Transcribed by Judy Benson
While I have endeavored to be as correct as humanly possible, there could be some typographical errors
Newfoundland will books volume 2 pages 87 to 89 probate year 1851
|Will of Dennis Sullivan|
In re DENNIS SULLIVAN. DECEASED.(This name is spelled Dennis and Denis in the will and Denis in the Will Index)
In the name of God amen, I Dennis Sullivan of Saint John*s in the Island of Newfoundland Shop-keeper, do hereby make this my last will and testament in manner following, that is to say,
First, I give, devise and bequeath all my freehold and leasehold lands and tenements, with the houses and buildings thereon and the appurtenances thereto belonging to my beloved wife Catherine Sullivan to have and to hold the same and the rents issues and profits thereof for and during her natural life.
Secondly, that after the death of my said wife, I will and bequeath all my said freehold and leasehold lands tenements and premises with the buildings thereon and the appurtenances thereto belonging in manner following that is to say, To my affectionate daughter Joanna for her sole separate and exclusive use and benefit all that piece or parcel of land and premises being the western part of the field purchased by me from John Grady and Michael Qualey situated on the north side of the Pokeham Path Road commencing at the south west angle of said field and running along the said road in an easterly direction two hundred and seventeen feet, thence by a line running north from the said Road to the road leading to the Lazy Bank Road and measuring along the road leading from Pokeham Path to Lazy Bank Road one hundred and fifteen feet to the eastern angle of John Daley*s ground, thence to the said place of common cement and also the houses and tenements built by the said Grady and Qualey upon the said land with the appurtenances thereto in any wise belonging.
Thirdly And I give and devise and bequeath unto my affectionate son Daniel the remaining portion of the said field purchased by me from said Grady and Qualey and being the eastern part thereof together with all the houses and erections thereon and which said piece of ground is bounded as follows, on the north by the road leading from the said Pokeham Path to the Lazy Bank road, on the south and on the east by the said Pokeham Path Road and on the west by the land hereinbefore bequeathed unto my said daughter Joanna.
Fourthly, I give devise and bequeath unto my said daughter Joanna two dwelling houses and the land and appurtenances thereunder and therewith used by the tenants immediately south of the dwelling house which I now occupy on New Gower Street in St. John*s aforesaid during the unexpired term of the lease thereof to have and to hold the same for her sole, separate and exclusive use and benefit.
Fifthly, I give devise and bequeath unto my said son Daniel the house and ground thereunder which I now occupy and the ground used therewith and all other ground adjoining the same and the houses and erections thereon held by me on lease (save and except the ground and two houses hereinbefore bequeathed as aforesaid to my said daughter Joanna) and that my said son shall be liable for the whole of the ground rent of the whole of my said land and premises in New Gower Street.
Sixthly, I give devise and bequeath unto my said son Daniel and his heirs a field or piece of ground belonging to me situate on the west side of the Lazy Bank Road and held by me under a Government grant and bounded on the north by land in the possession of Timothy Flannery, on the east by the Lazy Bank road, on the south and west by land belonging to John Funcheon.
Seventhly, I give devise and bequeath all the rest residue and remainder of my property, furniture moneys and effects to my said wife Catherine for her sole use and benefit. And it is my further will and desire that my daughter Joanna and her heirs shall pay for the celebration of five Masses annually and my said son Daniel and his heirs shall also pay for the celebration of five Masses annually for the repose of my soul.
Provided always that should it so happen that my said daughter Joanna should die without leaving lawful issue surviving her, then it is my will and desire that the portion of property hereinbefore bequeathed to her shall go to my said son Daniel and his heirs. And if my said son Daniel should die before my daughter Joanna without leaving lawful issue surviving him, it is my will and desire that the portion of my property hereinbefore bequeathed to him shall go to my daughter Joanna for her sole separate and exclusive use and benefit. But in the event of either of them leaving a lawful child or children surviving him or her respectively the share of such one so dying and leaving such child or children shall go and vest in said child or children for their sole use and benefit, upon their attaining respectively the age of twenty one years, and during their minority they shall receive the rents thereof respectively. And it is further my will and desire that none of the freehold or leasehold property herein bequeathed shall at any time be sold, mortgaged or in any way encumbered or disposed of except on lease, for a reasonable term of years or from year to year for the best rents that can be obtained therefor.
And lastly I hereby revoke all former wills by me made and do nominate and appoint my said wife Catherine Sullivan executrix and John Casey, the younger, executor to this my last will and testament and I hereby constitute and appoint the said John Casey Trustee for my said daughter and the property hereby bequeathed to her and that the same after the death of my said wife shall vest in him his heirs and assigns upon trust at all times to permit and suffer my said daughter to receive and take the rents issues and profits of the lands houses and premises hereby bequeathed to her for her sole separate and exclusive use and benefit and free and clear of the control of any other person whomsoever, and after her decease for the use of her lawful children as aforesaid if any there should be but subject in all other respects to the terms of this will.
In witness whereof I the said Dennis Sullivan have hereunto set my hand and affixed my seal at Saint John*s aforesaid this twenty seventh day of August Annoque Domini one thousand eight hundred and fifty one.
Dennis Sullivan (LS)
Signed sealed published and declared by the said Dennis Sullivan as and for his last will and testament in the presence of us who at his request and in his presence have subscribed our names as witnesses hereto "and his heirs" having been written on an erasure on the third page hereof.