
Presented by the
Newfoundland's Grand Banks Site
to assist you in researching your Family History
Click on the graphic below to return to the NGB Home Page
To contribute to this site, see above menu item "About".
These transcriptions may contain human errors.
As always, confirm these, as you would any other source material.
A Collection of Newfoundland Wills
(W)
Martin Walsh
|
Will of Martin Walsh
from Newfoundland will books volume 4 pages 370 to 372 probate
year 1885
In re Martin Walsh deceased.
In the name of God Amen. I Martin
Walsh of St. John’s Tidewaiter in Her Majesty’s Customs there do
make publish and declare this as and for my last will and testament
First. I give devise and bequeath to my executors hereinafter named
all my landed and other property and effects whatsoever (save and except the
property known as Walsh’s Town and hereinafter bequeathed to my wife) to
be by them and the survivor of them taken and held in trust for the uses and
purposes hereinafter mentioned. That is to say on trust in the first place to
pay and discharge all my just and lawful debts funeral and testamentary expenses-
Secondly. From and out of the rents issues and profits of my landed
estate and the interest upon my money in Banks and otherwise invested or to be
invested to pay to my sister Ellen Cole of St. John’s
aforesaid the sum of forty pounds British sterling equal to forty eight pounds
of Newfoundland currency per year for and during her natural life to be paid
to her half yearly and from and after the decease of the said Ellen Cole the
said sum shall be paid in equal proportions to and between her daughters Bridget
Cole and Kate
Power the share of each of the said daughters to be for her sole use
as separate estate and without power of anticipation and it is my will and desire
and I do hereby direct that if either of the said daughters Bridget or Kate shall
die without leaving issue her surviving that then and in such case the share
of the daughter so dying shall become and be the property of the survivor of
them, and should both of them die without leaving issue surviving then the whole
of the said sum shall be annually paid to Robert Cole-the son of my said sister
Ellen Cole. Also from and out of the same funds to pay to my sister Mary
Wyse of Waterford,
Ireland, for and during her natural life the sum of twenty five pounds British
sterling equal to thirty pounds of Newfoundland currency per year to be paid
to her half yearly and from and after her decease the same shall be paid in equal
proportions to and between the two daughters of the said Mary Wyse as separate
estate- also from and out of the same fund to pay the sum of twenty five pounds
British sterling - equal to thirty pounds of Newfoundland currency in equal proportions
to and amongst the children of my sister Bridget Whelan- Should any part or share of the said fund remain after payment of the said bequests
and of the commissions insurances and other payments herein directed to be made
out of it I will and direct that such part or share shall be annually paid to
the said Robert Cole for his own use and benefit and if after making the said
payments the residue of the said fund should not be sufficient to pay the aforesaid
bequests in full then the said residue shall be divided between the said legatees
in shares proportionate to the bequest to each-
Thirdly. I give devise and bequeath to my beloved wife Catherine for
and during her natural life the property known as Walsh’s town on the Signal
Hill Road in St. John’s aforesaid and from and after her decease the same
shall become and be the property of the aforesaid Robert Cole. Further I do will
and direct that during the lifetime of my said wife all water and sewerage rates
chargeable upon or to be paid in respect of the said Walsh’s Town or the
rents issues or profits thereof except such parts thereof as are or shall be
occupied by tenants chargeable with occupiers rates shall be by my said executors
paid out of the rents issues and profits of my landed estate to them left in
trust and the interest upon my moneys in Bank or otherwise invested or to be
invested, and also that my said executors shall during the lifetime of my said
wife keep the houses on the said Walsh’s town insured in some respectable
insurance Company in at least the sum of four hundred pounds currency and pay
the cost and premiums of such insurance from and out of the said fund-
Fourth I do hereby nominate and appoint my friends Robert J. Kent of
St. John’s aforesaid Queens Counsel and John Howley of
same place Gentleman executors of this my will and do hereby give to them full
power and authority to control and manage all the affairs and business of my
estate and from time to time as they may deem proper to sell and vary with the
discretion of absolute owners the securities in which my moneys are invested
and to substitute other securities therefor but they shall not have power to
mortgage, sell or otherwise dispose save by way of lease of any part of my landed
estate and as compensation to the said Robert J. Kent for the
trouble which he may have in and about the office of executor of this my will
I hereby give and allow to him yearly and every year a sum equal to five pounds
per cent upon the gross sum total of the annual rents issues and profits of my
said lands and of the interest upon my said moneys as they now are or at any
time hereafter may be invested and he shall further be entitled to have and receive
out of the said rents issues profits and interests the same professional fees,
costs, charges, and expenses as if he were not executor or trustee under this
my will. Lastly
I do hereby revoke and declare void all former and other wills by me made. Martin
Walsh. Signed published and declared by
the said testator as and for his last will and testament, in our presence, who
in his presence, and In the presence of each other have hereto signed our names
as witnesses at St. John’s aforesaid this 21st day of March
A.D. 1883,
Herbert E. Knight, Francis J. Morris.
Certified correct,
D. M. Browning
Registrar
| |
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)
Newfoundland's Grand Banks is a non-profit endeavor.
No part of this project may be reproduced in any form
for any purpose other than personal use.
JavaScript DHTML Menu Powered by Milonic
© Newfoundland's Grand Banks (1999-2024)
Hosted by
Your Community, Online!