Transcribed by Judy Benson & Ivy Benoit. While I have endeavored to be as correct as humanly possible, there could be
some typographical errors
Newfoundland will books volume 12 pages 492-493 probate year 1923
John J. Mullaly|
In re: JOHN J. MULLALY. DECEASED.
This is the last Will and Testament of me, John J. Mullaly of St. Johnís in the Island of Newfoundland, Master Cooper.
1. I hereby revoke all former or other wills made by me and appoint Edward Leo Carter of St. Johnís, Barrister, and my wife Sarah to be jointly Executor and Executrix of this my last Will and Testament.
2. I hereby give devise and bequeath all my personal property and effects including household furniture, monies, investments securities, cooperage stock and other personalty of whatsoever kind after payment therefrom of my funeral and testamentary expenses to my wife Sarah for her sole use and benefit.
3. I give and bequeath to my said Executor and Executrix the freehold property as No. 136 Bond Street IN TRUST for my said wife for her life if she shall so long remain my widow and upon her death or remarriage IN TRUST to sell the same and pay the proceeds of such sale, one half to the Belvidere Orphanage, St. Michaelís Convent, and from the other half to pay the sums of Two hundred dollars each to the Rev. Dr. Carter The Rev. D. OíCallaghan and The Rev. Fr. Pippy, Roman Catholic Priests of the Arch Diocese of St. Johnís to be used for Masses in their discretion for the souls of my father, Michael Mullaly my mother Bridget Mullaly, my brother William, my deceased wife Tryphena, my wife Sarah and myself. The balance of the proceeds of such sale shall go into and form part of the residue of my estate.
4. I give and bequeath all other lands and houses or other real property whereof I may die possessed to my said Executor and Executrix IN TRUST for the use and benefit of my wife for her life if she shall so long remain my widow and upon her death or remarriage IN TRUST to sell the same and pay the proceeds as follows:
(A) To my sister Mary, wife of Anderson McKeen of St. Johnís the sum of Five hundred dollars. (B) To Mrs. Jane Duffy, wife of Andrew Duffy of St. Johnís the sum of One thousand dollars. ( c) To Mrs. Elizabeth MacMullen, wife of Daniel MacMullen of Halifax, Nova Scotia the sum of Five hundred dollars Provided that if either of the legatees named in the preceding sub clauses should die before my wife then the bequest to such legatee shall lapse and the amount bequeathed shall be and form part of the residue of my estate. (d) The residue of the proceeds of such sale and of my estate to be divided equally among my nephews and nieces, William P. Catherine, Joseph, Mildred Zita and Theresa, all at present of Omaha, Nebraska U.S.A. children of my late brother William Mullaly or such of them as shall then be living.
5. My said Executors shall so far as any funds in their hands will reasonably permit, and in default of such funds my said wife shall so far as her means will reasonably permit keep and maintain the house wherein my said wife has a life interest hereunder, in good repair (ordinary wear and tear alone excepted in order to protect the interests of the reversioners so far as reasonably may be, but not so as to deprive my said wife of means necessary for her maintenance and support.
Dated this 2nd day of February A.D. 1923. J.J. MULLALY.
Signed by the said Testator as and for his last Will and Testament in the presence of us, both present at the same time, who at his request in his presence and in the presence of each other have hereto subscribed our names as witnesses. The name Mildred having been first inserted in the 18th line of the 2nd page hereof.
F.W. Knight. E.L. Carter. Solicitor.
William F. Lloyd
Registrar of the Supreme Court of Newfoundland
(Listed in the margin next to this will the following)
Fiat Dec 18/23
to Edward L.
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