NL GENWEB

Transcribed by Judy Benson & Ivy Benoit. While we have endeavored to be as correct as humanly possible, there could be some typographical errors

 


 
Will of John Kelly from Newfoundland will books volume 2 pages 441 to 448 probate year 1861

In the name of God Amen.    John Kelly deceased.

In the name of God Amen, I John Kelly of Saint Johnís in the Island of Newfoundland Victualler do hereby declare the following to be my last will and testament.

First:     I will and desire that as soon after my decease as shall be practically convenient my executors hereinafter named shall out of my assets and effects pay and defray all lawful debts then due by me or my estate.

Secondly, I give devise and bequeath to my son William Kelly and his assigns the land dwelling house and premises I now live in fronting on Water Street and which I hold under lease for a term of years, and I also give devise and bequeath to my said son William Kelly his heirs and assigns for ever, all that house land and premises fronting on said street in St. Johnís and running back therefrom northerly to Duckworth Street and now occupied by Mr. Bernard Duffey and which I hold as freehold property, I also give and bequeath to the said William Kelly his heirs and assigns all those two pieces or parcels of land situate on or near the Fresh Water Road bounded on the south by said Road on the north by the back Road to Fresh Water on the east by Glebe land and on the west by land of the late Mr. John Murphy and also all houses on said two pieces of land.

Thirdly I give and devise to my said son William Kelly his heirs and assigns all my farm land and premises with the houses thereon adjoining the residence of the Hon. Laurence OíBrien and fronting on the road thereto and on a stream running thereby and bounded on the east by Friendly Hall farm I also give and bequeath to the said William Kelly and his assigns all my leasehold estate and interest in that piece of land with the appurtenances fronting on the Long Pond Road and bounded on the east by a stream of water running from said Pond and which piece of land I hold by lease from Stephen Richardson.

Fourthly, I give devise and bequeath to my said executors hereinafter named all that dwelling house land and premises fronting on Water Street in Saint Johnís extending back from said street northerly to Duckworth Street and fronting thereon about twenty feet and which dwelling house and premises are now occupied by Mr. James J. Graham to hold the same to my said executors in trust for the sole and exclusive use and benefit of my beloved daughter Margaret now married to the Hon. Robert Kent and to her heirs and assigns for ever free and clear of the control or disposal of her husband.

Fifthly, I give devise and bequeath to my said executors all that dwelling house land and premises fronting south on Water Street aforesaid bounded on the east by premises in possession of Mr. Scott and on the west by premises next hereinafter mentioned and which dwelling house land and premises hereby bequeathed are now occupied by Mr. Power to have and to hold the same to my said executors in trust for the sole and exclusive use and benefit of my said daughter Margaret her heirs and assigns for ever free of the control or disposal of her husband.

Sixthly, I give devise and bequeath to my said executors all that land and premises fronting on Water Street aforesaid now occupied by Mr. Fling and the houses and premises there which are to the west of the premises last above bequeathed to have and to hold the said land tenements and premises so occupied by the said Mr. Fling unto my said executors in trust for the sole and exclusive use and benefit of my beloved daughter Catherine Walsh wife of Michael Walsh, free and clear of his control, interference or disposal or of that of any other husband she may at any time have.

Seventhly, I give devise and bequeath to my said executors hereinafter named all that piece of land tenements and premises situate on the south side of Duckworth Street fronting thereon about twenty feet and being between said street and Water Street and which piece of land and premises are now occupied by Mr. Flaherty Baker as my tenant for a term of years and I also give devise and bequeath to my said executors all the land tenements and premises adjoining the land last aforesaid and occupied by the tenants of my daughter, Mary Donnelly and built by her fronting on Duckworth Street to have and to hold the said two several pieces of land tenements and premises with the appurtenances seventhly above bequeathed to my said executors in trust for the sole and exclusive use and benefit of my said daughter Mary Donnelly her heirs and assigns for ever free and clear of the control of her husband.

Eighthly, I give devise and bequeath to my said executors all that piece of land and premises fronting on Water Street aforesaid bounded east by the premises occupied by Mr. Graham and on the west by premises occupied by Mr. Edward Brennan and which piece of land and premises front about twenty three feet on Water Street and run back to the rear northerly about eighty feet and are now occupied by Mr. John Blunden to have and to hold the same to the said executors in trust for the sole and exclusive use and benefit of my daughter Mary Donnelly wife of John Donnelly and to her heirs and assigns free and clear of the control interference or disposal of her husband-

Ninthly, I give devise and bequeath to my said son William Kelly and his assigns the land houses and premises I hold under lease for a term of years from Mr. Snelgrove situate on the west side of the land leading from Duckworth Street to Gower Street and nearly opposite land owned by the estate of the late Patrick Doyle to hold the same for the residue of my term of years therein-

Tenthly I give devise and bequeath to my said executors all that piece of land tenements and premises I formerly purchased from the late A. Hogsett situate to the north and west of the Parade Ground in St. Johnís and in the rear of Fort Townsend fronting on the road to Fresh Water on the one side and on the road to the Catholic Cemetery on the other side to have and to hold the said piece of land tenements and premises to my said executors in trust for the sole and exclusive use and benefit of my grand daughter Ellen Donnelly daughter of my said daughter Mary Donnelly and John Donnelly free and clear of the control interference or disposal of any husband the said Ellen shall at any time have.

Eleventhly, I give and bequeath to my said executors the sum of five hundred pounds sterling money of the said Island to hold the same in trust for the exclusive use and benefit of my beloved daughter Mary Donnelly wife of the said John Donnelly free and clear of the control or interference of her husband which sum of money is part of a Debenture.

Twelfth I give and bequeath to my said executors the sum of three hundred pounds of like sterling money to hold the same for the sole and exclusive use and benefit of my daughter Catherine Walsh, wife of Michael Walsh, free and clear of his control or disposal or of any other husband she may at any time have which said sum is a further portion of said Debenture.

Thirteenth I give and bequeath to my said executors the sum of two hundred pounds of like sterling money to hold the same for the sole and exclusive use and benefit of my daughter Margaret free of the control or disposal of her husband which sum is the balance of my debenture.

Fourteenth, I give devise and bequeath to my brother Thomas Kelly his heirs and assigns all that piece of land and premises belonging to me near Monday Pond adjoining Darby Merriganís premises and which John Walsh formerly occupied containing about sixteen acres in the vicinity of St. Johnís.

Fifteenth, having taken stock or shares in the Union Bank of Newfoundland to the amount of five hundred pounds currency and having paid up to said Bank the one half thereof, it is my will and desire that my said executors shall pay up the residue of the sum of two hundred and fifty pounds which sum of five hundred pounds currency I give and bequeath to my son William Kelly his executors administrators and assigns.

Sixteenth, I give and bequeath unto my said son William Kelly and his assigns all my shares right title and interest which I now have or shall hereafter have in or to the Water Company of St. Johnís and in all property thereof.

Seventeenth, I give and bequeath to the Right Reverend Doctor Mullock Roman Catholic Bishop of the Diocese of Saint Johnís in the said Island and to his successors therein the sum of one hundred pounds currency, for Masses for myself my late wife and my son James Kelly deceased.

Eighteenth. I give and bequeath to the Right Reverend Doctor Mullock the sum of fifty pounds currency in trust for the use and benefit of the Presentation Convent near the Cathedral in St. Johnís.

Nineteenth, I give and bequeath to the Right Rev. Doctor Mullock, the sum of Fifty pounds currency in trust to aid in the completion and decoration of the Catholic Cathedral in St. Johnís.

Twentieth, I give and bequeath to my said daughters Margaret and Mary all my household furniture beds bedding and moveable property that may be in my dwelling house at my death for their own free use and disposal.

Twenty first, I give and bequeath unto my son William Kelly and his assigns all such debts as shall be due to me at my death on account of goods or meat sold and delivered.

Twenty second, I give and bequeath unto my said son William and his assigns all the land and premises with the houses thereon situate near Carters Hill and Mrs. Cooks ground in St. Johnís, and which I hold by lease from M. Branscombe for a term of years my said son paying all rent therefore that shall become due thereon.

Twenty third, I give and bequeath to the Right Rev. Doctor Mullock in trust the sum of fifty pounds currency for the use and benefit of the Sisters of Mercy in the Convent of Mercy near the Cathedral in St. Johnís.

Twenty fourth, I give and bequeath to the said Right Rev. Dr. Mullock in trust the sum of two hundred pounds currency to be equally divided and paid to the respective Catholic Priests resident and officiating in St. Johnís at the time of my death, for Masses for the good of my soul.

Twenty fifth, I give and bequeath to my servant Mary Flood, the sum of fifty pounds currency.

Twenty sixth, I give and bequeath to Joannah Coady servant of Mary Do0nnelly, the sum of fifty pounds currency.

Twenty seventh, I give and bequeath to Mary Brien, wife of Thomas Brien, the sum of fifty pounds currency to be taken by her and used free of the control or disposal of her husband.

Twenty eighth, I give and bequeath to Thomas Kelly my brother the sum of one hundred pounds currency.

Twenty ninth, I give and bequeath to the Right Rev. Doctor Mullock the sum of fifty pounds currency for the use and benefit of the Catholic Orphanage and the children therein under the charge and care of the Sisters of Mercy.

Thirtieth, I give and bequeath to my said executors the sum of one hundred pounds sterling in trust for my said daughter Margaret wife of the said Robert Kent to be taken by her in addition to the bequests hereinbefore made in her favor clear of the control or disposal of her husband.

Thirty first, I give and bequeath to my executors the sum of one hundred pounds currency in trust for my grandsons John Donnelly and William Donnelly sons of my daughter Mary Donnelly to be equally divided between them.

Thirty second, I give and bequeath to my executors the sum of one hundred pounds currency in trust for Mary Donnelly my granddaughter and daughter of my daughter Mary Donnelly.

Thirty third, I give and bequeath to my executors the sum of one hundred pounds currency in trust for my grand daughter Ellen Donnelly daughter of Mary Donnelly my daughter.

Thirty fourth, I give and bequeath to my executors the sum of one hundred pounds currency in trust for the use of my grandson Joseph Donnelly the son of my said daughter Mary Donnelly. Thirty fifth, I give and bequeath to my executors the sum of one hundred pounds currency in trust for my grandson James Kent son the said Robert Kent.

Thirty sixth, I give and bequeath to my executors the sum of one hundred pounds sterling in trust for the use and benefit of my said daughter Catherine Walsh, wife of the said Michael Walsh free and clear of the control of any husband she may have in addition to the bequests already made in her favor.

Thirty seven, I give and bequeath to the Very Rev. Kyran Walsh of Harbor Main in Conception Bay the sum of one hundred pounds currency for Masses for the good of my soul.

Thirty eight, I give and bequeath to the Very Rev. Father Clarey of Witless Bay the sum of fifty pounds currency for Masses for the good of my soul.

Thirty nine.     I give and bequeath to the Rev. Edward Trey P.P. of Torbay the sum of Fifty pounds currency to aid in the completion of the new Catholic Church in course of erection in that place.

Forty, I give and bequeath to the Rev. Thomas OíConnor of Portugal Cove the sum of fifty pounds currency for Masses for my soul.

Forty one, I give to the active members of the Society of Saint Vincent de Paul in St. Johnís the sum of fifty pounds currency, for the most deserving poor in St. Johnís.

Forty two, I give to the Benevolent Irish Society in Saint Johnís the sum of fifty pounds currency in aid of its funds.

Forty Three, I give to my executors the sum of fifty pounds currency for the use of my grandson James Donnelly, son of Mary Donnelly.

Forty four, as to all and singular the remainder of my monies, bank and other stock, goods, chattels, real and personal not hereinbefore disposed of I give bequeath and devise the same to my said son William Kelly for his own use and benefit and I do hereby constitute him my residuary legatee of the residue of all my said monies Bank and other stock credits goods chattels real and personal not hereinbefore disposed of. Forty five, I do hereby appoint the Honorables Robert Kent Patrick Kough William Kelly and John Little executors of this my last will and testament hereby revoking all former and other wills made by me-     In witness whereof I the said John Kelly have hereunto set my hand and seal at St. Johnís aforesaid this third day of April Anno Domini one thousand eight hundred and sixty one (A.D. 1861)     John his X mark Kelly (LS)     Signed sealed and declared by the said John Kelly as and for his last will and testament in our presence (having been first duly read over to him) Jno Little, Patk Kough.

I the aforenamed John Kelly do add the following as a codicil to the foregoing will that is to say Whereas by requests Numbers twelve and thirty six in the foregoing will contained I have left the sum of four hundred pounds sterling for the use of my daughter Catherine Walsh wife of Michael Walsh which sum of money I direct my executors to have invested at interest in good Government securities and thereout annually to pay her the interest to accrue due thereon for her exclusive and sole use and benefit free of the control or disposal of her husband and that she shall not at any time be entitled to receive any portion of the said principal sum of Four hundred pounds sterling, but only the interest as aforesaid during her lifetime and after her decease that said sum of money shall be equally divided by my said executors between the then surviving child or children of the said Catherine Walsh share and share alike.     I give and bequeath to my said executors in trust the sum of one hundred and fifty pounds currency for the use of John Kelly, Mary Kelly and Margaret Kelly, children of my son William Kelly, to be equally divided to and among them share and share alike and to be paid out of the residue of my estate assets and effects.     I give and bequeath to the Rt. Rev. Dr. Mullock in trust the sum of fifty pounds cy for the use and benefit of the Presentation Convent at River Head in St. Johnís to be paid out of the residue of my estate assets and effects.     I declare the foregoing to be a part of my last will and testament.     Dated the third day of April A.D. 1861.     John his X mark Kelly.     Signed and declared by the said testator on the day and year aforesaid in our presence having been first read over to him.     Jno. Little,     Patk Kough.

I John Kelly the within named testator do hereby declare the following to be an additional codicil to the within will- that is to say-     I give and bequeath to the Rt. Rev. Dr. Mullock in trust the sum of fifty pounds currency to and for the use of the College of St. Bonaventure in St. Johnís in the Island of Newfoundland-     Dated the 3rd day of April A.D. 1861.     John his X mark Kelly.     Signed in presence of us having been first read over to testator. Jno. Little.     Patk. Kough.

Whereas by the within and annexed will and codicils thereto I John Kelly have left to the Right Rev. Dr. Mullock in bequest No. 17 one hundred pounds currency for Masses;     in bequest No. 24 two hundred pounds for the Catholic Clergy in st. Johnís at my death for the same purpose to the Very Rev. Kyran Walsh in bequest No. 37 one hundred pounds cy for a like purpose, to the Very Rev. Father Cleary in bequest No. 38 fifty pounds for a like purpose, to the Rev. Edward Troy in bequest No. 39 fifty pounds for the Torbay Chapel;     to the Rev. Thomas OíConnor in bequest No. 40 fifty pounds for Masses; to Thomas Kelly in bequest No. 28 one hundred pounds;     to the Right Rev. Dr. Mullock in bequest No. 18 fifty pounds for the Presentation Convent-     to the Right Rev. Dr. Mullock in bequest No. 23 fifty pounds for the Convent of Mercy;     to the Catholic Orphanage in bequest No. 29 fifty pounds;     to Mary Flood in bequest No. 25 fifty pounds, to Joannah Coady in bequest No. 26 fifty pounds; to the Right Rev. Dr. Mullock in the first codicil to said will fifty pounds for the Presentation Convent at River Head to the right Rev. Dr. Mullock in codicil No. 2 to said will fifty pounds for St. Bonaventureís College-     And whereas I have thought fit to pay off and liquidate the said legacies or bequests to the said respective legatees named in said bequests and have done so for the quiet of my mind before my death the same being so done I do hereby revoke and annul said bequests Nos. 17-24-37-38-39-40-28-18-23- 29- 25- 26- and the said bequests to the Rt. Rev. Dr. Mullock in said codicils for the Presentation Convent at River Head and the said College as contained in said will and codicil and I do hereby declare this to be a codicil to said will hereby confirming the same in all other respects except the bequests as revoked as aforesaid-     As witness my hand and seal this ninth day of June A.D. 1861-     John his X mark Kelly (LS)     Signed sealed published and declared by the said John Kelly as and for a codicil to his said will in our presence, Jno. Little.     Robert Kent.

Certified correct,
D. M. Browning
Registrar


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