Transcribed by Judy Benson & Ivy Benoit. While we have endeavored to be as correct as humanly possible, there could be some typographical errors
Newfoundland will books volume 2 pages 406- 407 probate year 1861
|Will of Catherine Byrne|
Catherine Byrne deceased.
In the name of God Amen. I Catherine Byrne of St. Johnís in the Island of Newfoundland, Widow, of the late Matthew Byrne deceased, do hereby make the following as and for my last will and testament.
1. I will and desire that after my death, my executor hereinafter named shall pay all lawful debts due by me.
2. I give and devise all my lands, houses and premises in St. Johnís in said Island to the Reverend Kyran Walsh his executors, administrators and assigns, in trust for ever, for the following uses and purposes, that is to say, that he and they out of the rents, issues and profits that shall be realised from time to time out of my dwelling house and land in St. Johnís and in which I now reside near Fort William shall repair and keep said dwelling house in good tenantable repair in all time to come and also that he or they shall keep said dwelling house insured in some approved Fire Insurance office in a sum not less than three hundred pounds currency a year from time to time And also out of said rents issues and profits to pay all assessments and charges that may accrue due from year to year in respect of said house land and premises and thereafter appropriate and pay the residue of such rents issues and profits of said house land tenements and premises to His Lordship the Rt. Rev. Doctor Mullock Catholic Bishop of St. Johnís from year to year during his lifetime and Episcopal charge of the Diocese of St. Johnís in the said Island, and to his successors in said Diocese in all time to come for him and them from year to year in perpetuity, to have and cause to be celebrated two High Masses in each and every year for the good of the soul of my deceased husband Mathew Byrne and for the good of my soul- And should there be any balance of said rents issues and profits thereafter, remaining in the hands of my said trustee his executors or administrators from year to year that he or they shall pay and apply such balance from year to year to and for Masses for the good of the souls of my deceased parents, Patrick Nowlan and Ann Nowlan in perpetuity.
3. I give and bequeath the sum of five pounds currency to each and every of the Roman Catholic Clergyman that shall be residing and officiating as such in St. Johnís in said Island at the time of my death.
4. And as to the rest residue and remainder of all my other lands, tenements, goods, chattels, monies, and effects that shall belong to me at my decease, and wheresoever situate and being, I give and bequeath the same to my said trustee his executors and administrators in trust for him or them to divide the same into three equal parts and to pay and apply the same and the proceeds thereof from time to time and year to year in equal proportions towards the support of the Nuns in the Presentation Convent near the Catholic Cathedral in St. Johnís and the Nuns in the Convent at River Head and of the Nuns in the Convent of Mercy near said Cathedral.
5. I solemnly enjoin my said Trustee and executor and his executors, administrators and assigns that neither he nor they nor any one for them shall at any time sell or mortgage my said dwelling house and land.
6. I do hereby revoke all former wills and codicils made by me.
7. I do hereby appoint the said Reverend Kyran Walsh trustee and executor of this my last will and testament. Dated at St. Johnís the seventeenth day of January A.D. 1857. Catherine her X mark & seal Byrne (LS) Signed sealed published and declared by the said Catherine Byrne as her last will and testament in our presence on the day and year last aforesaid all which we attest (the same being first read over to her and approved of by her before us, John Little, Edward Roach.
D. M. Browning