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Will of Catherine O'Bryen
This is the last will and testament of me Catherine O’Bryen of Chagford in the County of Devon, Widow. I devise all that my estate called Easton and Whiteabery in Chagford aforesaid also my estate called Keens in Saint John’s Newfoundland and all other my real estate wheresoever situate unto my friend John Perryman of Yeo in the parish of Chagford aforesaid To hold to him the said John Perryman and his heirs upon trust for my brother William Keen his heirs and assigns for ever in case my said brother of whom I have not heard for many years should within three years of my death apply to the said John Perryman for the rents and profits of the said estate and in case of the death of the said William Keen before me leaving any sons or son surviving then upon trust for such sons share and share alike as tenants in common or for such son if only one their or his heirs and assigns for ever.
I request the said John Perryman to advertise for my said brother and for his sons in the Times and in such other papers circulating at home or abroad as shall appear most likely to come under this or their notice and to pay for such advertisements out of the rents and profits of my lands in Chagford. In case no such application as aforesaid shall be made to the said John Perryman within three years after my decease then the said John Perryman and his heirs shall hold my said real estate whether in England or Newfoundland upon trust for my great nephew Theodore Tyndal his heirs and assigns for ever (subject as hereinafter mentioned) In case my said real estate shall come to my said brother or his sons I bequeath to the said Theodore Tyndal and my great niece Clara Tyndal the sum of £200 (two hundred pounds) each to be paid out of my personal estate on their attaining the age of twenty one years And in case my said real estate shall come to the said Theodore Tyndal the said legacies of two hundred pounds and two hundred pounds instead of being paid to the said Theodore Tyndal and Clara Tyndal shall be paid to Charles Kearney and Catherine Kearney nephew and niece of my last husband Charles O’Bryen and the said Theodore Tyndal shall out of the real estate devised to him pay to the said Clara Tyndal the sum of five hundred pounds.
I declare that the first devisee or devisees of my real estate shall take the rents and profits from the quarter day next after my death. I bequeath all my personal estate subject to the payment of two hundred pounds and two hundred pounds legacies as aforesaid and to the payment of my debts and funeral and testamentary expenses to the said John Perryman his executors and administrators for his and their own absolute use and benefit. I appoint the said John Perryman sole executor of this my will, hereby revoking all other wills. In witness whereof I have hereunder set my hand this twenty-third day of October one thousand eight hundred and seventy one.
Catherine O’Bryen. Signed by the said testatrix Catherine O’Bryen as and for her last will and testament in the presence of us present at the same time who at her request in her presence and in the presence of each other have hereunto subscribed our names as witnesses,
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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