Will of Hon. John Rorke Senior
from Newfoundland will books volume 6 pages 305-308 probate year 1896

Last Will and Testament of
John Rorke of Carbonear
Merchant deceased.

      This is the last will and Testament of me John Rorke of Carbonear in the Island of Newfoundland Merchant. After the payment of all my funeral and testamentary expenses.

1^st I will devise and ordain that my beloved wife Mary Rorke shall have hold occupy and enjoy full possession of my dwelling house furniture and effects therein contained together with all barns and outhouses thereunto appertaining as also the use benefit and produce of the garden meadow land and field adjacent as well as all my horses cows and live stock of any description whatsoever for and during the remainder of her life, nevertheless and upon this condition that my son John Rorke may and shall be permitted to reside in the dwelling house and to enjoy the furniture and effects therein as long as he may so desire. Moreover I will and ordain that my beloved wife shall have such further maintenance and support from my estate as shall be necessary for her full and proper comfort and use.

2^nd To my daughter Mary Lord widow of James Lord now resident in Albany in the state of New York U.S.A. I will and bequeath the sum of one dollar in as much as my said daughter has during my life time had a full share of my property.

3^rd. To my son Charles Rorke who has been absent for many years from Newfoundland I will and bequeath the sum of one dollar.

4^th. To my daughter Elizabeth Goodison widow of the Rev. John Goodison and now residing in Carbonear aforesaid I will and bequeath the sum of Twelve hundred dollars I also will devise and ordain that my said daughter Elizabeth shall occupy either the store house adjacent to my shop and now occupied by my son James or the dwelling house now occupied by me so long as she shall remain a widow or shall so desire.

5^th To my daughter Jessie Forsey wife of the Rev. George Forsey of Detroit state of Michigan U.S.A. I will and bequeath the sum of Twelve hundred dollars.

6^th To my daughter Margaret McDougall wife of John McDougall of St. John's in the Island of Newfoundland Merchant I will and bequeath the sum of sixteen hundred dollars.

7^th To my daughter Sophia Hill wife of the Rev. Anthony Hill now of Freshwater Conception Bay I will and bequeath twenty four shares of one hundred dollars each in the Newfoundland Boot and Shoe Factory of St. John's, moreover, I desire that the above bequests shall be a first charge upon my estate and shall be paid within six months after my decease.

I give and bequeath my gold watch with the chain guard and appendages to my grandson John Rorke son of James.

Item I give and bequeath the piano now in my dwelling house to my grandchild Mary Tosque Rorke daughter of James

Item. I give and bequeath to my Grandson James Rorke son of James all my shares in the Anglo American Telegraph Company amounting in script value to sixty pounds sterling together with my writing desk and any other little articles that I have been accustomed to make personal use of.

• To my sons John Rorke and James Rorke I will and bequeath the dwelling house in which I at present reside together with the outhouses stables and buildings connected therewith, as also the gardens and fields thereunto belonging. Also the livestock implements and sundries thereunto belonging together with the furniture, pictures, books and effects contained in the said dwelling house with the exception of certain articles hereinbefore mentioned to be by them equally and mutually enjoyed, my said sons John and James to come into possession of the dwelling house and property aforesaid not until after the death of my beloved wife Mary Rorke, who during her lifetime is to have management and control of the same as hereinbefore provided. Should my son John Rorke die without lawful issue I will and ordain that the above properties shall pass to my son James Rorke or his lawful heirs for his or their sole use and behoof.
• To my beloved sons John Rorke and James Rorke I will devise and bequeath all that property situated near my dwelling house and consisting of shops, offices and dwelling house built of stone, wharf and two stores, together with all my stock in trade, goods, provisions, fixtures, and furniture therein contained and of any nature whatsoever also all my book debts liabilities and moneys whether on the premises or in the bank:
• Item. All those premises situated near the old Church Hill in Carbonear and formerly owned and occupied by the firm of Tosque and Levi and including wharf stores garden and the Eastern half of the double house situated on the stone wall:
• Item, the premises purchased from Joyce Bros. and consisting of shop and office built of brick, stores, garden etc etc as per bill of sale duly registered:
• Item, a field situated on a hill overlooking Carbonear and purchased from one William Harding:
• Item a piece of land formerly occupied by Mrs. Elson as a country residence:
• Item all my premises situated at Francis Harbour, Labrador, together with everything thereunto appertaining.
• Item all my premises at Venison Island Labrador with everything thereunto appertaining:
• Item all boats, nets, seines, traps, stores, provisions, fishing requisites, gear, stock in trade or property whatsoever belonging to me and on or near the coast of Labrador:
• Item a triangular strip of land situated near the Carbonear Methodist Grammar School and east of Joyce's field:
• Item all money being or likely to be in the hands of my English agents C. H. Bennett and Co. of Bristol, England, and belonging to me at the time of my decease:
• Item all stocks, shares, money or moneys, property or properties not hereinbefore mentioned and of which I may die possessed. All the above mentioned properties I will devise and bequeath to my sons John Rorke and James Rorke to be by them equally enjoyed and possessed. Should my son John Rorke die without lawful issue I will and ordain that his share or interest in these properties shall pass to my son James Rorke or his lawful heirs for their sole use and benefit.

And finally it is my will and desire that the business heretofore conducted by me shall be carried on and continued under the name of John Rorke and Sons by my sons John Rorke and James Rorke for the term of three years after my decease for their sole and mutual use and benefit in equal shares, and for such further time as they may decide upon and if such extension of time be mutually agreeable to my said sons

I appoint Alfred Penney of Carbonear, Merchant and John Alexander Robinson of Carbonear Schoolmaster to be Executors of my will and I hereby revoke all prior testamentary dispositions and declare this to be my last will and Testament. In witness whereof I have hereunto set my hand this eighteenth day of January in the year of our Lord one thousand eight hundred and ninety two. (Sgd) John Rorke. Signed by the said Testator John Rorke as and for his last will and Testament in the presence of us, present at the same time, who at his request in his sight and presence and in the presence of each other have subscribed our names as attesting witnesses. (Sgd) Robert Penney (sgd) Willis L. Penney -

Codicil

This is a codicil to the last will and testament of me John Rorke of Carbonear in the Island of Newfoundland Merchant which will bears date the eighteenth day of January A.D. 1892 whereas by my said will I have appointed John Alexander Robinson of Carbonear Schoolmaster to be one of the executors thereof and whereas the said John Alexander Robinson is about to leave the District of Carbonear, I am desirous that James Guy Senior of Carbonear Blacksmith shall be substituted as an executor of my said will in the place of the said John Alexander Robinson. Now therefore I do hereby appoint the said James Guy to be one of the executors of my will in the place of the said John Alexander Robinson and I do hereby declare that my said will shall be construed and take effect throughout as if the name of the said James Guy had been inserted in my said will instead of the said name of the said John Alexander Robinson. In witness whereof I have hereunto set my hand this third day of September in the year of our Lord one thousand eight hundred and ninety two. (Sgd) John Rorke. The foregoing paper writing on the other side hereof was signed by the Hon. John Rorke as and for a codicil to his last will and Testament in the presence of us, who at his request in his sight and presence and in the presence of each other have subscribed our names as attesting witnesses. (Sgd) Willis Penney. (Sgd) Geo. A. Bemister.

      I certify the foregoing to be a correct copy of the last will and Testament and Codicil of John Rorke deceased

Registrar

(Listed in the margin next to this will the following)
Fiat
F.B.T. Carter
Ch. J.
Probate
granted to
Alfred Penney
& Jas. Guy
the Executors
Dated
Oct. 8: 1896
Estate
sworn under
$100,500.00

This building is still standing