Will of James Whelan
from Newfoundland will books volume 6 pages 180-181 probate year 1894

Last Will and Testament of
James Whelan of Brigus
Gentleman deceased.

      This is the last will and Testament of me James Whelan of Brigus, Conception Bay. Gentleman.
First I give devise and bequeath unto my wife Mary Emma and to my daughter Anna the yearly interest of all monies belonging to my estate equally divided between them each and every year so long as my said wife remains unmarried, but in case my said wife marries again then her interest in my estate shall entirely cease.
Second on and after the death or marriage of my said wife all monies lands houses securities and all my real and personal estate of what kind or quality soever the same may consist of shall become the property of my said daughter Anna for her sole use and benefit clear of all control of her husband or of any other person or persons whatever, and at her death to become the property of the children of her body in equal shares she my said daughter during her life time having the privilege and power of selling the dwelling house and property in Brigus or any other property belonging to my estate or any part thereof at any time she may think it to her advantage and benefit to do so.
Third. In the event of my said daughter Anna dying unmarried or being married dying without issue my said wife being still alive and unmarried shall continue to receive the same yearly interest as before mentioned until the time of her death or marriage, and after her decease or marriage my daughter being dead, then my estate shall be divided as follows: that is to say The dwelling house that I now occupy with all the furniture and utensils therein together with all the grounds gardens and erections hereon or attached to and surrounding the said dwelling house and also the premises and property on the other side of the road by the pond side shall become the property of my niece Annie Whelan daughter of my brother the late Stephen Whelan for her sole use and benefit and clear of any control of her husband or of any other person or persons, provided that the said dwelling house and property shall not have been previously sold by my said daughter Anna. All my remaining estate to be equally divided between the surviving children of my said brother Stephen and the children of my sisters Susanna and Johanna share and share alike.
Fourth I hereby nominate and appoint my said daughter Anna as sole executrix of this my last will and Testament and revoke all previous wills by me at any time heretofore made and declare this writing to be my last will and Testament. In witness whereof I hereunto set my hand and affix my seal this Fifteenth day of April in the year of our Lord one thousand eight hundred and ninety one. (Sgd) James Whelan (LS) Signed by the said James Whelan the Testator in our presence on the day of the date thereof and we in his presence and in presence of each other at the same time subscribe our names as witnesses thereto. (Sgd) Patrick J. Power. Teacher. (Sgd) Moses Payne.

      I certify the foregoing to be a correct copy of the last will and Testament of James Whelan deceased

Registrar

(Listed in the margin next to this will the following)
Fiat
Jos I Little
J.
Probate
granted to
Anne Whelan
the Executrix
Dated
May 16 : 1894
Estate
Sworn under
$17,500.00