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A Collection of Newfoundland Wills
(O)
James O'Neill

 

 

Will of James O'Neill
from Newfoundland will books volume 7 pages 463 to 465 probate year 1905

In re the Estate of James O'Neill       deceased

This is the last will of me James O'Neil of St. John's Brakeman(?) made this second day of March A.D. 1905.
I appoint my wife Mary Ann O'Neil executrix of this my will. I give devise and bequeath all the properties and monies of which I shall die possessed as follows.
To my son Edward I give devise and bequeath the new dwelling house situate on the field bounded by Freshwater road and the land under the same, and one hundred feet of land from front to rear.
I give devise and bequeath to my son William a portion of the aforesaid field forty feet frontage on Freshwater road with a rearage of one hundred feet.
I give devise and bequeath to my son Michael should be return to this country a portion of the said field of the same dimensions as that bequeathed to my son William. Should he not return then the said piece of land I give devise & bequeath to my two sons Edward & William.
I give devise and bequeath to my son Arthur the western end of the dwelling house in which I reside. Also the new barn occupied by him and the land under the same. Also the farm of about five acres situate at Freshwater Road at present held by him.
I give devise and bequeath to my son James on the death of my wife the eastern end of the dwelling house at present occupied by me also my barn, subject to the condition that he is to support the orphan children of my son Rhody also to my said son James the fruit garden on the west side of the lane leading up to my dwelling house to take possession of the same on the death of my said wife.
I give devise and bequeath to my son Arthur the flower garden in front of my said dwelling house
I give devise and bequeath to all the parties to whom property is bequeathed under this will a common right of way to the said properties up through the lane leading to my dwelling house.
I give devise and bequeath to my son Arthur that piece of land situate between Moulton's fence and my son Arthur's barn
I give devise and bequeath to my son Edward the farm situate on Pennywell road consisting of about eight acres.
I give devise and bequeath to my wife Mary Ann O'Neil the eastern end of my dwelling house in which I reside and all furniture therein and all my farm stock and all monies of which I shall die possessed for her use during her life and on her death the said furniture stock and monies shall then be equally divided between the children of mine who shall then be residing in Newfoundland.
In testimony whereof I have hereunto subscribed my hand at Saint John's Newfoundland the day and year first above written
Signed by the said testator as his last will and testament by affixing his mark in the presence of us who in his presence at his request & in the presence of each other and in his presence have hereunto subscribed our names as witnesses the same having been first read over and explained and the word "not" interlined on the first page. James his X mark O'Niel    A. Rice     E.P. Morris

This is a codicil to my will bearing date the 2nd day of March A.D. 1905. I revoke and cancel that portion of my said will which devises to my son Arthur the farm of about five acres situate at Freshwater road and I give devise and bequeath the said farm to my son James after the death of my wife, who is to have the use of the same during her life
In testimony whereof I have hereunto affixed my name to this codicil this 3rd day of March A.D. 1905.
signed by the said testator by affixing his mark as and for a codicil to his last will and testament in our presence who in his presence and in the presence of each other have hereunto subscribed our names as witnesses the same having been first read over and explained to the said testator James his X mark O'Niel     A. Rice.     E.P. Morris

I certify the foregoing to be a correct copy of the last will and codicil of James O'Niel deceased.
D. M. Browning
Registrar

(Listed in the margin next to this will the following)
Fiat
April 18. 05
Johnson J.
Probate granted
on the 19th day
of April A.D. 1905
to Mary
Ann O'Neil
$2900.00

 

 

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 and Ivy F. Benoit

REVISED BY: Ivy F. Benoit May 7, 2002

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