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Will of Charles Rielly from Newfoundland will books volume 5 page 584-586 probate year 1891 Last will and testament I Charles Rielly of St. John's in the Central District of Newfoundland Farmer do make and ordain this as and for my last will and testament hereby revoking all other and former wills by me at any time made. First after the payment of my just debts funeral and testamentary expenses I will devise and bequeath to my son William all the lands houses and the erections on said lands and all the rights and privileges thereto belonging which are now in the occupancy or possession of my said son William and which said land was purchased by me from Thomas G. Morry and also that part of my farm situate on the Black Marsh Road that is now in his possession (provided that he shall leave a road twenty feet wide on the northside of the "Roadside Meadow" leading to the "Far Meadow") during his lifetime and on the death of my said son William all the property above bequeathed shall become the property of my grandson Charles son of my said son William should he survive his father and in case the said Charles should die before his father then on the death of William the said land and property shall go to the nearest male of Kin of my said son William. To my sons Peter and Thomas I will devise and bequeath the new house I now occupy as well as the old house and the farm lands barns and outhouses and stables on said land or farm which front on the Cockpit Road and all rights privileges and appurtenances thereto and the utensils and fences and all other things connected with said farm (save as hereinafter excepted) as tenants in common during the lifetime of their mother whose support and maintenance shall be a first charge on said farm lands and houses and who shall have an absolute right to live in either of said houses. During the lifetime of my said wife Margaret and of my sons there shall be no division of the property ??? son Thomas but all and everything shall be used for the convenience of my said wife and her sons Peter and Thomas. I will and desire also that my daughter Bridget shall be entitled to her support maintenance and clothing out of the profit of said farm until her marriage. After the death of my said wife it shall be lawful for my sons Peter and Thomas to divide the farm land, the new house and the farming utensils share and share alike between them in case of such division taking place Thomas shall take the Eastern side of the house with the furniture in said Eastern part and the Eastern part of said farm including the land known as the "Little Meadow" outside of the "yard" fence as well as the two kitchen gardens and Peter shall take the Western side of the said new house with the furniture in said side and the western side of said farm. The land known as the "Yard" and the old dwelling house thereon, barns and erections thereon shall be used by them in common not being included in what is heretofore described as farm-land. The cellar in the "Yard" shall be for the exclusive use of Peter. There shall be a road from the Main road through the yard to and around the new dwelling house for the use and convenience of the occupiers of the house. Peter shall have the right of way by a car road through the Eastern land in the rear of the new house to the western land either by the old car track or wherever may be agreed on by the two brothers Peter and Thomas. To my son Thomas I will devise and bequeath the "Far Meadow" of the "Upper Farm" with the right of way reserved in devise to my son William and to my son Peter I will devise and bequeath the "Roadside Meadow" of the "Upper Farm" with the same right of way as Thomas. The coarse ground I will devise and bequeath to them as tenants in common for pasture and raising bog. In case either of my said sons Peter or Thomas dying without male issue the share of him so dying shall descend to the survivor of them and in case both shall die without male issue their share shall descent to my said grandson Charles son of William and in case of his death without male issue then to my said son William and after his death then to the next male heir. I will devise and bequeath to my said sons Thomas and Peter all my cows and heifers as tenants in common during the lifetime of their mother and on her death to deal with them as they think best. The Horse harness and one cart shall be the property of Thomas as Peter has a horse of his own. Peter shall have one harness and cart if he requests it. The carriages shall be the common property of Peter and Thomas. To my beloved daughter Mary I devise and bequeath the land to the westward of that occupied by my son William and known as Wards Farm during her life and after her death then to my sons Peter and Thomas share and share alike. In case they should divide Wards farm after Mary's death Peter shall take the southward and Thomas the northward end adjoining Peter Neville Junior. My said daughter Mary shall be entitled to her support and residence in the house I now occupy as heretofore and shall be supported and clothed by my said sons Peter and Thomas and in consideration of giving such support and clothing my said sons shall be entitled to the use and profits of said piece of land even during her lifetime but it is distinctly understood that the said Wards Farm is in the first place charged with the maintenance and support of Mary. Registrar.
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Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Sunday December 30, 2018)
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