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A Collection of Newfoundland Wills
(M)
Michael Mullaly

 

Will of Michael Mullaly
From Newfoundland will books vol. 7 page 342 probate year 1904

The last Will of Michael Mullaly
late of St. John's. Cooper. deceased.

In the name of God Amen. I Michael Mullaly of St. John's, Cooper do make publish and declare this as and for my last will and testament. First, I will and direct that all my (?fish) debt funeral and testamentary expenses be paid by my executor hereinafter named as soon as possible after my decease. Secondly, I give devise and bequeath all my land houses. goods, chattels, estate and effects of every nature and kind whatsoever and whereever situate unto my beloved wife Bridget Mullaly for and during the term of her natural life. Thirdly, After the death of my wife I give devise and bequeath all my lands houses goods chattels estate and effects to my son John Mullaly absolutely for his own sole use and benefit subject however to the bequests hereinafter mentioned. Fourthly, Should my son William Mullaly at present residing in Omaha in the United States of America, return to St. John's to live and make it his home then after the death of my wife as aforesaid I give devise and bequeath to him my said son William, the easternmost house with appurtenances on my property situate on Bond Street in St. John's aforesaid the (?) event of my said son William not so returning to live in St. John's the said house with appurtenances shall be and remain the property of my son John as here in before provided. Fifthly, in the event of my said son John not surviving me and my wife and not leaving any issue so surviving I give devise and bequeath all my said lands houses goods chattels estate and effects to my son William aforesaid for his own sole use and benefit subject however to the payment of one half of the annual in our rents and profits arising or devised therefrom to the widow of my said son John during her natural life but in the event of her remarrying again the payment of such half and every part of said income rent and profits shall cease and determine and be no longer payable to her. Sixthly, I will and direct that after the death of my wife as aforesaid the sum of one hundred and fifty dollars ($150.00) shall be deposited in the Newfoundland Savings Bank o other Bank to be approved by my executors & be used by them for the purpose of defraying the funeral expenses and procuring a headstone for the grave of my daughter Mary. I do further direct that in case the said sum or any part thereof shall not be used or required for the purpose of defraying said expenses or procurring the said headstone that then the said sum or any balance thereof so remaining over shall be paid to and become the property of my son John. Seventhly, I do hereby nominate and appoint my said son John Mullaly and my friend James D. Ryan Esq. of St. John's Merchant to be the executors of this my will and lastly I do hereby revoke annul and declare void all former or other wills made by me. Michl. Mullaly. Signed by the said testator as and for his last will and testament in the presence of us, present at the same time, who, at his request in his presence and in the presence of each other have subscribed our names as witnesses this 16 day of December A.D. 1899. James M. Kent.   Patrick J. Kent.

I certify the foregoing to be a correct copy of the last will of Michael Mullally deceased.
D.M. Browning
Registrar

(Listed in the margin)
Fiat
Jan 30. 04
Honor.C.J.
Letters of Probate
granted on the 30
Jan 04 to James D. Ryan
&
John Mullaly
Executos
Est. sworn at
$5800.00

 

 

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 Joanne Connors Parandjuk

Page Revised by Ivy F. Benoit (March 26, 2003)

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