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 Margaret Hierlihy from Newfoundland will books volume 4 pages 232 to 235 probate year 1883
Margaret Hierlihy deceased.
This is the last will and testament of me Margaret Hierlihy of the City of Halifax in the County of Halifax and Province of Nova Scotia Spinster.
1. I hereby appoint William Howe of Halifax aforesaid Esquire Q.C. sole executor of this my will.
2. I direct that all my debts funeral and testamentary expenses shall be paid as soon as possible after my decease.
3. I leave to my said executor or to any person charged with the administration of my estate the sum of two hundred dollars for the purpose of erecting a suitable monument on the spot at the Three Mile House Churchyard where lie the remains of my late mother Hannah Hierlihy and my two sisters Cornelia Jane and Eliza Hierlihy in memory of my said mother sisters and myself and also for the keeping in order our said place of interment.
4. I direct my said executor or other person administering my estate in Nova Scotia to pay the legacies following that is to say- To the Old Ladies Home in this City the sum of eight hundred dollars. The Orphans Home, Richmond, Halifax, the sum of eight hundred dollars. The Colonial and Continental Church Society at Halifax, the sum of two hundred & fifty dollars. The Deaf and Dumb Asylum Gottingen Street Halifax, the sum of six hundred dollars. The Poor of the Parish of St. George Halifax to be paid to the Rector for the time being the sum of four hundred dollars. To Augusta and Cornelia Ogden, daughters of my cousin Mrs. Augusta Ogden of Antigonish, Nova Scotia, the sum of three hundred dollars each. My Cousins N.W. White Esquire, Barrister and his sister Cornelia White, the sum of two hundred dollars each. My friend Miss Caroline James the sum of one hundred dollars. Miss Agnes P. Howe youngest daughter of my said executor the sum of one hundred & fifty dollars.
5. Should the assets of my estate prove insufficient to pay the above legacies in full I desire that they may be abated rateably.
6. As my said executor, William Howe, has managed the business and affairs of my late mother’s estate for many years, as her executor, without charge, and has also advised and assisted my late sisters and myself professionally and otherwise, without charge in various business matters, I give and bequeath to him in respect of his said services, and in lieu of commissions on my mother’s estate and my own, the sum of one thousand two hundred dollars, and this bequest is not to abate in case of deficiency of assets, nor shall the same lapse in case of his death before me but the same shall be paid to his executors or administrators for the purposes of his estate. 7. I hereby direct all my real estate in St. John’s in the Island of Newfoundland, or any interest I may have at the time of my death in any real estate in that place or in that Island under my late mother’s will, as being her last surviving daughter or otherwise, to be sold, either at public or private sale at such time and in such manner as my executor, or other person or persons having the legal right to administer my estate shall see fit. And I hereby authorize and empower my said executor, or other person administering my estate, to sign, seal, execute and deliver all necessary deeds, conveyances and assurances for the perfecting of any such sale or sales of my said real estate or any part thereof. and I hereby declare that no purchaser or purchasers of my said real estate, after payment of the purchase money, shall be held responsible for the due application thereof. And my said executor or other person administering my estate in Nova Scotia shall be at liberty to appoint an agent or agents in Newfoundland for the sale of my said real estate or any part thereof, and may also empower any agents or agent in Newfoundland to apply for administration of my estate in that Island cum testaments annexe in the proper Court in St. John’s.
8. Should my said executor William Howe die in my lifetime and should I make no other appointment by codicil or otherwise, I direct and my will is that the executor or administrator or person or persons having the lawful administration of his estate, or the execution of his will, shall be my executrix, executor or executors, as tho’ he, she or they (as the case may be) had been expressly named and appointed by myself in this my will.
9. I leave the time for the payment of the legacies in this my will entirely to the discretion of my said executor, or in case of his death, the person or persons administering my estate and declare that it shall not be necessary to pay the same in eighteen months after probate of this my will as it will depend on the amount received from the sale of my said real estate and it may not be prudent to hurry the sale of my said real estate.
10. I give, devise and bequeath the residue of my estate, real as well as personal, of every nature and kind and wheresoever situate, to my said executor William Howe, for himself his heirs, executors, administrators and assigns absolutely- and this residuary devise and bequest shall not lapse by reason of his death in my lifetime but shall go to and be received by his executors or administrators for the use of his estate, or for distribution under his will or otherwise.
11. Any trifling presents of furniture, clothing, books, pictures, jewellry, watches, trinkets &c. I may wish to leave to particular friends shall be distributed as shall be directed in any written Memen signed by me and directed to my said executor (tho’ not duly witnessed). In witness whereof I the said Margaret Hierlihy have to this my last will and testament (and also to a duplicate thereof) set my hand and seal at Halifax this seventh day of January A.D. one thousand eight hundred and seventy nine. Margaret Hierlihy (LS) Signed, sealed, published and declared by the testatrix, Margaret Hierlihy, (in duplicate) in our presence, and we in her presence, and in presence of each other, at her request, have hereto (and to a duplicate hereof) signed and subscribed our names as witnesses. Nepean Clarke, Francis S. Beamish, E. Montgomery Vieth.
This is a codicil to be added to and taken as part of my last will and testament (hereto annexed) which bears date the seventh day of January A.D. 1879, and which I executed in duplicate. When I executed the said will I was under the impression that my brother George B. Hierlihy was not living but as I have since ascertained that I was mistaken I am now desirous of leaving something to him, should he survive me, in order to show to him that I still regard him with the affectionate feeling of an only sister, and he being too my only brother- It is therefore necessary that I should make some alterations in my said will which I do as follows-
1. I revoke the bequest of two hundred dollars made to my executor for the erection of a monument &c. as mentioned in clause 3 of my said will.
2. I revoke the legacy of two hundred & fifty dollars left in my will (clause 4) to the “Colonial and Continental Church Society” at Halifax.
3. I revoke the legacy of six hundred dollars left in my said will (clause 4) to the Deaf and Dumb Asylum Gottingen St. Halifax.
4. I revoke the legacy of four hundred dollars left to the Poor of the Parish of St. George Halifax mentioned in my will (clause 4).
5. I revoke the bequests of two hundred dollars each made in my said will (clause 4) to my cousins N.W. White & Cornelia White.
6. I revoke the bequest of one hundred and fifty dollars made in my said will (clause 4) to Miss Agnes P. Howe she having since been married.
7. I give and bequeath to my said brother George B. Hierlihy, should he survive me, the sum of one thousand dollars (1000) which sum I desire my said executor to pay to himself or his order, or to remit the same to him by Bill, as soon after my death as possible, but should my said brother die in my lifetime or before the actual receipt of this legacy, or should he not be heard from for two years after probate of my will in Nova Scotia, I desire that the legacy to the “Deaf & Dumb Asylum” at Halifax of six hundred dollars and the legacy to the “Poor of the Parish of St. George” of four hundred dollars should be paid out of the sum left as above to my brother.
8. I give and bequeath to Miss Sophia Jane Crisp and her sister Elizabeth Harriet Crisp - daughters of my dear friend Revd Thos. Crisp deceased the sum of two hundred and fifty dollars each- and in the event of the death of either in my lifetime or before receiving her legacy the whole to the survivor, should she die without issue, but should she leave children the legacy to be paid to her children & not to her surviving sister.
9. I give and bequeath to my friend Miss Caroline James, daughter of the late Thomas W. James, Esqr the sum of two hundred and fifty dollars in lieu of the sum of One hundred dollars bequeathed to her in & by my said will.
10. I give and bequeath to my friend Miss Rachel Rigbey daughter of late Isaac Rigbey the sum of two hundred & fifty dollars.
11. I direct that all the foregoing legacies and also those contained in my said will be paid without interest. I also direct my executors to sell my bedroom furniture & apply the proceeds in the payment of my debts and funeral expenses, and to make such distribution of my clothing as he may think proper.
12. Should the assets left by me, real & personal, be insufficient to pay all the legacies mentioned in this codicil, I desire that they may be abated rateably.
13. I confirm my said will in all particulars except so far as it may be altered by this codicil- In witness whereof I the said Margaret Hierlihy, have to this codicil and also a duplicate thereof, set my hand and seal this twenty-sixth day of August A.D. 1881. Margaret Hierlihy (LS) Signed sealed published and declared by the said Margaret Hierlihy in duplicate in our presence and we in her presence and in presence of each other and at her request have hereto (and to a duplicate hereof) subscribed our names as witnesses, testatrix being in her usual health the words “time or before the actual receipt of this legacy” being interlined on second page between 9th & 10th lines, top of page William Evans, Wm. H. Wiswell, E. Montgomery Vieth.