Will of John J. Mullaly
from Newfoundland will books volume 12 pages 492-493
probate year 1923
JOHN J. MULLALY. DECEASED.
This is the last Will and Testament of me, John J. Mullaly of St.
John’s in the Island of Newfoundland, Master Cooper.
I hereby revoke all former or other wills made by me and
appoint Edward Leo Carter of St. John’s, Barrister,
and my wife Sarah to
be jointly Executor and Executrix of this my last Will and Testament.
I hereby give devise and bequeath all my personal property
and effects including household furniture, monies, investments securities,
cooperage stock and other personalty of whatsoever kind after payment therefrom
of my funeral and testamentary expenses to my wife Sarah for her sole use
I give and bequeath to my said Executor and Executrix
the freehold property as No. 136 Bond Street IN TRUST for my said
wife for her life if she shall so long remain my widow and upon her death
or remarriage IN TRUST to sell the same and pay the proceeds of such sale,
one half to the Belvidere Orphanage, St. Michael’s Convent, and from
the other half to pay the sums of Two hundred dollars each to the Rev.
Dr. Carter The Rev. D. O’Callaghan and The
Rev. Fr. Pippy, Roman Catholic Priests
of the Arch Diocese of St. John’s to be used for Masses in
their discretion for the souls of my father, Michael Mullaly my mother Bridget
Mullaly, my brother
William, my deceased wife Tryphena, my wife Sarah and myself. The balance of
the proceeds of such sale shall go into and form part of the residue of my estate.
- I give and bequeath all other lands and houses or other
real property whereof I may die possessed to my said Executor and Executrix
IN TRUST for the use and benefit of my wife for her life if she shall so
long remain my widow and upon her death or remarriage IN TRUST to sell the
same and pay the proceeds as follows:
- To my sister Mary, wife of Anderson
St. John’s the sum of Five hundred dollars.
Mrs. Jane Duffy, wife of Andrew Duffy of St. John’s the sum of One thousand
- To Mrs. Elizabeth MacMullen, wife of Daniel
MacMullen of Halifax, Nova Scotia the sum of Five hundred dollars
Provided that if either of the legatees named in the preceding sub clauses
should die before my wife then the bequest to such legatee shall lapse
and the amount bequeathed shall be and form part of the residue of my estate.
- The residue of the proceeds of such sale and of my estate to
be divided equally among my nephews and nieces, William P. Catherine,
Joseph, Mildred Zita and Theresa, all at present of Omaha, Nebraska U.S.A. children
of my late brother William Mullaly or such of them as shall then be living.
- My said Executors shall so far as any funds in their hands
will reasonably permit, and in default of such funds my said wife shall
so far as her means will reasonably permit keep and maintain the house
wherein my said wife has a life interest hereunder, in good repair (ordinary
wear and tear alone excepted in order to protect the interests of the reversioners
so far as reasonably may be, but not so as to deprive my said wife of means
necessary for her maintenance and support.
Dated this 2nd day of February A.D. 1923. J.J.
Signed by the said Testator as and for his last Will and Testament in
the presence of us, both present at the same time, who at his request in
his presence and in the presence of each other have hereto subscribed our names
as witnesses. The name Mildred having been first inserted
in the 18th line of the 2nd page hereof.
F.W. Knight. E.L. Carter. Solicitor.
William F. Lloyd
Registrar of the Supreme Court of Newfoundland
(Listed in the margin next to this will the following)
Fiat Dec 18/23
to Edward L.