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Will of Lawrence Power
In the name of God Amen, I Lawrence Power of St. John’s in the Island of Newfoundland and formerly of the Parish of Portlaw in the County of Waterford, Ireland, being sick and weak of body, but of sound memory and understanding do hereby revoke all former wills codicils and testamentary dispositions made by me and declare this to be my last will and testament, whereby I first direct that my executors hereinafter named shall after my decease pay all my just debts funeral and testamentary expenses, including the expense of a headstone, out of my monies and effects. Secondly, I give and bequeath the sum of forty pounds currency to my executor hereinafter named to be held by him in trust for the paid over in equal proportions to such of my brothers, if any, as shall be living at my death and in case all of them except one shall be then dead then to such survivor of them as shall be then living; and in case they should be then all dead, then in equal proportions to their lawful children then living and to the lawful child and children of the survivor of my said brothers, and in case all of my said brothers and their lawful children shall be then dead, then I give and bequeath said sum of forty pounds currency to the Right Reverend John Thomas Mullock Catholic Bishop of the Diocese of St. John’s in the said Island and to his successors in the Episcopacy of the said Diocese for the uses and purposes hereinafter declared. Thirdly, I give and bequeath all and singular the rest and remainder of my monies, goods, chattels and effects, including my lands, tenements and houses with the appurtenances situate at River Head in St. John’s aforesaid unto the said Rt Rev John Thomas Mullock as such Bishop and to his said successors in the said Diocese to have and to hold the same in trust for the purposes hereinafter mentioned and declared, that is to say, upon trust to take the said monies goods chattels and effects and the annual and other rents issues and profits of my said lands tenements and premises and in the first place thereout annually expend the sum of five pounds currency for an annual High Mass for the good of my soul and thereafter apply and expend the remainder of such moneys goods chattels and effects and of the said rents issues and profits of said land tenements and premises to and for the use and benefit of the Catholic Church in the said Diocese of St. John’s and for such charitable and religious uses and purposes therein as the said Rt. Rev. John Thomas Mullock as such Bishop or his said successors in the said Diocese shall from time to time think fit to apply the same I do hereby appoint Mr. Michael Cahill of St. John’s aforesaid Clothier, executor of this my last will and testament. In witness whereof I have hereunto set my hand and seal at St. John’s aforesaid the 4th day of January Anno Domini one thousand eight hundred and sixty (1860) Lawrence his X mark Power (LS) Signed sealed published and declared by the said testator as his last will and testament in the presence of (the words “Rt. Rev.” and a cancellation being first written and made on the second page hereof as initialed) Jos. I. Little, James Cummins.
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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