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A Collection of Newfoundland Wills
William Whelan


Will of William Whelan
from Newfoundland will books volume 3 pages 75 to 77 probate year 1868

In re
     William Whelan     deceased.

This is the last will and testament of William Whelan of Brigus Conception Bay in the Island of Newfoundland, Planter, I appoint Robert Brown of the Commercial Bank, St. John’s, John Wilcox, Stipendiary Magistrate of Brigus, and my two sons Stephen Whelan & James Whelan, executors of this my last will and testament, and I hereby revoke all former wills by me heretofore made and declare this to be my only last will and testament-

First, I give and bequeath to my two sons James & Stephen, my Brig "William" with all her tackle apparel and furniture, including sealing gear, punts, powder and shot and every other article belonging or in any wise appertaining to her-

Second, I order and direct that the net proceeds of the said Brig "William's" earning at the present seal fishery (after paying the expense of her outfit) shall be paid into my credit at the Commercial Bank-
Third- I give and bequeath to my aforesaid sons James & Stephen the following properties; all situate at Brigus aforesaid- to be equally divided between them share and share alike,     1st the dwelling house I now occupy with stores, wharfs, outhouses and all water privileges thereunto appertaining-     2nd The dwelling house at present occupied by the said James Whelan together with all outhouses, gardens and appurtenances thereunto belonging-     3rd, The property adjoining the same consisting of a large garden that I bought from Landy with all buildings and erections thereon-     4th, The farm situate on the old St. John's Road & which was also purchased from Landy-     5th The property at the Pond head now occupied by Wm. Munn and Mrs. Whelan, consisting of two houses & garden and meadow land adjoining-     6th The property near the long Bridge that I purchased from Edgar Sterling, consisting of stores and wharf, also certain water privileges and a garden adjoining-     7th All that property that belongs to me adjoining the premises of William Burke- all the before mentioned property to be for the sole use and benefit of my aforesaid sons James and Stephen.

Fourth, I give and bequeath to my son George the property that I bought from Stephen Percy consisting of a dwelling house, outhouses and gardens, all situate on the west side of the Road- but the waterside beach store and wharf belonging to that property I give to my aforenamed sons James and Stephen.

Fifth, I order and direct that my property situate at Bay Roberts shall be sold as soon as may be determined upon by my executors and the proceeds paid into the commercial Bank to my credit-

Sixth, I give and bequeath to my two aforenamed sons James and Stephen all my landed property situate at St. John's and which is at present under the management of Robert Prowse & Sons- consisting of a Cottage & grounds now occupied by Mr. Rogerson, a property called Foots Farm also Crown Cottage, and also property situated in Water Street- and any other landed property of mine, under the management of the said Robt- Prowse & Sons-

Seventh- I give and bequeath to my before named son George the sum of one thousand pounds- and I also order that all his necessary expenses while he is away at College for the next three years shall be paid for from my money in the Commercial Bank.

Eighth, I give and bequeath to my son James the sum of five hundred pounds.

Ninth, I give and bequeath to my son Stephen the sum of five hundred pounds.

Tenth, I give and bequeath to my daughter Johannah the sum of five hundred pounds.

Eleventh, I give and bequeath to my daughter Susannah Douse five hundred pounds.

Twelfth, I give and bequeath to my granddaughter Ann Maria Whelan one hundred pounds to be paid when she shall become of age.

Thirteenth, I give and bequeath to my granddaughter Annie (daughter of Stephen) one hundred pounds payable as soon as she become of age-

Fourteenth- I give and bequeath to my grandson William Douse of Prince Edwards Island one hundred pounds.

Fifteenth, The residue of my estate consisting of money, bank and water shares, debenture notes, Gas shares, shares in Vails Joint Stock Company, money at my credit at the Commercial Bank or at McBride & Co’s and all the residue of my effects & estate of whatever description and whereon situate, I give devise and bequeath unto my beloved wife Ann Whelan her administrators executors and assigns-

Sixteenth, I give and bequeath to my aforenamed son James all the sealing gear, punts &c. that belonged to the Brig "Alert".

Seventeenth, I give and bequeath to my aforesaid son James the balance of the "Alert's" account in McBride & Co's hands.

Eighteenth. I order and direct that my son Stephen should occupy my present dwelling house, and that James should occupy and enjoy his present residence. In witness whereof I have hereunto set my hand at Brigus in Conception Bay aforesaid this eighth day of March A.D. one thousand eight hundred and sixty eight-

William his X mark Whelan.     Signed by the said testator as his last will and testament having been first read over in his presence, in presence of, William Anderson, M.D.     J. Wilcox.

Codicil executed at Brigus March 8th, 1868. I hereby order and direct that the bequest of one thousand pounds to my son George named in this will shall not be paid to him until completion of his course of study in Canada, and should he not survive the said bequest to be equally divided between his brothers and sisters at that time living- I desire and order that my wife Ann, my daughter Johannah and my granddaughter Ann Maria should remain in the dwelling house with my son Stephen- I will & order that at the end of the present year the bequest to my sons Stephen & James as well as that to my daughter Johannah & Susannah Douse and to my grandson Wm Douse shall be paid by my executors- I give and bequeath to my son James & Stephen that part of Percy’s Island belonging to me, with all erections and water privileges belonging to the same.

William his X mark Whelan.     Signed by the testator as a codicil to his last will and testament having been read over to him- in presence of     William Anderson, M.D.     J. Wilcox.

Certified correct,
D. M. Browning



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 AST)

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