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A Collection of Newfoundland Wills
Margaret O'Brien


Will of Margaret O'Brien
from Newfoundland will books, volume 11 page 464 probate year 1920

In re Margaret O'Brien       deceased

I, Margaret O'Brien of St. John's, married woman, do hereby revoke all former wills and testamentary dispositions made by me, and declare this to be my last will and testament. I appoint John J. Mullally and Thomas O'Neil both of St. John's, hereinafter called my Trustees, to be the executors and trustees of this my Will. I give and bequeath the land together with the dwelling houses thereon situate on Alexander and Job Streets, provided that my husband James be not living at the time of my death, to my Trustees upon the Trusts following:- that is to say

To pay the income thereof to my sons Gerald, John and Michael until the marriage of Gerald. Upon the marriage of my son Gerald, my Trustees shall pay the whole of said income to him, and eight years after his said marriage should he then be living my Trustees shall assure the said land and dwelling houses to him absolutely. Should my said son Gerald die after marrying and before a period of eight years shall have elapsed between his marriage and death, and leave issue surviving him of said marriage, my Trustees shall assure the said land and dwelling houses unto the use of said issue. Should my son Gerald die unmarried or being married leave no issue surviving him, [Subject however to the Trust hereinbefore contained] then my Trustees shall assure the said land and dwelling houses unto the use of the issue of any of my children marrying, and if there be more than one assure the same to them in equal shares. Should all of my children die unmarried or being married leave no issue surviving them or either of them, then the said land and houses shall be held by my Trustees and the income thereof applied towards the education and maintenance of the sons of poor Roman Catholic parents who shall study for the purpose of taking Holy Orders. Should my said husband James be living at the time of my death, I give and bequeath to him the aforesaid land and dwelling houses.

In witness I have set my hand to this my Will, this 17th day of February, A.D. 1908. Margaret O'Brien. Signed by the above named Margaret O'Brien, as her last Will, in the presence of us both being present at the same time, who in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses. Annie Burke.   (?) P. Gibbs.

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

(Listed in the margin next to this will the following)
Fiat May 27/20
Kent J.
Probate granted
to John J. Mullally
and Thomas O'Neil
June 5/20.
Estate sworn
at $3000.00



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, Eric Weller and Kristina Americo

Revised: November 16, 2001 (Ivy F. Benoit)

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