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Will of John Walsh
St. Mary’s March 30th 1870. In the name of God Amen. I John Walsh of St. Mary’s being of sound mind and memory doth make this will my last will and testament declaring all former wills made by me null and void. I make this will in the following manner and form viz that all my funeral expenses and lawful debts be paid.
I have in lawful money the following namely
|In the Savings Bank||£1000.00. 0||curry,|
|In the Union Bank||840 ..00. 0||do.|
|Dollars in the house||600. 0||do.|
Out of this sum I bequeath to the following persons
The residue £335 or remaining sum of the above amt of £2440 after paying the above legatees to be given as follows for Masses, Headstone, funeral expenses &c. as the executors may deem fit. I leave and bequeath my dwelling house furniture &c. to my daughters Bridget & Elizabeth Walsh in conjunction with my sons Thos and Edward Walsh as long as they remain united but in case of a division or separation they are to be dictated and guided by the executors I further add that if Bridget or Elizabeth Walsh mary or leave she who leaves will have no claim on the aforesaid house or furniture.
With regard to my property in St. Mary’s consisting of lands, boats, seines &c. &c. and fishing room I bequeath the same to my beloved sons Thomas and Edward Walsh to have and hold said property in company for their use and profit as long as they hold together but if either said Edward or Thos Walsh disunite and wish the land separated the son so doing must be assisted by the other in building a suitable dwelling house on a convenient part of said land by the consent of the trustees then living
The balance or stock in trade now remaining in the house of Messrs. Jas & Wm. Stewart, Merchants, St. John’s Nfld consisting or amounting to a sum of about eight hundred and forty pounds which sum the said Thomas and Edward Walsh of St. Mary’s shall have the use of to carry on in company their trade and fishery and to assist in the support of their families. My daughters Bridget and Elizabeth Walsh to be supported & clothed out of this trade or business
I further more add the above mentioned trade or business shall be examined by the executors who will see that no dishonesty shall be done therein and carried on as usual under the style and title of John Walsh St. Mary’s
The room belonging to Mr. John Walsh lately occupied the late Wm. Walsh his son the part which is hired by Patrick Walsh for three pounds yearly is to be null and void when the said Patrick Walsh wishes to give up said rent owing to want of means to pay said rent but is to retain possession of property the remainder to be at the disposal of said Thomas and Edward Walsh with the consent of executors The said Room is never to be sold but kept in the family under rent I hereby appoint the following gentlemen to be my executors or trustees of said will and in witness thereof I hereby put my hand & seal this the thirty first day of March one thousand eight hundred and seventy in presence of the undermentioned gentleman,
John Walsh. Witness present We the undersigned executors appointed by Mr. John Walsh St. Mary’s have been present when the said John Walsh in our present signed and sealed and declared this his last will and testament.
Wm. Forristall, P.P., John Ryan C.C.
A codicil to this will. I John Walsh do further agree to extend Mr. Patrick Walsh’s bounds by giving him twenty yards more making the whole occupied by him forty five yards from Mr. Thos. Phelan’s bounds this I give to his wife Mary Walsh out of my sons William’s property and this shall also be my last will and testament written this day April 11th 1871.
John his X mark Walsh.
Witness present Wm. Forristall, I will give Widow Walsh 40s for the above.
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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