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Will of Thomas Whelan
St. John’s January 19th 1870
1st, I Thomas Whelan do by the following declare this to be my last will and testament viz- I leave to Catherine Whelan Senior my wife and to Catherine Whelan my daughter the house on corner of Prescott street No. 90 together with what goods and furniture that is in house and store in or on the premises No. 1758 Noads plan of town. The children Anne and Elizabeth and Mary to continue in the house as they are at present without any wages.
2nd To Anne Whelan my eldest daughter I bequeath of that house No. 16 east of Prescott Street that is east end of said house in Lane No. 1759 Noads plan of Town together with the store on said ground and while Mrs. Whelan my wife requires said store she is to pay £2 - 14 currency to the said Anne Whelan per year rent I also leave to the said Anne Whelan they sum of sixty pounds currency in my executors hands and also my lever watch and silver chain No. 2137 and also one feather bed and bedding.
3rd Also to Elizabeth my daughter I leave the house No. 14 next to corner house in lane east of Prescott Street West end of said house No. 1759 Noads plan of town. And as long as Mrs. Whelan my holds the lower story of said house she is to pay £2-10 currency as rent to the said Elizabeth Whelan per year.
3rd I leave also to the said Elizabeth Whelan the sum of sixty pounds currency on my executors hands together with bed and bedding.
4th I leave to Mary Whelan my daughter the rent of house No. 92 Prescott Street No. 1757 Noads plan now occupyed by Patrick Summer ground rent £2- 8 currency per year and also the rent for liberty of keeping she per year. I also leave on the executors hands the sum of thirty pounds currency for said Mary Whelan together with said rent and interest of said thirty pounds to be at the disposal of my wife during her life and should my wife Mrs. Whelan die the aforesaid Mary Whelan to be entitled to the above sum of thirty pounds vested in the executors hands. And after Mary Whelan’s demise to be the property of the aforesaid Mrs. Whelan her heirs or assigns. The executors to put this money in Bank or to the best advantage for the children To the Rev. Thomas McGrath £3. cy. to the Revd John Conway p.p. £2. Cy, To the Sisters of Mercy £1. cy.
Thomas Whelan, Witness, David Ellis, William Ryan, Patk Daley.
A Codicil, St. John’s, N.F.Land, February 1st A.D. 1870. From expenses attending my long sickness I do hereby make change in my former will viz- my daughter Anne and Elizabeth Whelan is to receive no rent for house or store from my wife Mrs. Whelan for the term of four years. And also the thirty pounds and rents of Patrick Summers house bequeathed to my daughter Mary Whelan to be at the disposal of Mrs. Whelan for the aforesaid term of four years
Thomas Whelan, Witness, David Ellis, Thomas Ryan. I also appoint the Revd Thomas McGrath and William Ryan my executors and that they will deposit in Bank the 1st day of April 1870 Sixty pounds each to Anne and Elizabeth Whelan as aforesaid in my will. Thos. Whelan Feb 4, 1870, Witness David Ellis.
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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