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A Collection of Newfoundland Wills
(M)
Laurence Murphy

 

Will of Laurence Murphy
from Newfoundland will books volume 1 pages 182 to 184 probate year 1834

In re
     Laurence Murphy       deceased.

In the name of God Amen. I Laurence Murphy of St. John's in the Island of Newfoundland Blacksmith being in perfect health but of sound mind and memory but considering the uncertainty of this transitory life do make this my last will and testament to be in full force and virtue after my decease in the manner following, First I bequeath my soul into the hands of the Almighty God who gave it and next my body to the earth to be Interred in a decent and Christian like manner and all my just and lawfull debts to be paid. I do also give and bequeath to my beloved wife Anne Murphy during her widowhood for me that she is to occupy and make use of my house as hitherto during my lifetime And whatever money may be in my house after my decease and interment together with all the monies may be due me the management of the collection of which I give into the hands of my executors and authorise them to receive and lodge in a solvent merchant's hands and out of the said amount to pay my beloved wife Anne Murphy the full one third thereof for her use and benefit in yearly payments of twenty five pounds currency p. year as long as the amount will last, And all my household furniture beds bedding &c. are to remain in my house as hitherto. And I hereby leave it incumbent on my beloved wife Anne Murphy that she shall cloth school and maintain my two beloved sons Thomas and John Murphy until they are of sufficient age to be bound apprentices to trades, and then it may be lawfull for my executors or their heirs to draw from the merchant the above mentioned money may be lodged with as much thereof as may be necessary to buy them outfits &c. But in case of the aforesaid Anne Murphy should think well of getting married then she is to have no claim whatever on my property house or anything else of mine excepting the balance due her from my executors out of her one third they money they may deposit in the merchant's hands. I do also give and bequeath to my beloved son Thomas Murphy and heirs all my right title and interest in the fee simple property I now hold and occupy which is my just and lawfull right and in my name comprehending a dwelling house, outhouses, gardens &c., and all appurtenances thereunto belonging for ever together with all my stock and trade, and in case of his death without heirs I hereby give and bequeath the said property to my beloved son John Murphy and heirs as aforesaid,
And I also will authorise and appoint that the two thirds the money that may be lodged in the merchant's hands shall be placed at interest by my executors and I also authorise them that the said stock and trade within mentioned and willed to my beloved son Thomas Murphy that they do sell same to the best advantage and with all the rents may be arising out of the said premises yearly shall be placed at interest also for the sole use and benefit of my beloved son Thomas Murphy untill he arrives at the age of twenty one years, I do also give and bequeath to my beloved son John Murphy and heirs for ever the sum of twenty five pounds currency of this Island at the time of payment each and every year which I hereby authorise him to receive from my beloved son Thomas Murphy and heirs after he arrives at the age of twenty one years out of the income of the said property willed to him, and which he shall cause to be faithfully paid to my beloved son John Murphy and heirs, and in case my son John Murphy should die without heirs then this yearly annuity to devolve on my beloved son Thomas Murphy and heirs and providing both my sons Thomas and John Murphy should die without heirs I do hereby will and bequeath the said property to the eldest son and his heirs of my beloved brother Patrick Murphy of Boley Parish Tintern and County of Wexford, Ireland, for ever as aforesaid.
And I do also will authorise and appoint the two thirds of the money that may be at interest in the merchant's hands itself and the interest thereof after my two sons Thomas and John Murphy shall attain the age of twenty one years then the said executors administrators and assigns shall pay or cause to be paid the said sum equally say the one half into each of their hands, But in case both my sons shall die before they arrive at the age of twenty one years then the said monies and interest thereof I authorise my executors to draw from where it may be deposited and paid equally alike between my three beloved sisters Elizabeth Byrne and Anne Redmond of Boley Co. Wexford, Ireland and Catherine Scanlan of St. John's, Newfdland, But should my three sisters not be living and sons not live to attain their twenty one years, then I do give and bequeath the said money to my beloved brother Patrick Murphy's eldest son, Also and I do make this my will, wish and pleasure and wish it to be published and understood that they said property is to fall to the right and lawfull heirs in regular succession, and never to be mortgaged or sold, And I hereby nominate and appoint ________________ to be my executors of this my last will and testament to have it executed according to the full intention thereof.
In witness whereof I have hereunto set my hand and seal at St. John's Newfoundland this twenty second day of March in the year of our Lord one thousand eight hundred and thirty four. Laurence Murphy.
Signed sealed and delivered by the said testator as his last will and testament and in the presence of us witnesses and in the presence of the testator and of each other. John Scanlan   Patrick Kielly.     James Hackett.

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 (February 18, 2003)

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