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 313 to 315 probate year 1858
|Will of John Casey|
In re JOHN CASEY: DECEASED.In the name of God Amen. I John Casey of Saint Johnís in the Island of Newfoundland Farmer being of sound and disposing mind memory and understanding do make this my last will and testament in manner and form following, I give and bequeath unto my beloved wife Johanna all monies of which I may be possessed or entitled to at the time of my death except the sum of one hundred pounds sterling which I will and bequeath unto my dear granddaughter Johanna Casey. I give and bequeath all and singular the household furniture live stock farming implements and personal effects of whatsoever description or kind of which I may be possessed or entitled to at the time of my death (except monies which I have bequeathed as above) unto my said beloved wife Johanna and my son John Casey to and for their own use benefit and disposal. And I do hereby give devise and bequeath unto my said beloved wife Johanna and my said son John the dwelling house outhouses land and premises now in my occupancy together with all other houses and tenements thereon in possession of the several tenants leasehold and otherwise situate on Flower Hill in the vicinity of the Town of Saint Johns aforesaid the land and premises situate on the north side of Duckworth Street in the town of Saint Johns aforesaid, the land situate on the south side of Penny Well Road in the vicinity of the town of Saint Johns aforesaid the Farm situate on the north side of the Penny Well Road the land and premises situate on the south side of the Fresh Water Road in the vicinity of the town of Saint Johns aforesaid and extending in part to the Penny Well Road, and also the land on the south side of said Fresh Water Road west of the lot of land before mentioned To hold unto my said wife Johanna and my said son John who shall receive take and have the rents issues and profits thereof jointly during the lifetime of my said wife Johanna, and after her death then the said freehold lands dwelling houses farms and premises shall become the sole property of my said son John for ever and his child or children in such portion or portions as he the said John shall direct by will or otherwise hereby reserving the right unto the said John of making such provision for his wife should she survive him as he may deem expedient by will or otherwise, And I desire and direct that my said beloved wife Johanna and my said son John shall continue to occupy the dwelling house land and premises now in my occupancy during the life time of the said Johanna And further it is my will and desire that the freehold lands messuages tenements and hereditaments hereinbefore mentioned shall not during the lifetime of the said Johanna or the said John or by his heirs child or children be sold mortgaged or otherwise encumbered but that the same shall be disposed of only on reasonable leases, or from year to year or for any reasonable term of years and for the best rents that can be had for the same
And further I do direct and will that if the said John should die before the said Johanna then the said several premises lands messuages tenements and hereditaments shall be the sole property of the said Johanna, my wife for the term of her natural life, subject to the maintenance and education of the child or children of the said John and also the maintenance of his said wife and after the death of the said Johanna then to the child or children of the said John subject to a suitable provision for his said wife as long as she shall reside with the said child or children unmarried or to such other conditions as regards the provision to his said wife as the said John shall direct by will or otherwise. I hereby nominate and appoint my said son John sole executor of this my last will and testament hereby revoking and making void all other wills at any time heretofore made by me hereby declaring this to be my last will and testament.
In witness whereof I have hereunto set my hand and seal this ninth day of December in the year of our Lord one thousand eight hundred and fifty three.
John Casey (LS)
Signed sealed and delivered by the within named John Casey as and for his last will and testament in the presence of us
Samuel Carson, Geo. Jas. Hogsett, John OíMara.
Certified correct, D. M. Browning