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A Collection of Newfoundland Wills
(T)
Katherine Tobin

 

Will of Katherine Tobin
from Newfoundland will books vol 11 pages 188 to 190 probate year 1918
(The court clerk's handwriting for this will was very difficult to decipher.)

In re Katherine Tobin       deceased

I Katherine Tobin at present residing at 13 Brompton Square in the County of Middlesex Spinster hereby revoke all former wills Codicils and testamentary instruments made by me and declare this to be my last will I appoint my cousin Charles Murphy of Ladypirell(?) Brewery Cork and Director the Leinster and Munster Bank Executor and Trustee of this my will I bequeath to my cousins Mrs. Ernest Maude of 29 Emperors Gate South Kensington and Mrs Eleanor Leahy of 48 Egerton Gardens South Kensington aforesaid in equal shares and free of duty all my Silver now stored at my Bank and all my articles whatsoever of personal or domestic or household use or ornament but in case the said Mrs. Ernest Maude shall predecease me then I bequeath her share to her son Robert Maude and in case the said Mrs. Eleanor Leahy shall predecease me then I bequeath her share to her daughter Kitty Leahy I bequeath the following legacies all free of duty that is to say: To the Reverend Edward Stephen Crewse of the Oratory South Kensington or in case he shall predecease me then to the person who at my death shall be or shall act as the Superior for the time being of the Oratory aforesaid the sum of two thousand pounds for his absolute use and benefit To the person who at my death shall be or shall exercise the administrative jurisdiction of the Roman Catholic Archbishop of St. John's Newfoundland the sum of one thousand pounds for his absolute use and benefit To Miss Creagh(?) daughter of Pierce Creagh(?) of Limerick the sum of one thousand pounds to the said Mrs. Ernest Maude or in case she shall predecease me then to the said Robert Maude the sum of one thousand pounds To the said Mrs. Eleanor Leahy or in case she shall predecease me then to the said Kitty Leahy the sum of one thousand pounds To my cousins Mrs. Florence Wilson of 8 Queens Terrace Windsor one hundred pounds To Miss Katherine M. Kierans and Marian Hurley one hundred pounds each but in case either of them shall predecease me then her said legacy of one hundred pounds is to go to the survivor of them. To my cousins Marian Donovan and to her sister Kathleen both of Seafield Tralee and to their sister Agnes Dinan Formerly Agnes Donovan of Lyndhurst Limerick the sum of one thousand pounds each. To my friend Miss Margaret Fagen(?) of 13 Pond Place Fulham(?) Road London the sum of one hundred pounds To the person who at my death shall be or act as the Superiors of the Convent of Nazareth House Hammersmith Road in the County of Middlesex one hundred pounds for the general purposes of the institution To the person who shall be at my death or shall act as the Superiors Carmelite Convent of Anglia County Galway one hundred pounds for her own absolute use and benefit I give and bequeath all my real and moveable property of whatsoever tenure and including leaseholds situate at St. John's or elsewhere in Newfoundland aforesaid to the said Charles Murphy or other the trustees or trustee for the time being of this my will [hereinafter referred to as my trustee] for all my estate and interest therein Upon Trust to sell the same and to lend and manage the same in the meantime with the same discretionary powers as to the time and mode of sale and otherwise in relation thereto and as to letting and managing the property as if my trustee was absolute owner thereof and to give effectual receipts, for the purchase money and rents thereof And upon further Trust to hold this property and the rent proceeds of such sale and the net rents and receipts as part of and upon the Trust's hereinafter declared concerning my residuary estate I give and bequeath all the real and personal property whatsoever and wheresoever of or to which I shall be seized possessed or entitled to at my death or over which I shall then have a general power of disposition by will but except property otherwise disposed of by this my will or any codicil hereto unto and to the use of my trustees Upon Trust that my trustee shall sell and convert the same into money in the manner aforesaid and shall out of the moneys to arise from the sale and conversion of or forming part of my residuary estate pay my funeral and testamentary expenses and debts and the legacies bequeathed by this my will or any codicil hereto and the duty on any legacy bequeathed free of duty. And shall hold this residue of the said monies as to one-third part thereof In Trust for the said Mrs. Ernest Maude or in case she shall predecease me then in Trust for her said son Robert Maude and as to one other third part thereof In Trust for the said Mrs. Eleanor Leahy or in case she shall predecease me then In Trust for the said Kitty Leahy, and as to the remaining one-third part thereof In Trust for the said Charles Murphy and in case he shall predecease me then In Trust for all his children who shall survive me and who being male attain the age of twenty one years or being female attain that age or marry, and if more than one in equal shares In witness whereof I have hereunto set my hand this fourteenth day of March one thousand nine hundred and twelve - Katherine Tobin. Signed by the testatrix Katherine Tobin as and for her last will in the presence of us both being present at the same time who at her request in her presence and in the presence of each other have hereunto subscribed our names as witnesses John Philip Munster 1 Grays Inn Square London Solicitor Alex Wilkinson Clerk to Witham Koskell Munster & Weld 1 Grays Inn Square London Solicitors.

Correct Charles H. Emerson
Registrar of the Supreme Court of Newfoundland.

(Listed in the margin next to this will the following)
Fiat
Oct 14/18
Kent J.
Resealed
Oct 15/18

 

 

Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written 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, Alana Bennett, Wendy Weller and Eric Weller

REVISED: October 22, 2001 (Ivy F. Benoit)

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