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A Collection of Newfoundland Wills
(M)
Patrick Murphy

 

Will of Patrick Murphy
from Newfoundland will books vol 11 pages 405 & 406 probate year 1919

In re Patrick Murphy       deceased

This is the last will of me Patrick Murphy of St. John's Newfoundland retired Road Inspector and I revoke all former wills by me made. I appoint my nephew James Murphy son of late Michael Murphy executor of this my will

  1. I devise and bequeath my land situated on the North side of Water St West in St. John's aforesaid bounded on the west by land now or heretofore of one Mealey on the North now or heretofore by land of one Knight and on the East by land of P Murphy Jr. as follows: To my daughter Anastatia Barter the Western half with the erections on said half and To my daughter Mary Hayes the Eastern half with the erections thereon, that is to say the said land shall be halved by a dividing line running from the Southern boundary to the Northern boundary equally distant from the Eastern and Western boundaries But it is to be understood
    [A] that all the dwelling house which I formerly occupied and which extends over the arched passageway is to be my daughters Anastatia Barters even though such extension may be to the Eastward of said dividing line,
    [B] that the land now used as a right of way from Water St West aforesaid through said dwelling to rear of the dwellings on said land shall be used as heretofore as a passageway in common for the owners and occupiers of the said Western and Eastern halves of said land until the said legatees or their respective executors administrators or assigns shall agree to discontinue or vary the same; and
    [C] that the barn now upon the said land partly on the said Western half and partly on said Eastern half shall be owned as follows, namely, that which stands on the said Western half to be owned by said Anastatia Barter and that which stands on the said Eastern half to be owned by said Mary Hayes and if a dividing wooden partition wall within the said barn be desired by either of the said legatees it shall be done by and at the cost of my estate.
  2. I devise and bequeath my property at or adjoining Plank Road in St. John's aforesaid to my daughter Agnes Brownrigg
  3. I devise and bequeath my property at or adjoining Hamilton Street in St. John's aforesaid to my daughter Margaret Hanley.
  4. I devise and bequeath my land and erections where I now reside at or adjoining Topsail Road in St. John's aforesaid to my two daughters Elizabeth Evans and Ellen Maddigan in equal shares as tenants in common.
  5. I bequeath to my granddaughter Ellen Murphy sometimes known as "Nell Aylward" the sum of two hundred dollars [$200]
  6. I bequeath to my grandson Patrick Barter my shares in the Bennett Brewing Co. Ltd. but if these shares are disposed of in my life time or the said company ceases to do business he is to be given in lieu thereof the sum of four hundred dollars [$400.00]
  7. I bequeath to my grandson Patrick Hanley the sum of two thousand dollars [$2000.00]
  8. To the resident Priests in St. Patrick's Parish St. John's aforesaid, at my death I give the sum of sixty dollars [$60.00] to be divided equally between them to offer Masses for the repose of the souls of myself my wives and my children deceased
  9. The residue of my estate I bequeath in equal shares to my said daughters Anastatia Barter Agnes Brownrigg Mary Hayes Margaret Hanley Elizabeth Evans and Ellen Maddigan
  10. If anyone or more of my said daughters predecease me leaving child or children living at my death such child or children shall take the mothers share [including that in the residue] - If one such child it shall take all the mothers share but if more than one then such children shall take the mothers share in equal shares as tenants in common
  11. Should any one or more of my said daughters predecease me leaving no child living at my death the bequests herein made to such daughter or daughters shall go to my surviving daughters and the children living at my death [if any] of my deceased daughter or daughters and be divided among them so that one equal share of such bequests shall go to each of my surviving daughters and a like equal share to the child or children living at my death and for the purpose of distribution accordingly bequests of land or property herein made to daughters who shall predecease one shall if my executor desire be sold and converted into money.

In witness whereof I have set my hand to this my will at St. John's aforesaid this 2nd day of October 1919 the word "Patrick" being struck out on 2nd page. Patrick Murphy. Signed by the testator Patrick Murphy as and for his last will in the presence of us who in his presence and in the presence of each other have hereunto subscribed our names as witnesses. Jas J. McGrath. T. Scanlon McGrath.

Correct William F. Lloyd
Registrar of the Supreme Court of Newfoundland.

(Listed in the margin next to this will the following)
Fiat Dec 16/19
Kent J..
Probate granted
to James Murphy
Dec 31/19.
Estate sworn
at $31,154.30

 

 

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, Alana Bennett, Wendy Weller and Eric Weller

Revised: October 29, 2001 (Ivy F. Benoit)

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