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Will of Timothy O'Brien
from Newfoundland will books volume 7 pages 249-251
probate year 1903
The last Will of Timothy O'Brien
late of St. John's Shopkeeper, deceased.
In the name of God. Amen. This is the last
will and Testament of me Timothy O'Brien of St. John's in the Island of Newfoundland,
Shopkeeper.
Firstly. It is my will and desire that my executors hereinafter
appointed shall pay all my just debts, funeral and testamentary expenses. Secondly.
It is my will and desire that my executors hereinafter appointed as aforesaid
shall after my death sell and dispose of by private or public auction all my
houses lands and property of which I shall die possessed save and except my
farm at Freshwater, and shall deposit the proceeds realized from the sale thereof
in the Newfoundland Savings Bank or to the purchase of Government Debentures
or invest the said money to the best possible advantage in some safe and secure
investment or investments as to my said executors shall seem best. Thirdly.
The interest accruing from the said investment or investment shall be and become
the property of my said wife for and during the term of her natural life should
she survive me. Fourthly. It is my will and desire that should my
said wife decide to enter a convent or religious order then and in such case
she is to have the sum of Four thousand dollars from the amount so invested
to enable her to do so. Fifthly. In the event of my said wife entering
such religious order or if she do not enter such religious order then upon
her death it is my will and desire that my executor shall transfer and pay
over the rest residue and remainder of my said estate with the exception of
four hundred dollars to the then Roman Catholic Bishop of St. John's, to be
devoted by him in four equal parts, namely, to the repairs and maintenance
of the Roman Catholic Cathedral, St. John's. St. Patrick's Church, Riverhead,
St. Michael's Orphanage, Belvedere, and the orphanage (Boys) at Mount Cashel,
share and share alike. Sixthly. With regard to the disposition of
the Four hundred dollars above reserved from the residue of my said estate
I hereby authorize my executors to pay over after my wife's death or upon her
entering a convent if she so decides the said sum of four hundred dollars to
the Bishop of St. John's, to be devoted by him to the defraying, in part, of
the expenses of the education for the priesthood of some worthy young man to
be named and nominated by the said Bishop of St. John's. Seventhly.
With regard to my farm at Freshwater now occupied by my brother Michael I will
and desire that he hold the same for his lifetime and that of his wife in trust
for their two sons Thomas and Patrick who, after the death of their father
and mother shall become joint owners of the farm.
Eighthly. The bequest
to the Roman Catholic Cathedral, St. John's, and St. Patricks Church, Riverhead,
is conditioned on the understanding that the said Bishop and his successors
in office will cause yearly the celebration of Holy Mass or Masses for the
repose of my soul and the souls of my father and mother and my late wives. Lastly.
I hereby revoke and declare null all other and former wills that may have been
made by me and I hereby nominate and appoint my said wife Mary Joseph
O'Brien and John Sullivan Esquire Superintendent of the Newfoundland Constabulary to
be executrix and executor of this my will.
Dated at St. John's this
10th day of January A.D. 1903. Timothy his x mark O'Brien -
Signed
by the said Testator as and for his last will and testament in our presence
who at his request in his presence and in the presence of each other have hereunto
subscribed our names as witnesses the same having been first read over and
explained and agreed to by him in every particular. John Sullivan F.
J. Morris
I certify the foregoing to be a correct
copy of the last will of Timothy O'Brien
D. M. Browning
Registrar
(Listed in the margin next to this will the following)
Fiat
Feb 3 03
Emerson J.
Letters of Probate
granted on the
6th day of Feby
1903 to the Exor.
Est. Sworn at
$9,000.00
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