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A Collection of Newfoundland Wills
(O)
Richard O'Dwyer

 

Will of Richard O'Dwyer
from Newfoundland will books volume 3 pages 423 to 430 probate year 1875

In re
     Richard O'Dwyer deceased.

This is the last will and testament of me Richard O’Dwyer of Liverpool in the County of Lancaster Merchant I confirm the Settlement or Declaration of Trust dated the twenty-ninth day of October one thousand eight hundred and sixty-seven and expressed to be made between me the said Richard O’Dwyer of the first part and my wife Wilhelmina Mary O’Dwyer of the second part and me the said Richard O’Dwyer and Charles Tricks Bowring and Henry Price Bowring both of Liverpool aforesaid Merchants of the third part And I declare that the provisions by this my will made for my wife and children shall be in addition to and not in substitution for or satisfaction of those made or covenanted to be made for them in or by such Settlement

I bequeath the sum of four hundred pounds to the Roman Catholic Bishop at the time of my death of Saint John’s Newfoundland to be applied by him to such charitable purposes as he may see fit.     And I direct that the said legacy shall be paid out of such part of my personal estate as may by law be bequeathed for charitable purposes

I bequeath to my said wife wines liquors and consumable stores And I bequeath all my furniture plate linen china glass pictures and other articles of domestic use and ornament to my said wife during her life or widowhood And after her death or future marriage I declare that the same shall fall into and form part of my residuary personal estate

I give devise and bequeath all my real and the residue of my personal estate of what nature or kind soever and whether at Saint John’s Newfoundland or in England or elsewhere except estates vested in me upon any trust or by way of mortgage unto my said wife and my brother John O’Dwyer of Saint John’s aforesaid and my friends the said Charles Tricks Bowring and Henry Price Bowring their heirs executors and administrators and respectively according to the nature and tenure thereof respectively Upon trust that my said wife and the said John O’Dwyer Charles Tricks Bowring and Henry Price Bowring or the survivors or survivor of them or the heirs executors and administrators respectively of such survivor shall at their her and his absolute discretion and as and when they she and he may think proper sell the said real estate either together or in parcels and either by public auction or private contract with full power to buy in and to rescind or vary any contract for sale and to resell without being responsible for any loss occasioned thereby and to do and execute all such acts and assurances for effectuating any such sale as they she or he shall think fit and shall call in sell and convert into money such part of the said personal estate as shall not consist of money And I declare that my said wife and the said John O’Dwyer Charles Tricks Bowring and Henry Price Bowring and the survivors and survivor of them and the heirs executors and administrators respectively of such survivor shall by and out of the moneys to arise from the sale of the said real estate and from the calling in sale and conversion into money of such part of the said personal estate as shall not consist of money and the money of which I shall be possessed at my death pay my funeral and testamentary expenses and debts and shall invest the residue of the said moneys in the names or name of my said wife and the said John O’Dwyer Charles Tricks Bowring and Henry Price Bowring or the survivors or survivor of them or the executors or administrators of such survivor (hereinafter called the Trustees or trustee) in any of the public stocks or funds or government securities of the United Kingdom or India or real or leasehold securities in England or Wales or in or upon the stocks funds shares bonds or securities of any Corporation or company incorporated by Act of Parliament or municipal body and may from time to time vary or transfer such stocks funds shares and securities into or for others of a like nature at their her or his discretion And I declare that the said Trustees or Trustee shall pay the annual income of the said trust funds to my said wife for so long as she shall continue my widow charged nevertheless with the maintenance education and bringing up of my sons for the time being under the age of twenty one years and my daughters for the time being under that age and unmarried     And after her death or future marriage shall stand possessed of the said moneys stocks funds shares and securities and the interest dividends and income thereof in trust for all my children or any my child who being sons or a son shall attain the age of twenty one years or being daughters or a daughter shall attain that age or marry under that age and if more than one in equal shares     Provided always and I hereby declare that if any child of mine shall die before attaining a vested interest without leaving children living at his or her decease then as well the original share of such child as any share or shares which may accrue to him or her under this present provision shall accrue to my other children in equal shares and the share or shares which shall so accrue to any of my daughters and also any other shares which shall accrue to them under any of the provisions of this my will shall be held upon the trusts and with and subject to the powers provisoes and declarations hereinafter declared and contained of and concerning her original share or as near thereto as circumstances will admit     Provided always and I hereby declare that if any child of mine shall die in my lifetime leaving children living at my death the children living at my death and who being male attain the age of twenty one or being female attain that age or marry under that age of each child of mind so dying shall take by substitution as tenants in common in equal shares per stirpes if more than one the original share and also any accruing share or shares which such child of mine would have taken under any of the trusts in that behalf herein declared had he or she survived me And I hereby declare that the share or shares as well original as accruing to which any daughter of mind shall be or become entitled under this my will shall not vest in such daughter as her absolute property but shall be held by the trustees or trustee for the time being of this my will Upon trust to pay the income thereof or of the stocks funds shares and securities whereon the same may be invested to such daughter during her life for her sole and separate use exclusively of any husband she may marry and of his debts control and engagements and her receipt alone shall be a discharge for the same and she shall not have power to dispose or deprive herself of the benefit thereof by anticipation And after her death shall hold the said share or shares and the said stocks funds shares and securities wherein the same may be invested and the interest dividends and income thereof In trust for all her children or any her child living at my death or born afterwards who being sons or a son shall attain the age of twenty one years or being daughters or a daughter shall attain that age or marry under that age and if more than one in equal shares And in default of such issue in trust for such of my other children who shall be living at her death and the issue then living of such of my children as may be then dead leaving issue as respectively being males attain the age of twenty one years and being females attain that age or marry under that age and if more than one as tenants in common in equal shares per stirpes

And I hereby declare that it shall be lawful for the said trustees or trustee for the time being if the majority shall think it desirable to continue for such period as they he or she my said trustees or trustee shall think desirable my business of a merchant or any part thereof and to engage and employ in the said business such part of my estate and effects as the said trustees or trustee shall think desirable without being answerable for any loss occasioned thereby Provided always and I hereby declare that it shall be lawful for the said trustees or trustee for the time being after the death or future marriage of my said wife or previously thereto with her consent in writing to raise any part or parts not exceeding in the whole one half of the then expectant or presumptive or vested share of any child or more remote issue under the trusts hereinbefore declared and to apply the same for his or her advancement or benefit as the said trustees or trustee shall think fit And I hereby declare that the said trustees or trustee for the time being shall after the death or future marriage of my said wife apply the whole or such part as they he or she shall think fit of the interest dividends and income of the share to which any child or more remote issue shall for the time being be entitled in expectancy under the trusts hereinbefore declared for or towards his or her maintenance or education and may either themselves himself or herself so apply the same or may pay the same to the guardian or guardians of such child for the purpose aforesaid without seeing to the application thereof and shall during such suspense of absolute vesting as aforesaid accumulate all the residue (if any) of the same interest dividends and income in the way of compound interest by investing the same and the resulting income thereof in or when any such stocks funds shares or securities as are hereinbefore mentioned for the benefit of the person or persons who under the trusts herein contained shall become entitled to the principal fund from which the same respectively shall have proceeded and may resort to the accumulations of any preceding year or years and apply the same for or towards the maintenance and education of the child for the time being presumptively entitled to the same in the same manner as such accumulations might have been applied had they been interest dividends or income arising from the original trust fund in the year in which they shall be so applied

And I hereby declare that it shall be lawful for the trustees or trustee for the time being of this my will to defer and postpone the same conversion and collection of the whole or any part or parts of my said real and personal estate respectively so long at two such trustees or trustee shall in their his or her uncontrolled discretion seem proper but my real estate shall for the purpose of transmissions be impressed with the quality of personalty from the time of my death

And I hereby declare that the receipt of my said wife and of the said John O’Dwyer Charles Tricks Bowring and Henry Price Bowring or the survivors or survivor of them or the heirs executors or administrators of such survivor for the purchase moneys of my property hereby directed or authorised to be sold and for any other moneys paid and for any stocks funds shares or securities transferred to them him or her by virtue of this my will or in the execution of any of the trusts or powers hereof shall effectually discharge the person or persons paying or transferring the same therefrom and from being bound to see to the application or being answerable for the loss or misapplication thereof Provided always and I hereby declare that if the said Trustees hereby constituted or any of them shall die in my lifetime or if they or any of them or any trustee or trustees appointed as hereinafter provided shall after my death die or be abroad or desire to be discharged or refuse or become incapable to act then and in every such case it shall be lawful for the surviving or continuing trustees or trustee for the time being (and for this purpose every refusing or retiring trustee shall if willing to act in the execution of this power be considered a continuing trustee) or for the acting executors or executor administrators or administrator of the last surviving or continuing trustee to appoint a new trustee or new trustees in the place of the trustee or trustees so dying or being abroad or desiring to be discharged or refusing or becoming incapable to act as aforesaid and upon every or any such appointment as aforesaid the number of trustees may be augmented or reduced and upon every such appointment the said trust property shall if and so far as the nature of the property or other circumstances shall require or admit be transferred so that the same may be invested in the trustees or trustee for the time being and every trustee so appointed as aforesaid may as well before as after such transfer of the trust property act or assist in the execution of the trusts and powers of this my will as fully and effectually as if I had hereby constituted him a trustee

Provided always and I hereby declare that the trustees for the time being of this my will shall be respectively chargeable only for such moneys stocks funds shares and securities as they shall respectively actually receive notwithstanding their respectively signing any receipt for the sake of conformity and shall be answerable and accountable only for their own acts receipts neglects and defaults respectively and not for those of each other nor for any banker broker auctioneer or other person with whom or into whose hands any trust moneys or securities may be deposited or come nor for dispensing wholly or partially with the investigation or production of the lessors title on lending money on leasehold securities nor for otherwise lending on any security with less than a marketable title nor for the insufficiency or deficiency of any stocks funds shares or securities nor for any other loss unless the same shall happen through their own wilful default respectively

And also that the trustees or trustee for the time being may reimburse or return themselves himself and herself or pay and discharge out of the trust premises all losses incurred or sustained in my said business and all expenses incurred in or about the execution of the trusts or powers of this my will     I give devise and bequeath all the estates vested in me upon any trust or by way of mortgage unto my said wife and the said John O’Dwyer Charles Tricks Bowring and Henry Price Bowring their heirs executors and administrators respectively according to the nature and tenure thereof subject to the equities affecting the same respectively but the moneys secured on such mortgages shall be taken as part of my personal estate     And I hereby appoint my said wife and the said John O’Dwyer Charles Tricks Bowring and Henry Price Bowring executors of this my will And I appoint them and the Reverend Michael Donnelly Guardians of my infant children     In witness where I have to this my last will and testament comprised in seven sheets of paper set my name this fourteenth day of June one thousand eight hundred and sixty nine

R. O’Dwyer-     Signed by the said Richard O’Dwyer the testator as and for his last will and testament in the presence of us both present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses-     Edw Whitley, Solr Liverpool-     Alice English

This is a codicil to my last will and testament dated the fourteenth day of June one thousand eight hundred and sixty nine Whereas in and by my said will I have directed that my trustees or the majority of them may if they think proper carry on my business of a Merchant Now I do hereby express my desire that the said trustees shall be guided by the wish of my wife in this and all other matters os long as she shall continue a Roman Catholic and unmarried and I earnestly commend to my wife’s care her mother and sister Margaret so long as the latter is unmarried and hope that they will continue to reside with her And in all other respects I confirm my said will- Dated the first day of October one thousand eight hundred and seventy-three.

R. O’Dwyer-     Signed by the said Richard O’Dwyer as and for a codicil to his last will and testament in the presence of us both present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses-     Edw- Whitley Solr Liverpool-     Thomas Grimes 27 & 29 High Park St-

This is a codicil to the last will and testament of me Richard O’Dwyer of Liverpool Merchant which will is dated the fourteenth day of June one thousand eight hundred and sixty nine- Whereas in and by my said will I have appointed Charles Tricks Bowring and Henry Price Bowring trustees and executors of my said will in conjunction with my wife and brother John O’Dwyer Now I do hereby revoke the appointment of the said Charles Tricks Bowring and Henry Price Bowring as trustees and executors of my said will And I appoint my friend Edward Whitley of Liverpool aforesaid Solicitor and as trustee and executor of my said will in conjunction with my wife and brother     And I declare that my said will shall be read in all respects as if the said Edward Whitley were therein appointed a trustee and executor in the place and stead of the said Charles Tricks Bowring and Henry Price Bowring And I devise and bequeath to the said Edward Whitley in conjunction with my wife and brother all my estate and effects upon the trusts contained in the said will And I empower the said Edward Whitley to make all usual professional charges for all work done for my estate in the capacity of a solicitor notwithstanding his acting as one of the executors of my will And in all other respects I confirm my said will And appoint my executors with the Reverend Michael Donnelly Guardians of my children     Dated the fourteenth day of March one thousand eight hundred and seventy-five. I confirm my codicil of the first day of October one thousand eight hundred and seventy-three-

Richard his X mark O’Dwyer-     Signed by the said testator as and for a codicil to his last will and testament in the joint presence of us who in his presence and in the presence of each other have hereunto affixed our hands as witnesses the same having been read over and explained to him and he making his mark thereto in our presence-     Bridget Cotter-     Emily Byrnes-

Certified correct,
D. M. Browning
Registrar

 

 

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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