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Will of Mary Whelan
In the name of God Amen, I Mary Whelan of St. John’s Widow being of sound and disposing mind memory and understanding but being weak of body do make and ordain this as and for my last will and testament hereby revoking all other and former wills testaments or codicils made by me and first after the payment of all my just debts funeral and testamentary expenses I will devise and bequeath unto my executors hereinafter named the dwelling house and premises and all my estate right title and interest therein in which I now reside, Number two hundred and seventy-four Water Street, St. John’s aforesaid and all the household furniture, beds, bedding and stock or other goods and chattels whatsoever now therein in trust to hold the same and apply the profits use and benefit fo the same to the sole and separate use of my beloved daughter Mary Ann Villeneuve free and clear of the debts control liability or interference of her present or any future husband which she may have Provided that my said executors shall not have power to sell or encumber by mortgage or otherwise the said dwelling house and premises And I hereby give unto my said daughter Mary Ann Villeneuve power and authority to dispose of all of the said bequest by will and in case she should die intestate or without issue living at the time of her death or descendants of her issue, if any, then the said house and premises shall become the property of my sons James Whelan and John Whelan as tenants in common and not as joint tenants share and share alike.
Secondly I will devise and bequeath unto my said executors in trust all that dwelling house shop and premises Number two hundred and sixty Water Street St. John’s aforesaid and all my right title and interest therein to take and apply the issues profits rents and profits thereof to the use of my said son James Whelan, And I also command and direct my said executors not to sell or encumber by mortgage or otherwise the said dwelling house and premises,
Thirdly I will devise and bequeath to my said son John all my right title and interest in the house shop and premises adjoining the house in which I now dwell, provided that he shall not have power to sell or mortgage the said premises or otherwise encumber them-
Fourthly I will and devise and bequeath to my said executors all my estate right title and interest in and to those dwelling houses situate on Duckworth near Chapel Lane in trust Firstly and as a first charge thereon to pay out of the prof rents thereof the sum of three pounds each and every year to the Roman Catholic Bishop of St. John’s that Masses may be celebrated for the eternal happiness of the souls of my beloved husband John Whelan, my son William Whelan and my own- three pounds per year to my daughter Ann Breen if the said houses will afford it after paying the above charge and the remaining profits of the same to my daughter Mary Ann Villeneuve free and clear of the debts control liability or interference of her present or any future husband which she may have And I hereby nominate and appoint my friends John English and Thomas O’Mara as the executors of this my last will and testament. In witness whereof I have hereto set and subscribed my hand and seal the 15th day of March A.D. eighteen hundred and seventy three-
Mary her X mark Whelan (LS) Signed sealed and declared in presence of us who in the presence of the testatrix and in each other’s presence sign as attesting witnesses,
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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