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A Collection of Newfoundland Wills
As always, confirm these, as you would any other source material.
Will of Mary Prendergast
from Newfoundland will books volume 4 pages 458-459
probate year 1854
(The will index gives the probate year, for this will, as 1854, but it
is filed chronologically with wills from 1886)
Mary Prendergast deceased.
This is the last will and testament of me Mary Prendergast of St.
John’s Widow, I give devise and bequeath
to my son Maurice Prendergast and his assigns, all those leasehold premises
now in my occupation with my stock in trade money, furniture and household
and personal effect of every kind that may remain after payment of my just
I give devise and bequeath all that parcel of land owned by me on the south
side of Gower Street to my executor hereinafter named his heirs and assigns
upon the trust to pay and appropriate the rents issues and profits thereof
to my son Richard until his marriage and thereafter upon trust to convey and
assign the same absolutely to him and his heirs for ever but should my said
son Richard die unmarried then upon trust to convey and assign the said land
to my said son Maurice and his heirs for ever.
I give devise and bequeath to my said executor and his heirs all that parcel
of land (freehold) situate on the north side of Water Street in St. John’s
aforesaid opposite the premises of Messrs. Hunters & Co. and also all those
my freehold lands and premises situate on the north side of Gower Street (opposite
the land herein devised on trust for my son Richard) upon the trust nevertheless
to pay and appropriate one third part of the rents issues and profits thereof
to and for the sole use and benefit of my daughter Catherine Gleeson & her
heirs for ever free and clear of any debts claims or controul of her present
or any future husband- upon the further trust to pay one third part of the
rents issues and profits of the lands herein lastly devised to and for the
use of my daughter Ellen Strafford in such manner as my said
executor and trustee may deem most advisable for her support and maintenance
absolutely free and clear and independent of any debts claims or controul of
her present or any future husband- The remaining one third of the
said rents issues and profits upon trust for the sole use and benefit of my
should the said Ellen Strafford die leaving a child or children
her surviving. The property herein conveyed in trust for her use to be held
on the further trust to pay and appropriate the rents and issues thereof to
and for their sole use and benefit. But should she leave no children her surviving
then upon the trust to convey and assign the land equally between my sons Maurice and Richard and their heirs as tenants in common forever.
I further order and direct that if at any time after my decease my said executor
and trustee should deem it for the interest of the parties concerned he may
with the consent of my daughter Catherine Gleeson and her
husband sell and dispose of the lands herein lastly devised (namely the land
on the north side of Water Street and the land on the north side of Gower Street
and to pay and appropriate the proceeds of such sale or sales in the manner
and upon the trusts hereinbefore provided with respect to the rents issues
and profits thereof I hereby nominate and appoint my son
Maurice Prendergast to be sole executor and trustee of this
my last will and testament hereby revoking any former will or wills by me made
or declared- Dated at St. John’s Newfoundland this
twenty third day of May Anno Domini one thousand eight hundred and fifty-four- Mary
her X mark Prendergast. Signed published and declared by
the said testatrix as and for her last will and testament in the presence of
us who in her presence and in the presence of each other and at her request
have hereto subscribed our names as witnesses having been previously read over
and explained, Saml Carson, Thos F. Hearn, Thos. Butler, witnesses.
D. M. Browning
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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