the former sum at six per cent interest and the latter at fiver per cent, the latter receipt is also in the possession of Mr. Nugent.
Given under my hand at Saint John's Newfoundland this twenty third day of February one thousand eight hundred and forty. Michal Morisy.   In presence of John V. Nugent,    John Nugent,

Certified correct
D.M. Browning
Registrar


Will of Michael Morrissey from Newfoundland will book labeled, "REGISTRY OF WILLS 1846," pages 31 to 43 probate year 1847.

In the name of God Amen, I Michael Morrissey of the Town of Dungaroon In the County of Waterford Ireland but now of Saint Johns Newfoundland being in perfect bodily health and of sound mind memory and understanding having made arrangements to proceed to the Seal Fishery and impressed with the great uncertainty of human life on shore but more particularly in the midst of the ice on the ocean, before I sail on a voyage so hazardous make this my last will and testament hereby revoking all other Wills formerly made by me and first I bequeath my soul to Almighty God praying mercy through the merits of our Divine Redeemer and his virgin Mother - My body to the grave should burial on shore be practicable and if not to the bosom of the deep.

Item.   To the individuals following I bequeath the sums attached to their names, to wit
To my beloved brother Thomas Morrissey of Dungaroon the sum of £54..17..4,
My beloved sister Margaret £42..13..6,
My beloved sister Winifred £24..7..9,
To the Parish Priest of Dungaroon, £6..1..10,
To the Monks of Dungaroon £6..1.10,
To the Presentation Convent Dungaroon £6..1.10,
To the Friars of Dungaroon £6..1.10,
To the Poor House of Dungarvon £6..1.10,
To the erection of the New Chapel of Dungaroon £5..0.0,
To the Ursuline Convent, Waterford, £6.1.10
To the Presentation Convent Waterford £6..1.10,
To the Right Reverend William Abraham, Bishop, for the Institution of the Sacred Heart of Jesus in the Great Chapel of Waterford £5..0.0,
To the erection of the New Cathedral of Saint John's £5..0.0,
To the Right Revd. Dr. Fleming £6..1.10,
To the Right Revd. Dr. Fleming for Charities £6..1.10,
To the Revd. Edward Trey £3..1.10,
To the Rev. Thos. Waldron £3..1.0,
To Revd. James Murphy, £3..1.10,
To the Presentation Convent, Saint John's £6..1.10,
To the poor of Saint John's to be distributed by the Right Revd. Dr. Fleming £6..1..10,
Which aforesaid sums amount to the sum of Two hundred and thirteen pounds one shilling and nine pence currency, in addition to which I also bequeath to Mr. John Valentine Nugent of Saint Johns the sum of three pounds also of currency.

Item,    To my gossip Mrs. John Power of Meeting House Hill but formerly of the County of Waterford I bequeath my feather bed.

Item,    to my brother Thomas before mentioned the chest containing my clothes together with its contents the remainder of my clothes and other necessaries which I may carry to the Sea I bequeath to the Poor to be distributed by Dr. Fleming.

Item,    my gun now in the possession of Patrick Brien, I having lent it him, I desire to have sold & the proceeds to be added to the residue of my property after the payment of the foregoing legacies.

Item,    to Messrs. Alsop and Co. I bequeath the sum of one pound currency and also to Mr. Martin Murray former of Abbey Side Dungaroon the sum of twelve shillings, also the sum of nine shillings to Mrs. John Lewis of Brides Mouth, Black Water, County of Waterford (the two latter sums to be in sterling money) making together with the former sums and the sum of one pound to the Right Revd. Dr. Fleming and one pound to the Parish Priest of Dungaroon in addition to the sums before mentioned - the sum of two hundred and twenty pounds two shillings and nine pence ~
And for the due and faithful execution of all and singular the provisions of this my last Will I hereby constitute and appoint the Right Revd. Michael Anthony Fleming by the Grace of God, Bishop of Carhasien and Vicar Apostolic of Newfoundland &c. and Mr. Thomas Curran of Waterstreet, Taylor, and Michael Keilley Fisherman of Saint Johns Fisherman the Executors thereof ~
And it is my Will and Desire that after the payment of the several legacies before mentioned and the defraying of the necessary expenses of my funeral, should I be buried on shore, the remainder of my property shall be distributed amongst the Poor of Saint Johns by the Right Revd. Dr. Fleming ~ And it is also my will and most earnest desire that the Right Revd. Dr. Fleming shall as soon as convenient after my death offer up a High Mass for the repose of my soul and also twenty Masses, that the Parish Priest of Dungaroon shall offer up for the repose of my soul twenty Masses - that the Friars of Dungaroon shall offer up twenty Masses for the repose of my soul - that the Revd. Edward Troy shall offer up ten Masses for the repose of my soul - that the Revd. Thos. Waldron shall offer up ten Masses for the repose of my soul - that the Revd. James Murphy shall offer up ten Masses for the repose of my soul - And also that the Right Rev. Dr. Fleming shall offer up four Masses for the repose of the soul of my beloved mother (Catherine Morrissey) and that the Parish Priest of Dungaroon shall say four masses for the repose of the soul of my beloved mother also ~
And in order to prevent any bad feeling among my said Legatees and to avoid all temptation to litigation I further most earnestly desire and hereby will that no person whatsoever save and except the persons before mentioned shall have a claim directly or indirectly to any portion of my said property ~ And that all disputes or differences whatsoever shall be left entirely to the arrangement and arbitrement of my said executors and not in any account whatsoever to be brought into the Courts of Law -
And in order to meet the legacies hereinbefore mentioned and to defray the same I leave to my said Executors all my property to be so disposed as aforesaid - to wit, In Mr. John Brine's hands the sum of one hundred and fourteen pounds eight shillings and five pence half penny ~ In the hands of Messrs. Bland & Tobin the sum of ninety pounds, both sums being at interest at £5. per cent. And also a guarantee of Messrs. Bland & Tobin for the sum of thirty five pounds being the purchase of my share of the schooner Maria sold to my late partner John McLouglin being in all two hundred and thirty nine pounds eight shillings and five pence half penny of the currency of this country ~

Signed by me this fourth day of March one thousand eight hundred and thirty six. There also remains in the hands of Mr. John Murphy of Saint Johns, Splitter, the sum of eleven shillings and three pence due to me. And two shillings and sixpence due from Mr. Michael Hollahan and I owe no money to anyone ~ Michael Morrissey ~   John Nugent, Witness -

Having on the fourth day of March one thousand eight hundred and thirty six made and subscribed my last will and testament in presence of Mr. John Nugent it is now my will and desire that the following should be annexed thereto as a codicil.
In my former will I bequeathed my feather bed to my gossip Mrs. John Power of Meeting House Hill and as her child for whom I stood sponsor has since died it is now my will to revoke that bequest and to leave my said feather bed together with my chest of clothes as before mentioned to my beloved brother Thomas. The gun mentioned in my former will is now in my possession and I am about to take it to the ice - The words "the sum of ten shillings" are interlined in my said Will in the second page towards the bottom.
Given under my hand this first day of March one thousand eight hundred and thirty seven first adding the following statement of my property ~ In the hands of Messrs. Bland and Tobin of Saint Johns £125..0..0, In the hands of Mr. John Brine of Saint John's Merchant £120..2..10 ½. ~ Michael Morrissey.
Signed in presence of John V. Nugent. 1st March 1837.

Whereas on the fourth day of March in the year of our Lord one thousand eight hundred and thirty six I did make and subscribe a certain instrument denominated my last Will and Testament in presence of John Valentine Nugent Esquire and on the first day of March in the year of our Lord one thousand eight hundred and thirty seven I did make and subscribe another Instrument denominated Codicil unto the same I hereby declare my last Will and Testament to be, that after my decease all and singular the disposition of my property prescribed in the said Instruments shall be made and the Right Revd. Dr. Fleming shall and he is hereby constituted and appointed with Thomas Curren Taylor and Michael Keilly Fisherman, to execute the same -
But as I have _________(obliterated) execution of the former Instrument ________ (obliterated) of the death of my beloved sister Winifred and that her children are now settled comfortably it is my Will that the sum bequeathed to her on the fourth day of March 1836 should be added to the sum bequeathed at the same time to my beloved sister Margarett ~ It is my Will therefore that that part of my said will of 1836 should be and it is hereby cancelled and the said sum of Twenty Four Seven Shillings and nine pence shall be paid to my beloved sister Margaret.
And further as the Revd. James Murphy is not now in the Curacy of Saint Johns it is my Will that the bequest made to him shall be and it is hereby cancelled, and the said sum of three pounds one shilling it is my will that it should be paid to the Revd John Forrestal but it is also my will that although the Reverend Edward Troy has also left this Curacy the bequest to him should be paid as provided on the said fourth day of March 1836.
It is also my will that as the sum mentioned in the second page of my said Will to Mr. Alsop should be only sixteen shillings that Item should also be cancelled and only the sum of sixteen shillings shall accordingly be paid to Mr. Alsop ~ The sum mentioned in the interlineation in the subsequent Item is "Twelve shillings" instead of "Ten" as mentioned in the said codicil.
My property having since changed hands it is now as follows, The half of the Schooner Maria of which my daughter owns the other half ~ The sum of One hundred and twenty in the hands of Mr. James Brine as per receipt, now in the possession of Mr. Nugent ~ The sum of eighty two pounds in the hands of Mr. Kent the former sum at six per cent interest and the latter at five per cent - The latter receipt is also in the possession of Mr. Nugent.
Given under my hand at Saint Johns Newfoundland this twenty third day of February one thousand eight hundred and forty. Michael Morrissey.
In presence of John V. Nugent     John Nugent,

In the Supreme Court A.D. 1847.
In the matter of the estate of Michael Morrissey deceased. Saint Johns, to wit.
John Valentine Nugent of Saint Johns in Newfoundland Esquire, maketh oath and saith that he was present and did see Michael Morrisey late of St. Johns deceased, subscribe his name to the annexed Will marked A: and did also see John Nugent now of Halifax Roman Catholic Clergyman whose name is subscribed as a witness to the execution of the said Will, attest the same in the presence of the said Michael Morrissey: that the names and handwriting of the said Michael Morrissey and John Nugent thereto subscribed over the proper names and handwriting of the said Michael Morrissey and John Nugent respectively that the said Michael Morrissey did on the fourth day of March one thousand eight hundred and thirty six publish and declare the same to be his last Will and Testament in the presence of deponent and the said John Nugent, being at the same time of sound mind memory and understanding as deponent verily believes. And this deponent further saith that the Codicle marked B also hereto annexed was signed and declared by the said Michael Morrissey on the first day of March one thousand eight hundred and thirty seven in the presence of deponent as and for a Codicil to be annexed to the said Will: That the names Michael Morrissey and John V. Nugent subscribed thereto are the proper names and handwriting of the said Michael Morrissey and this deponent and that it was witnessed by deponent in the presence of the said Michael Morrissey. And this deponent further saith that on the twenty third day of February one thousand eight hundred and forty he was present and did see the said Michael Morrissey sign, publish and declare the annexed Will and Confirmation (of the forementioned Will and Codicil) marked C, that the names Michael Morrissey, John V. Nugent and John Nugent subscribed thereto are the proper names and handwriting of the said Michael Morrissey, John Nugent and this deponent respectively. That at the time of executing said will and confirmation the said Michael Morrissey, was of sound mind and understanding as deponent verily believes and that it was witnessed by deponent in presence of the said Testator. John V. Nugent ~

Sworn to at Saint Johns the sixth day of March A.D. 1847 before me Rob. R.W. Lilly Commissioner of Affidavits. ~

 

 

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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