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Will of James Murphy
In the name of God Amen. I James Murphy of the Old Petty Harbor Road being weak in body but of sound mind memory and understanding do hereby make the following as and for my last will and testament-
First- I give and bequeath and devise unto Peter Murphy my eldest son all that farm situate on the Old Petty Harbour Road immediately in front of the premises now occupied by me and containing in all about eight acres together with the dwelling house thereon.
Second. To my son James Murphy I give and bequeath all that farm now in his possession situate between the old and new Bay Bulls Roads about five miles from St. John’s and containing in all about twenty acres.
Thirdly- to my son Patrick Murphy I will and bequeath and demise that field now in his possession fronting on the Bay Bulls Road and containing four acres more or less adjoining land owned by John Reilly and Thomas Walsh also a dwelling house situate in River Head together with the land adjoining upon which he has built another dwelling house.
Fourthly. To my son John Murphy I will bequeath and demise land sufficient to build a dwelling house upon in River Head He is to have twenty feet of a frontage immediately west of a forge owned by Joseph Mullowney at River Head aforesaid and to be at liberty to run back to the northern boundary of said plot owned by me I also will bequeath and demise unto my said son John Murphy all that piece and parcel of land situated on the old Coot’s Marsh Road and known as Maley’s Field purchased by me from John Wills of St. John’s Plumber. To my daughter Anne Murphy, married to Michael Brennan I will and bequeath the sum of twenty pounds currency.
To my beloved wife Catherine Murphy I will and bequeath and demise all the rest residue and remainder of my property consisting of the farm dwelling house and premises now occupied by me together with all the outhouses and erections thereon the stock cows horses and all and every article and appurtenance whatsoever to the said farm belonging also a field situate on the old Coots Marsh Road containing about four acres adjoining land owned by Mrs. Kelly and Richard Connell also all that piece and parcel of land situate on the Petty Harbor Ridge and bounded as follows on the east by property of Gregory Griffin on the west by unoccupied land on the north by a line of Road and on the south by waste land containing in the whole about nineteen acres more or less I also bequeath and demise unto my said wife the residue and remainder of the land situate at Riverhead after the shares hereof willed and demised unto Patrick Murphy and John Murphy be taken thereout. I further will and bequeath unto my said wife all the monies owned by me and now deposited in the Savings Bank and Commercial Bank of Newfoundland with all the rest & residue of my property of whatsoever kind. Provided that out of the monies so bequeathed by me unto my said wife the sum of twenty pounds to be divided in equal parts and given to the Revd John Scott and the Revd John Ryan priests resident at Riverhead or in case of their removal therefrom or their death then to their successors for the purpose of having Masses said for my soul and that of my wife Catherine Murphy. Out of said monies in said Banks I also will and direct that a sum of three pounds be set apart for the purpose of erecting a headstone over the grave of my first wife buried in Petty Harbor. I hereby constitute and appoint John Fennelly of Waterford Bridge as the executor of this my last will and testament. James his X mark Murphy. In witness whereof the said testator published and declared the foregoing as and for his last will and testament by affixing his mark thereto in our presence the said will having first been read over to him & explained in our presence who before him and in view of one another hereto subscribe our names as witnesses this 19th day of Novr. 1874. Michael Treacy, Richard Kelly.
Note: The wills in those will books are NOT actual wills. They are either hand-written copies or in later years typed copies of a, "last will and testament," written or typed 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 and also no paragraphs. 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. However, in some of the very long wills, we have tried to insert paragraphs to make it easier for the researcher to read the document.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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