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Will of Patrick Ryan
In the name of God Amen, The last will and testament of Patrick Ryan of TorBay in the District of St. John, Island of Newfoundland Farmer and Roomkeeper make this 15th day of August in the year of our Lord one thousand eight hundred and sixty nine. I Patrick Ryan being now in an advanced age of life but at the same time being in a sound and perfect state of mind memory and understanding and knowing that it appoinded for men once to die do hereby make this my last will and testament and dispose of my worldly substance in the following order while I have power and capacity to do so.,
First of all I do will and bequeath my soul unto Almighty God who gave it me and my body I leave to the management of my friends for decent interment.
Secondly I do will and bequeath unto my youngest son Martain my dwelling house household furniture (with the exception of one feather bed) which will be hereinafter mentioned, outhouses, carts, cars ploughs &c. and live stock consisting of one horse two cows and a sheep and lamb, together with my farm situate at TorBay aforsaid containing about twelve acres more or less and bounded on the north by a bye road leading to Richd Ryans and Lauc. Powers houses, on the east by land belonging to James Power, on the south by land belonging to my son James and on the westward side by land belonging to John Roche formerly belonging to Andrew Foley. All the above lot of land I do will and bequeath unto my son Martin to have and to hold and his heirs for ever on the following conditions that he my son Martin shall not have the power to let, sell, or mortgage the whole or any part of the said land to any stranger, but under circumstances he may dispose of it to any of his brothers but no one else. And further that he my son Martin shall pay unto his brother my son James Ryan the sum of twenty pounds currency in three instalments within the lapse of three years after my decease.
Thirdly, I do will and bequeath unto my two sons James and Martin aforesaid all that parcel and lot of land belonging to me situate between the two rivers at Freshwater and bounded on the eastward side by the road leading to Middle Cove and on the westward side by woodland and land belonging to James Whelan the said lot of land I do will and bequeath unto my two sons James and Martin, to have and to hold and their heirs for ever, and to divide the said lot between themselves as may suit each of them to the best advantage.
Fourthly I do will and bequeath my fishing room situate in Jessies Cove which I purchased some years ago as follows That the land part of it that is situated above the road at the Cove I do will and bequeath unto my son James To have and to hold the same and his heirs for ever And the fishing room or part at the water side I do will and bequeath unto my two sons James and Martin to occupy it between them and whatever rents may arise from the use of it (the water side premises,) shall be given to the Revd Father Troy or the Parish Priest of TorBay for the time being to pay him for saying Masses for the repose of my soul and my wifes Anns soul and the said monies shall be paid every year according as they shall be recd to the said P. Priest for the said purpose.
Fifthly I do will and bequeath that after my decease the fishing room which I now occupy hold possession of and pay rent for situate at the Beach Tor Bay aforsaid shall be regulated as follows between my three sons John, James and Martin that is that each of them shall hold the cod seine and cod seine boat that they are in possession of at present and that they may carry on the fishery on the said room jointly or severally as it may suit them But the Liver house and store erected on the said premises and all the appurtenances and machinery belonging to the cod liver manufactury I do will and bequeath unto my son Martin To have and to hold the same providing that he my son Martin shall pay the full rent of the room every year and that my two sons John and James shall have a free privilege of carrying on the fishery on the said room every summer as above stated In respect to the other boats belonging to the said room I do will and bequeath that each of my three sons John, James and Martin aforesaid shall hold whatever boat that each of do use or occupy at present or manage them between themselves as it may suit or advantage each of them. I do will and bequeath unto my daughter Mary Moury my feather bed which she shall take possession of immediately after my decease. Lastly I do will and bequeath that all the ready money belonging to me both in my house and in the Savings Bank that will remain after defraying my funeral expenses which must be carried out in a decent and respectable manner shall be divided in the following manner first to pay to the Revd Father Troy P.P. TorBay the sum of five pounds cy for saying Masses for the repose of my soul and the souls of my wife daughter and friends. Secondly I do will and bequeath unto my grand daughter Mary Ann Goss the sum of five pounds cy in respect to her mother- deceased. Thirdly I do will and bequeath that 17 pounds sterling shall be deposited in the hands of the Revd Edwd Troy P.P. Torbay for the following purpose that is to be sent home to New Ross to the heirs of Willm Culleton Brogus maker resident at the head of the main street nine pounds cy and Thos. Finn Brogue Maker also resident at the Buning opposite the church in the town of New Ross County Wexford Ireland The said nine pounds sterling is to be sent home to New Ross aforesaid to the heirs of William Culleton aforsaid as money due to the said Willm Culleton for money he paid for my passage and nine pounds to the heirs of Thos Finn for money he paid for my wifes passage from Ireland in the year 1815, That is 17 pounds sterling I do will and bequeath shall be deposited in the hands of the Revd Edwd Troy P.P. to be sent home for that purpose and if in case that the lawful heirs of Willm Culleton and Thos. Finn cannot be made out by the Parish Priest of of New Ross, as he shall be wrote to for that purpose, the aforsaid 17 pounds sterling shall be left to the management of the said Edwd Troy P.P. to be laid out for Masses Church Building or any other religious or charitable purposes and all for the benefit of the souls of the aforsaid Willm Culleton and Thos. Finn. Lastly In the money affairs I do will and bequeath that all the ready money belonging to me either in my house or in the Savings Bank that shall remain after paying the Revd. Edwd Troy my granddaughter Mary Ann Goss and the eighteen pounds sterling that shall be sent home to New Ross which in all will amount to twenty eight pounds, the remainder then shall be equally divided between my five sons Richard, John, Patrick, James and Martin and my daughter Mary Moiry to the very shilling which shall be settled and done by my executors immediately after my decease and when this my last will and testament shall be opened and read. In witness whereof I do hereby publish and declare this to be my last will and testament and do nulify and make void all other wills and testaments by me heretofore made and in the presence of the undersigned witnesses the day and year first above written, August 15th, 1869.
Patrick Ryan (LS) Signed sealed published and declared by me Patrick Ryan this to be my last will and testament in the presence of the undersigned witnesses, who in my presence and in the presence of each other and at my request do hereby subscribed their names the day and year first above written, Augt 15th 1869, John Hand, James Power, James Morey.
Codicil to the last will and testament of Patk Ryan of TorBay that he made in the month of August last, 1869. Whereas it is stated in the fifth clause of my will that my three sons John, James and Martin shall hold the same cod seine and cod seine boats that they were in possession of or fished with, but I do hereby further will and bequeath that neither the cod seins nor cod seine boats or any other boats shall leave the room on no account but must remain on the room until they are worn out or out of use. Given under my hand this 10th day of January 1870 in presence of the undersigned witnesses,
Patric Ryan. Witness present, John Hand, James Morey.
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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