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A Collection of Newfoundland Wills
As always, confirm these, as you would any other source material.
Will of Patrick Murphy
from Newfoundland will books vol 11 pages 405 & 406 probate year
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
- 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
[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.
- I devise and bequeath my property at or adjoining Plank Road
in St. John's aforesaid to my daughter Agnes Brownrigg
- I devise and bequeath my property at or adjoining Hamilton Street
in St. John's aforesaid to my daughter Margaret Hanley.
- 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.
- I bequeath to my granddaughter Ellen Murphy sometimes
known as "Nell Aylward" the sum of two hundred dollars
- 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]
- I bequeath to my grandson Patrick Hanley the sum of two
thousand dollars [$2000.00]
- 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
- 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
- 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
- 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
to James Murphy
|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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