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Will of Michael Rourke
On the third day of March one thousand eight hundred and eighty I Michael Rourke of Holy Rood Conception Bay in the Island of Newfoundland do make this my last will and testament Firstly I give and bequeath unto my son Timothy and to son Michael all my land lying to the north east of the cart road running through my farm and extending from the fence on the north west side to the main line of road to the south east. And to the North west of said land I will that his south west boundary line be forty feet south west of his present stable thence running towards the seashore through the old garden through the center of the old sheeps house to the road and from the present gateway in the old meadow fence in a straight line to a tree standing out single in the meadow and to the street road, and also all that land lying to the north west of the street From the South West side of his present stage to my farthest north east boundary. The one third of all that land mentioned in my bequest to my son Timothy I will and bequeath to his son Michael the said Michael to have the north east part. I will that all the launches now made and in use are to remain forever for the use of my sons and their heirs. My large caplin seine lancebunt and purchase blocks are to be for the use of my three sons Michael, Timothy and John.
All my land lying to the south west of the cart road running through my farm from North West to the South East I will and bequeath to my two sons Michael and John to be equally divided between them, by a line running from the seashore to the main line of road leading from St. John’s. My son John to have the South West Part and bounded on the south west by McGrath’s place. My son John is to have a piece of cleared land sufficient to sow three barrels of potatoes in that land that I have bequeathed to my son Timothy for a term of not more than three years. I will that a road be made from the branch road leading by Hennessey’s, and to join the cart road running through my farm such road to be made and laid out in whatever part my three sons will think most convenient they can also take the soil off of said road conjointly and for their separate use.
I will and bequeath to my son John, half the schooner Fanny and all the gear and fishing gear connected with said vessel, so long as he will agree with my son Michael, but in case he will not agree my son Michael will then pay to my son John the sum of one hundred pounds in lieu of said schooner and gear. I will and bequeath to my son Michael all the buildings that is now erected on this land that I have bequeathed to my son Michael. And also carriage, cart, sleigh, horse, plough, and the barking kettle I will to be for the use of all.
I will and bequeath my money in the following manner, I will and bequeath to my daughter Anne Veitch, 60£. I will and bequeath to my daughter Mary Joy 60£ I will and bequeath to my son Laurence 10£ I will and bequeath to my grandchildren of Laurence 3£ I will and bequeath to my son Patrick 10£. I will and bequeath to my daughter-in-law Maria 10£ I will and bequeath to Revd Father Donnelly 3£ for the celebrate Masses for the repose of my soul and Mary’s soul I will to Revd J. O’Donnell and Revd. P. O’Donnell 1£ each for Masses. I will and bequeath to Revd W. Veitch 3£ for the same purpose, to Father Verica of Kelligrews 1£, Father Walsh of Brigus 2£ I will that Revd M. O’Donnell offer three High Masses for myself and Mary and Mrs. Crimmins deceased I will to my grandchildren of my son Michael Cecilia, Ellen, Mary and Honora 1£ each. I will to Mary Joy’s children 1£ each. I will to my son Michael my watch. I will to my grandchild Michael Veitch Matt’s bed, bedstead and bedding if my son do not come and demand it. I will that my son Timothy do give 25£ being the debt due on schooner Swift for to have High Masses offered for my soul, Mary’s, Anne Crimmins, Patrick Crimmins and Simon Hayes. I will that my son Patrick have the land he now occupy and forty feet additional to the north west the whole length of his present fence the north west side the main line of road I will to my granddaughter Cecilia the small bed that Matt had in College and to her sister Mary the bed that I now lie on to be theirs after their parents death. All parties connected with this estate shall bear a proportional part of cost of administration. I appoint James Joy and George Veitch both of Holyrood to be my executors. Given under my hand and seal the day and year above written. Michael his X mark Rourke (LS) Signed sealed and delivered in presence of us after being first read over and explained, James Joy, John Veitch, witnesses. Schedule I will and bequeath to my daughter Anne Veitch’s children 4£ I will to my son Timothy’s children 4£ I will to my son Patrick’s children 2£ I will to Presentation Convent Harbor Main 2£ I will that Patrick and Laurence be exempt from cost of administration Michael his X mark Rourke (LS) Witness, James Joy, John Veitch.
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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