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Other Misc. Wills & Deeds
Denis Burke, Sr.

 

Volume 6
Folio 243

Will of Denis Burke, Sr.
Died December 27, 1909
Probated April 6, 1910

In the Name of God. Amen.

This is the last Will and Testament of Denis Burke of St. Jacques, Fortune Bay in the Southern District of Newfoundland.

I will and desire that my Executors herein after named, so soon after my death as will be convenient will pay out of my estate the sum of two hundred dollars ($200) as offerings for the benefit of my soul and the sum of fifty dollars ($50) to the Reverend Superioress of the Presentation Convent at St. Jacques.

I give, devise and bequeath to my beloved wife Mary Burke for her sole use and benefit during her life, all I am possessed of, to have and to hold the same absolutely, and to use the same freely as her property, without any let or hindrance from any person whomsoever.

At the death of my said wife, I give, devise and bequeath to my son Francis Regis Burke the house at present occupied by Vincent Burke situated on Bonaventure Road, St. John’s, also five shares in the New York, Newfoundland and Halifax Steamship Company, together with my dwelling house and the furniture contained herein, store, wharf, flake and lands attached thereto and belonging to my estate.

I also will that the expenses of the said Francis Regis’ education be paid out of my estate. I will that the residue of my estate be divided between my five daughters in the following proportions, that is to say, that the married daughters shall receive one share each and that the unmarried daughters receive two shares each, or double the amount of the married ones.

Should any of my married daughters die before the division of my estate, I will that the said share be given to her children.

Should any of my daughters remain unmarried, they are to have a right to reside in my dwelling house as long as they wish to remain.

If my son Francis Regis above mentioned should die before his mother and unmarried, I will that the house, shares, dwelling house, store, flake and land be divided equally between my daughters or the survivors of them, and if my said son Francis Regis die after his mother and unmarried, I will that the residue of his estate, if any, shall be divided equally amongst his sisters.

Should my wife Mary Burke, above mentioned, die before our son Francis Regis comes of age, I hereby appoint my son-in-law Louis Giovannetti M.D. and my daughter Elizabeth Ellen as his guardians, and will that no division of my estate be made until he comes of age.

Should any of my daughters be unmarried at the time of the division of my estate, I will, devise and bequeath to them in equal proportions my shares in the Cheticamp Copper Company Limited, Cape Breton .

Should all be married at the time, the said shares are to be divided equally amongst them.

I give, devise and bequeath to my son Francis Regis Burke sixteen shares in the Colonial Investment and Loan Company, also five shares in the same said Colonial Investment and Loan Company.

I hereby appoint my wife, Mary Burke, and my son-in-law, Louis Giovannetti, M.D. Executors of this my last Will and Testament, and I revoke and annul all former Wills and Testaments made by me.

Made and dated at St. Jacques Fortune Bay in the Island of Newfoundland this twenty first day of January one thousand nine hundred and seven.

 

Signed, published and
declared by the said
Testator as and for
his last Will and
Testament in the
presence of us, who
in his presence and
in the presence of
each other have hereto
signed our names as
witnesses to the due
execution of the same.

Denis Burke Sr.
Testator

Witnesses
William Burke Sr.
Thomas Burke Sr.

 

 

Note: This will was transcribed from a photocopy from the Newfoundland Supreme Court of Newfoundland Records . However, the Volume & Folio numbers differ from those on our online index. Thus, they have been placed here until the discrepancy can be resolved.

Transcribed and Contributed by Paul Burke (May 2005)

Page Revised by Craig Peterman (Wednesday February 20, 2013 AST)

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