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Date July 3, 1817
Recorded His Majesty Supreme Court, St John's, NFLD. Book of Enrollment GG folios 17,18,19,20,21,22,23,24,25 August 15, 1817
5 shilling given for property
July 2, 1817
Will of Mary Kennedy, mother of deceased Joanna, mother in law to Vincent Costigan and grandmother to Thomas Costigan as well as widow of John Kennedy, father of Joanna.
Articles of Agreement indented made concluded and agreed upon. This second day of July, in the year of our Lord, 1817, between Mary Kennedy of Harbour Main in the Island of Newfoundland. Widow and Relict (widow) and also Administratrix of the Estate and Effects of John Kennedy, late of same place, Planter, deceased of the one part and a Richard Shea of Port De Grave in the same Island Surgeon and the Guardian appointed by and on the behalf of Margaret Kennedy a minor of the age of 17 years or thereabouts and also one of the Administrators of the Estate and Effects of the said John Kennedy and Bridget his Wife.. (Bridget Kennedy married Dr Richard Shea). Vincent Costigan of St John's in the same Island, Planter and the father and next friend of Thomas Costigan a minor under the age of 21 yrs by Joana his late wife deceased. Patrick Kennedy and John Kennedy both of Harbor Main aforesaid Planters. Michael Neile of Fermuse, Planter and another of the administrations of the Estate and Effects of the said John Kennedy deceased and Mary his wife and John Neile of the same place and Planter and Catherine, his wife of the other part.
WHEREAS Joana Costigan deceased late the Wife of the said Vincent Costigan and also one of the daughters of the said John Kennedy deceased died in the life time of her said father leaving the said Thomas Costigan her only child surviving.
AND WHEREAS, the said John Kennedy departs this Life Intestate or on or about the 14th day of May, 1816 leaving the said Mary Kennedy his widow. The said Bridget, the Wife of the said Richard Shea, Patrick Kennedy, and John Kennedy, Mary the wife of the said Michael Neile, Catherine the wife of John Neile and Margaret Kennedy, his children and Thomas Costigan his Grandson him surviving.
AND WHEREAS Letters of Administration of the Estate and Effects of the said John Kennedy were granted to the said Mary Kennedy, Richard Shea and Michael Neils, by the Probate Court of St John's and the said Mary Kennedy hath taken upon herself the sole burden and execution thereof the said Richard Shea and Michael Neile not having ever meddled or interfered therewith
AND WHEREAS the said John Kennedy did in his life time, give unto this said Daughter Bridget, wife of Richard Shea, Joana the wife of the said Vincent Costigan, Mary the wife of the said Michael Neile and Vincent Costigan.. Mary the wife of Michael Neile and Catherine of the said John Neile the sum of 300 pounds each as and for their respective marriage portions.
AND WHEREAS the said Intestate John Kennedy did in his life time express his intention to give and devise a certain ?? Tenement or Dwelling House with the appurtenances in Harbor Main aforesaid now in the occupation of his son the said Patrick Kennedy unto him the said Patrick Kennedy his Heirs and Assigns for ever.
AND ALSO to give and devise a certain other ?? Tenement and Dwelling House in the occupation of said intestate unto his Widow the said Mary Kennedy for and during the term of her natural life and from and after her decease unto his son, the said John Kennedy his heirs and assigns forever.
AND ALSO to give and devise All that Fishing Room, Stores, Stages and Flakes also in the occupation of the said Intestate unto his two sons their Heirs and assigns for ever.
AND ALSO to give and devise all these pieces or Parcels of land, Gardens and Plantation also in the occupation of the said Intestate unto his said two sons and their heirs and assigns forever. Subject to the life Estate of the said Mary Kennedy his wife in and to one third part or share thereof
AND ALSO to give and bequeath the SCHOONER BELLISARIUS, Boats, ?? and Nets and every other article, matter and thing relating to the Fishery which he the said Intestate then has or should at the time of his decease have in his possession equally between and among his two sais sons, Patrick Kennedy and John Kennedy
AND ALSO to give and bequeath all and singular his Household Furniture, Live and Dead Stock and Implements of Husbandry unto his Wife the said Mary Kennedy and his sons the said Patrick and John Kennedy share and share alike.
AND ALSO to give and bequeath all his Money and securities for Money, Shop and Store Goods and every article of Merchantile Property until his Wife the said Mary Kennedy subject to the payment of the sum of Three Hundred Pounds to each of his children, the said Bridget Shea, Patrick Kennedy, John Kennedy, Mary Neile and Catherine Neile.
AND ALSO the sum of 300 pounds to his grandson the said Thomas Costigan and the sum of 600 pounds to his daughter Margaret Kennedy.
AND WHERAS the said Parties hereto being inclined and desirous to fulfil the wishes and intentions of the said Intestate have mutually agreed to make a division of his Estate and Effects and to execute good and effectual Convenances and assurances, thereof agreeable thereto. And the said Mary Kennedy hath agreed to pay the several sums of 300 pounds in manner aforesaid. And hath jointly with the said Richard Shea and Michael Neile given orders or Draft upon Mr Humbrs of St John's aforesaid Merchant in whose hands or Custody certain sums of Money were depositedby the said Intestate for the same. And hath also agreed to enter into a Covenant with said Richard Shea, The Guardian of said Margaret Kennedy to pay her the said Margaret Kennedy or to him, the said Richard Shea for her use the said sum of 600 pounds upon her attaining the age of 21 yrs or marriage which shall first happen
KNOW THESE PRESENTS WITNESS That for the several considerations aforesaid they the said several hereto do hereby for themselves their several and respective Heirs, Executors and Administrators Covenant promise, and agree to and with the others and others of them, their Heirs Executors and Administrators that they the said parties hereto and each and every of them shall and will by good lawful and effectual Deeds, Devices, Conveyances and Assurances in the Law already prepared and to be signed sealed and delivered after the Execution hereof, Grant, Bargain, Sell, Release, Convey and Assign and Confirm all and singular the real and personal estate and Effects of the said John Kennedy deceased into between and amongst each other in the parts, shares and proportions manner and form and to and for the uses, Ends, Intents and purposes here in before mentioned expressed and declared of any concerning here in before mentioned, express, and declared or any concerning the same.
AND she the said Mary Kennedy doth hereby for herself, her heirs, Executors and Administrators Covenant promise and agree to and with said Richard Shea his Heirs, Executors, Administrators and Assigns by these presents that she the said Mary Kennedy her Heirs, Executors or Administrators shall and will well and truly pay or cause to be paid unto him the said Richard Shea his Heirs, Executors, Administators and Assigns for the use of the said Margaret Kennedy, or unto the said Margaret Kennedy her Heirs, Executors, Administrators or Assigns at the time and in the manner herein before mentioned and recited for payment thereof and for the due fulfillment, performance and execution of these presents according to the true intent and meaning of the several parties hereto she the said Mary Kennedy doth hereby herself her Heirs, Executors and Administrators unto the said several Parties hereto of the second part and each and every of them their and each and every of their Heirs, Executors, Administrators and Assigns in the sum of 300 pounds. And each of them the said parties hereto of the second part, do hereby for themselves severally and respectively and for their several and respective Heirs, Executors and Administrators and not one for the or the other of them bind themselves to each other and the Heirs, Executors and Administrators of each other. And also to the said, Mary Kennedy her Executors and Afministrators in the sum of 100 pounds the said sum of 100 pounds and the said several sums of 100 pounds
She appeard Dec 31, 1817 in St John's.
Mary Kennedy's Obituary: November 26, 1855 (Times; Express), Mary Kennedy, age 90 dies in full possession of her faculties.
Page Contributed by Judy Barker
Page Revised by Ivy F. Benoit (March 3, 2003)
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