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Will of John Power Junior
I John Power Junior of St. John’s Cooper do make publish and declare this as and for my last will and testament. I give devise and bequeath to Mary Anne Rolfe daughter of Jane Rolfe that dwelling house and premises now occupied by Mr. Lindberg and situate next door to the house in which I now live for her own separate use and benefit and in case of the death of the said Mary Anne Rolfe before she attains the age of twenty one years then the rents issues and profits of the said dwelling house shall be paid to her said mother during her lifetime as separate estate free and clear of the liabilities and control of her husband and from and after the decease of the said Jane Rolfe the said house and premises shall become and be the property of my two brothers in equal proportions between them. I give devise and bequeath to John Joseph Critch son of Samuel Critch that house now occupied by his said father and situate next door on the western side of the house in which I now live but in the event of the said John Joseph Critch dying before he attains the age of twenty one years then the rents issues and profits of the said house shall be paid to his mother for and during her lifetime as separate estate free and clear of the liabilities and control of her husband and from and after the decease of her said mother the said house shall become and be the property of my two brothers in equal proportions between them. That house now occupied by Lynch and Magrath I give and bequeath to Margaret wife of John Power, Carpenter, Prescott Street to be taken and held by her as separate estate free and clear of the liabilities and control of her husband- The dwelling house which I now occupy and that occupied by Doheny and Marshall and also that occupied by Mrs. Lane and Mrs. Hennessey and the Cottage held by Richard B. Holden near Georgetown the house occupied by Thomas Weir and the house occupied by John Bransfield and John verge and also that occupied by Parnell and all my interest in that piece of land in rear of my dwelling house leased by me from Mr. Henry J. Stabb as agent of the owners I give devise and bequeath one half to my adopted son William Power now living with me and in the event of him dying before he attains the age of twenty one years I direct that the share hereby bequeathed to him shall become and be the property of my two brothers in equal proportions between them. The other half of my said house I give devise and bequeath to my wife Amelia Anne for and during her natural life and from and after her decease the share hereby bequeathed to her shall become and be the property of the Roman Catholic Bishop of St. John’s for the time being for the purposes and benefit of the Church. I direct that all my stock in trade goods chattels and effects whatsoever or wheresoever situate and all my household furniture beds bedding and household utensils shall be sold as soon as conveniently may be after my decease and all debts due to me collected in and out of the proceeds of the fund created by such sale and collection I direct that all my debts funeral and testamentary expenses shall be paid and also such sum as may be necessary for the celebration of a High mass for the repose of my soul and the further sum of forty dollars for the celebration of Masses for the repose of my soul and further that the balance of the said fund remaining after these payments shall be made shall be invested by my executor hereinafter named and the annual interest arising thereon paid one half to my said wife Amelia Anne for and during her natural life and the other half to my said adopted son William Power. The share of said interest hereby directed to be paid to my said wife shall after her decease go to and be paid to the Roman Catholic Bishop of St. John’s for the use and benefit of the Church and in the event of my said adopted son dying before he attains the age of twenty-one years then the share of interest hereby directed to be paid to him shall go to and be paid to my two brothers in equal proportions between them. I desire that from and out of the rents issues and profits of the houses hereinbefore bequeathed and left to him and out of his said share of interest provision shall be made for the maintenance support and education and the giving of a trade to my said adopted son William Power. I hereby nominate and appoint the said Samuel Critch as guardian of the person of my said adopted son. I hereby nominate and appoint Robert J. Kent of St. John’s Barrister at law as executor of this my last will and testament and revoking and annulling all other wills by me heretofore made do hereby declare this to be my last will and testament. John Power. Signed by the said testator in our presence who in his presence and in the presence of each other have hereto set our hands as witnesses the same having been first slowly and distinctly read over to him in our presence and he having declared that he understood and approved of the foregoing as and for his last will and testament at St. John’s aforesaid this twenty-third day of August anno Domini 1878. Robert J. Kent, J.M. Donnelly.
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 and also no paragraphs. 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. However, in some of the very long wills, we have tried to insert paragraphs to make it easier for the researcher to read the document.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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