Will of Joanna Fox from Newfoundland will books volume 5 page 637-643 probate year 1892

Last will and testament of Joanna Fox
of St. John's, Spinster deceased.

In the name of God Amen. I Joanna Fox of St. John's in the island of Newfoundland spinster do hereby make publish and declare this as and for my last will and testament.
First I direct that my just debts funeral and testamentary expenses shall be paid.
Second I give devise and bequeath to my nephew John Henderson all and whatsoever interest and share of which I am possessed or entitled to of and in the trade and business by him and others carried on in St. John's aforesaid under the style and firm of Hearn and Company and I do desire and direct that in the event of John F. Hearn son of my nephew the late James Hearn being at any time within three years after his return home from school desirous of entering the office of the said firm of Hearn and Company that the said John Henderson shall use his best exertions influence and interest to obtain and secure for him a permanent place and employment therein with such remuneration for his services as may be considered fair and just.
Thirdly. I give devise and bequeath to the president for the time being of the St. Vincent de Paul Society in St. John's the sum of one hundred dollars in trust for the use and purposes of the said Society.
Fourthly. I give devise and bequeath to the president for the time being of the Ladies St. Vincent de Paul society in st. John's the sum of one hundred dollars in trust for the use and purposes of the said Society.
Fifthly I direct that from and out of the profits or income of interest and share of the business of Hearn and Company to him bequeathed as above stated my said nephew John Henderson shall pay to my sister his mother Mrs. Kate Henderson the sum of two hundred dollars per year during the period of her natural life.
Sixthly From and out of the amount received and the sums due and payable under and by virtue of a Policy of Insurance on the life of ???? ??? the following sums shall be paid. To McNamara daughter of Austin MacNamara of St. John's the sum of ??? dollars, to the Superior for the time being of the School of the Christian Brothers in St. John's towards the education of the children of the poor of St. John's attending the schools of the Brothers the sum of four hundred and eighty dollars. To his Lordship the Roman catholic Bishop of St. John's in trust towards liquidating the debt due upon the building of the female orphanage at Belvedere near St. John's the sum of two hundred dollars. To the Superioress for the time being of the Convent of Mercy on the Military Road in St. John's in trust for the use and purposes of that Institution the sum of four hundred and eighty dollars. To the Superioress for the time being of the Presentation Convent at St. Patricks in St. John's West for the use and purposes of that Institution the sum of eighty dollars. To His Lordship the Roman Catholic Bishop of Harbor Grace in trust for the erection in the New cathedral there of a memorial window to the memory of my brothers the late John Fox and James Fox and of my father and mother James Fox and Alice Fox the sum of four hundred dollars. To the Parish Priest for the time being of Brigus in Conception Bay in trust for the erection in the said new Roman Catholic Church thereof a memorial window to the memory of the late Patrick Hearn. James Hearn. Thomas Joseph Hearn and John Fox Hearn the sum of four hundred dollars.
Seventhly. I give devise and bequeath to my niece Mrs. Bessie Longhnan daughter of my said sister Mrs. Kate Henderson all and each of the debentures of the government of Newfoundland bequeathed or left to me by my nephew the late Thomas Hearn and my niece the late Alice Hearn.
Eighthly except as hereinafter mentioned I give devise and bequeath to my said sister Mrs. Kate Henderson all my household furniture and effects to have and use the same for her natural life and after her decease I give devise and bequeath the same to my said niece Mrs. Bessie Longhnan.
Ninthly I give devise and bequeath to my said nephew John Henderson that desk which formerly belonged to my late nephew Thomas Hearn.
Tenthly. I give devise and bequeath to Mary Frances MacNamara daughter of the said Austin MacNamara a bed and bedding.
Eleventhly. I give devise and bequeath to the said John F. Hearn son of my said nephew James Hearn all my pointed books of every sort and description and also the barometer clock.
Twelfth. I direct that my horse harness and sleigh and all the outfit belonging to same shall be valued by some competent person to be named by my executors hereinafter mentioned and that my said nephew John Henderson shall have the first offer thereof at the valuation so arrived at and should he not take them at such valuation then the same shall be sold by public auction or private sale as to my executors shall deem best, and that the amount received whether from the said John Henderson or as the net proceeds of such sale shall be by my executors hereinafter named placed in the Newfoundland Savings Bank and paid to Mrs. Ellen Hearn of St. John's in three equal annual instalments towards the support of herself and her son the said John F. Hearn, such instalments to be paid half yearly if she so desires.
Thirteenth I desire that my shares in the Union Bank of Newfoundland shall be sold by my executors hereinafter named and out of the proceeds of such sale I will and direct that the following sums shall be paid. To Annie wife of Daniel Joseph Green of St. John's one of her Majesty's Consul the sum of six hundred dollars. To my Goddaughter Jane daughter of Michael Keefe of Cockrane Street in St. John's the sum of two hundred dollars. To my godson James son of the said Austin MacNamara the sum of two hundred dollars lodged in the said Savings Bank and ?????? when he attains the age of twenty one years ???? James H. Henderson the sum of five hundred dollars said sum to be held by my executors and by them paid to my said nephew in annual instalments of two hundred dollars each. To my friends the Venerable Archbishop William Forristal, the very Reverend John Scott and the very Reverend John Ryan all of St. John's the sum of forty dollars each. The Very Reverend Michael F. Howley Prefect Apostle of the West coast of Newfoundland the sum of forty dollars the very Reverend John Walsh of Portugal Cove in Conception Bay the sum of forty dollars and the Reverend Joseph V. Donnolly of Bay de Verde the sum of forty dollars. To my said niece Mrs. Bessie Loughnan the sum of six hundred dollars. The sum of five hundred and sixty dollars to be by my executors lodged in the said Savings Bank and by them paid out to the said Mrs. Ellen Hearn towards the support of herself and her said son John F. Hearn in annual instalments of eighty dollars each. Such payments to be made half yearly if she so desires, but no payment on account of this bequest shall be made until the payments under bequest number twelfth of this my will shall have been exhausted. To the president for the time being of the Cathedral altar Society in St. John's for the purchase of a suit of vestments for use in the said Cathedral and whatever else may be required for altar purposes there the sum of two hundred dollars. To the president for the time being of the altar Society at St. Patrick's Church in St. John's west for the purchase of a suit of vestments for use in the said church and whatever else may be required for altar purposes there the sum of two hundred dollars. To my nephew Charles Edward Fox now in India the sum of nine hundred and sixty dollars. To the president for the time being of the Dorcas Society in St. John's for the use and purpose of that Society the sum of one hundred dollars. To the president for the time being of the St. Vincent de Paul Society of St. John's for the use and purposes of the said Society the sum of one hundred and twenty dollars.
Fourteenth whereas there is due and owing to me by John T. O'Mara of St. John's druggist a sum of two hundred pounds currency payment of which is secured by a mortgage I do hereby forgive unto him all moneys which on account thereof may be due or owing to me from him or his estate at my decease for principal interest or otherwise howsoever, on condition however that he his executors or administrators do and shall pay to my executors the sum of twenty dollars per annum for a period of ten years after my decease said sums when so paid to be by my executors paid and applied for masses for the repose of my soul and the souls of Thomas Hearn Senior, Patrick Hearn, Mary Hearn, James Hearn, Alice Hearn, Thomas Joseph Hearn, John Fox Hearn and of my own dear father and mother James and Alice Fox.
Fifteenth To my servant Margaret Clance I give devise and bequeath the sum of eighty dollars and to my servant Mary Anne Clance the sum of fifty dollars over and above any wages which may be due to either of them.
Sixteenth. All my right and interest in that dwelling house, vaults, cellars, stores and premises on the south side of Water Street in St. John's and which formerly belonged to the estates of the late James Hearn and Thomas Hearn and which are now partly held and occupied by the said firm of Hearn and Company I give devise and bequeath to my said nephew John Henderson.
Seventeenth I give devise and bequeath to the aforesaid John F. Hearn the sum of two thousand dollars which sum I direct shall be paid by the said John Henderson in annual instalments of five hundred dollars each from and out of the interest or shares in the business of the said firm of Hearn and Company herein bequeathed to him, each of the said instalments shall ??? by the said John Henderson at interest in some good security for the benefit of the said John F. Hearns principal money and interest shall remain until the said John F. Hearns attains the age of twenty one years. If he should die before attaining that age then foregoing money and interest shall revert to and become the property of the said John Henderson.
Eighteenth. From and out of the said interest or share in the business of the said firm I will and direct that the said John Henderson shall pay to his Lordship the Bishop of St. John's the sum of two hundred dollars in trust for the use and purposes of the Female orphanage at Belvedere near St. John's.
Nineteenth I give devise and bequeath that piece of land on the Long Pond Road near Burtons Pond in the neighbourhood of St. John's to the said John F. Hearns son of my said nephew James Hearn but should he die before attaining the age of twenty one years then the said piece of land shall become and be the property in equal shares of the children of my said sister Mrs. Kate Henderson.
Twentieth I direct that should the said John F. Hearn die before the amounts bequeathed or left him and by the bequests twelfth and thirteenth of this my will towards the support of himself and his mother be expended as in the said bequests and each of them directed that then and in such case any amount of the said bequests or of either of them then remaining unexpended shall be equally divided amongst the children of the said Austin and Joanna MacNamara.
Twenty first. I give devise and bequeath the sum of three hundred and twenty dollars for masses for the repose of my soul. This to include one high mass and the remainder of the said sum to be equally divided amongst the priests of the Diocese of St. John's for the said masses.
Twenty second as regards the sum of money or amounts named in clauses Firstly, Thirdly Fourthly and twenty first of this my will. I will and direct that the several sums shall be by my said nephew John Henderson paid from and out of the interest or share in the business of the said firm of Hearn and Company herein before bequeathed to him and I do declare the said ????? to be charged on the said interests or ???? but with the right and option to the said John Henderson to pay off either or any of them or portions of either or any of them at any time within three years after my death but so that all of the said sums of money or amounts to be fully paid off at the end of the said period of three years from my decease.
Twenty third. To the Reverend Superioress for the time being of the Convent at Trepassey I give devise and bequeath the sum of eighty dollars in and for the use and purposes of that institution.
Twenty fourth. I do hereby nominate and appoint my said nephew John Henderson and my friend Robert J. Kent of St. John's solicitor as executors of this my will and lastly I do hereby revoke annul and declare void all wills by me heretofore made. Dated at St. John's this 27^th day of April Anno Domini 1892. (Sgd) Joanna Fox Signed by the said testatrix as and for her last will and testament on this and each of the seven preceding pages on the day and year above written in our presence, who in her presence and the presence of each other have hereto set our hands as witnesses. (Sgd) Robert J. Kent. (Sgd) John P. Kent
I certify the foregoing to be a correct copy of the last will and testament of Joanna Fox

Registrar

(Listed in the margin next to this will the following)
Fiat
A. Carter C. J.

Probate
granted to
John Henderson
of St. John's

Dated
Sept 2^nd 1892
Estate
sworn under
$35,000.00