NLGenWeb Wills

Avalon South Region ~ St. John's District

St. John's - Will of Joanna Fox (1892)
This will was read, recorded and transcribed by SUSAN SNELGROVE, December 1999. While I have endeavored to be as correct as humanly possible, there could be some typographical errors. 

Will of Joanna Fox of St. John's, 1892

In the name of God, Amen.

I Joanna Fox of St. Johnís 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 all 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 Johnís 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, influences 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. Johnís, 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. Johnís, 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 profit and income of interest and share of the business of Hearn and Company, to heirs 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 out of the amount received as the sum due and payable and by virtue of the policy of insurance on the life of the late Mrs. Ellen Lyddy, deceased, I will and direct that the following sums shall be paid:

To Joanna, widow of Austin MacNamara of St. Johnís, the sum of four hundred dollars.

To the Superior for the time being of the Community of the Christian Brothers in St. Johnís, towards the education of the children of the poor of St. Johnís attending the schools of the Brothers, the sum of Four Hundred and Eighty Dollars.

To His Lordship, the Roman Catholic Bishop of St. Johnís in trust towards liquidating the debenture upon the building of the female orphanage at Belvedere, near St. Johnís, the sum of Two Hundred Dollars.

To the Superiors for the time being of the Convent of Mercy on the Military Road in St. Johnís in trust for the use and purposes of that institution, the sum of Four Hundred and Eighty Dollars.

To the Superiors for the time being of the Presentation Convent at St. Patrickís in St. Johnís West, for the use and purposes of that institutions, the sum of Eighty Dollars.

To His Lordship, the Roman Catholic Bishop of Harbour Grace in trust for the erection in the next 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 Alix Fox, the sum of Four Hundred Dollars.

To the Parish Priest for the time being of Brigus of Conception Bay, in trust for the erection in the new Roman Catholic Church there, of 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 Loughlan, daughter of my 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, Joanna Henderson, all my household furniture and effects to have and use the same for and during her natural life and after her decease, I give, devise, and bequeath the same to my said niece, Mrs. Bessie Loughlan.

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 printed 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 executor hereinafter mentioned and that my said nephew, John Henderson, shall have the first offer thereof of the valuation then the same shall be sold by public auction or private sale as to my executors shall seem 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. Johnís, in three equal annual installments towards the support of herself and her son the said John F. Hearn. Such installments 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. Johnís, one of her Majestyís Counsel, the sum of Six Hundred Dollars.

To my Goddaughter, Jane, daughter of Michael Keefe, of Cochrane Street in St. Johnís, the sum of Two Hundred Dollars.

To my Godson, James, son of the said Austin MacNamara, the sum of Two Hundred Dollars, this sum to be placed by my executors in the said Savings Bank and paid to my said Godson, when he attains the age of twenty one years.

To my nephew, James H. Henderson, the sum of Six Hundred Dollars. This sum to be held by my executors and by them paid to my said nephew in annual installments of Two Hundred Dollars each.

To my friend, the Venerable Archdeacon William Forristat, the Very Reverend John Scott, and the Very Reverend John Ryan, all of St. Johnís, the sum of Forty Dollars each.

The Very Reverend Michael F. Howley, Prefect Apostolic 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. Donnelly of Bay de Verde, the sum of Forty Dollars.

To my said niece, Mrs. Bessie Loughlan, 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 installments 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 executed.

To the President for the time being of the Cathedral Altar Society in St. Johnís, 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. Patrickís Church in St. Johnís 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 St. Vincent de Paul Society at Harbour Grace 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. OíMara of St. Johnís, Druggist, a sum of Two Hundred pounds currency payment of which is secure by a mortgage, I do hereby forgive unto him all monies 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 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 sum 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 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 Ann Clance, the sum of Fifty Dollars, over and above any wage which may be due to either of same.

Sixteenth All my right and interest in that dwelling house, vaults, cellars, stores and premises, on the south side of Water Street in St. Johnís, and which formerly belonged to the Estate 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 said John F. Hearn, the sum of Two Thousand Dollars, which sum I direct shall be paid by the said John Henderson, in annual installments 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 installments shall be by the said John Henderson placed at interest in good security for the benefit of the said John F. Hearn, to whom the whole amount of principal money and interest shall be paid when he attains the age of twenty one years. But should he die before attaining that age, then the said principal 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 direct that the said John Henderson shall pay to His Lordship, the Bishop of St. Johnís, the sum of Two Hundred Dollars, in trust for the use and purposes of the female orphanage at Belvedere near St. Johnís.

Nineteenth I give, devise, and bequeath that piece of land on the Long Pond near Burtonís Pond in the neighbourhood of St. Johnís to the said John F. Hearn, son of my said nephew James Henderson. 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 in and by the bequests Twelfth and Thirteenth of this my Will, toward 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. Johnís for the said Masses.

Twenty-Second As regards the sum of money or amounts named in Clauses Firstly Ė Thirdly Ė Fourthly Ė and Twenty First of this, my Will, I will and direct that these 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 hereinbefore bequeathed to him and I do declare that said sums of money or amounts and each of them to be charges on the said interest or share but with the right and option to the said John Henderson to pay off either of any of them, or portions of either or any of them, within three years after my decease, but so that all the said sums of money or amounts shall be fully paid off at the end of the said period of three years from my decease.

Twenty-Third To the Reverend Superiors for the time being of the Convent of Trepassey, I give, devise, and bequeath the sum of Eighty Dollars in trust, 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. Johnís, Solicitor, as executors of this my Will and Lastly, I do revoke annul and declare void all Wills by me heretofore made.

Dated at St. Johnís this 27th Day of April, Anno Domini 1892.

Signed 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 hand as witnesses, the Interpretation of words ďand of my father and mother James Fox and Alice FoxĒ having been final made on the second page thereof.

Robert J. Kent
John Kent

This Will signed April 27, 1892
Value of Estate: $35,000

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