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Will of Laurence O'Brien
In the name of God Amen. This is the last will and testament of me the Honourable Laurence O’Brien of Saint John in the Island of Newfoundland Merchant I hereby revoke and utterly disallow all former and other wills by me at any time made I give and bequeath the lands estate debentures investments stock in trade and all and singular the property and premises mentioned in the schedule A to this will annexed and subscribed by me together with all other my estate and effects whatsoever and wheresoever to my executors hereinafter appointed and to the survivor of them his executors and administrators in trust for the purposes hereinafter declared concerning the same. I direct that my debts in co-partnership and otherwise, funeral and testamentary expenses shall be duly discharged by my co-partner in trade who is also an executor to this my will. I give and bequeath to my affectionate wife Margaret O’Brien during the term of her life without deduction or abatement an annuity of two hundred pounds currency to be paid in equal half yearly payments in every year the first payment to be made at the end of the half year after my death. I also give and bequeath to my affectionate sister Mrs. Mary Tobin during the term of her life without deduction or abatement an annuity of seventy five pounds currency to be paid in equal half yearly payments in manner aforesaid for her sole use and benefit and free from the control or interference of any husband she may have and I declare that my sixty shares in the Union Bank with dividends shall in the first place be held and remain as a security for the due payment of the said respective annuities.
I give and bequeath to the Roman Catholic Bishop of the Diocese of St. John’s or to the administrator of the affairs of the said Diocese for the time being the sum of fifty pounds currency for the celebration of Masses for the repose of my soul and for other charitable and church purposes I give and bequeath the sum of fifty pounds currency to Lawrence Kavanagh son of John Kavanagh Esquire. I give and bequeath to Mrs. Mary Quill wife of Major Quill in Her Majesty’s Army for her own use and benefit the sum of one hundred pounds currency and to her son Lawrence O’Brien Quill my godson the sum of fifty pounds of like money and also to him my gold watch and chain. I also give and bequeath to my said wife Margaret O’Brien during the term of her life or so long as she may please to occupy the same my farm Rostellan with all buildings and appurtenances furniture plate carriages horses cattle stock utensils and produce and all other my property on the said farm for her own use and benefit and after her death or sooner if she desire it I direct and authorize my said executors or the survivor of them his executors or administrators absolutely to sell and dispose of the said farm and all and singular the property aforesaid either at public auction or private sale and I direct that the net produce arising from the said sale or sales shall be disposed of in manner hereinafter appointed that is to say I direct that the monies arising from the said sale or sales shall be invested in real or public securities and that the interest derivable therefrom shall be paid to my wife during her life time if she consent to a sale or sales to be made as aforesaid and after her death the same shall be paid to my nephew and executor Michael Stafford during her lifetime if he have no child or children him surviving, but should he leave a child or children him surviving then the principal sum shall go to him his executors administrators and assigns for ever, And in the event of his leaving no child or children as aforesaid then I give and bequeath the said principal sum and interest therefrom to the surviving daughter or daughters of John Kavanagh Esquire by his late wife my niece who may attain the age of twenty one years share and share alike and the interest money may in the meantime be applied to their support and maintenance should the same become payable in the event of the deaths of the life annuitants as aforesaid Provided always and it is my will and desire that should the said Michael Stafford leave a wife him surviving without a child or children she shall during her life if she do not marry again receive from my general estate an annuity of sixty pounds each year after the death of the said Michael Stafford should he not have or leave sufficient property to realize said amount at the time of his death. I give devise and bequeath to my said nephew Michael Stafford all the rest residue and remainder of my aforesaid estate property and effects not hereinbefore specifically bequeathed also after the death of my said wife and sister the said shares in the Union Bank and the principal amount and dividends from the sale aforesaid should he become entitled thereto on the conditions aforesaid and all other my estate debts chattels and effects. I nominate and appoint the said Michael Stafford and William H. Mare Esquire to be executors of this my last will and testament and I desire and direct that the said William H. Mare shall be properly and fairly remunerated from and out of my estate for any services he may render as such my executor in about the sale and realization of any part of my said property and effects as aforesaid. In witness whereof I have to this my last will and testament set my hand and seal this twenty fifth day of February A.D. one thousand eight hundred and seventy,
Laurence O’Brien (LS) Signed Sealed published and declared by the said Laurence O’Brien as for his last will and testament in our presence and in the presence of each other have also signed in the presence of the said testator and of each other,
Schedule A referred to in the annexed last will and testament of the Honbly Laurence O’Brien.
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. 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 & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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