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 Martin Walsh from Newfoundland will books volume 4 pages 370 to 372 probate year 1885
Martin Walsh deceased.
In the name of God Amen. I Martin Walsh of St. John’s Tidewaiter in Her Majesty’s Customs there do make publish and declare this as and for my last will and testament
First. I give devise and bequeath to my executors hereinafter named all my landed and other property and effects whatsoever (save and except the property known as Walsh’s Town and hereinafter bequeathed to my wife) to be by them and the survivor of them taken and held in trust for the uses and purposes hereinafter mentioned. That is to say on trust in the first place to pay and discharge all my just and lawful debts funeral and testamentary expenses-
Secondly. From and out of the rents issues and profits of my landed estate and the interest upon my money in Banks and otherwise invested or to be invested to pay to my sister Ellen Cole of St. John’s aforesaid the sum of forty pounds British sterling equal to forty eight pounds of Newfoundland currency per year for and during her natural life to be paid to her half yearly and from and after the decease of the said Ellen Cole the said sum shall be paid in equal proportions to and between her daughters Bridget Cole and Kate Power the share of each of the said daughters to be for her sole use as separate estate and without power of anticipation and it is my will and desire and I do hereby direct that if either of the said daughters Bridget or Kate shall die without leaving issue her surviving that then and in such case the share of the daughter so dying shall become and be the property of the survivor of them, and should both of them die without leaving issue surviving then the whole of the said sum shall be annually paid to Robert Cole-the son of my said sister Ellen Cole. Also from and out of the same funds to pay to my sister Mary Wyse of Waterford, Ireland, for and during her natural life the sum of twenty five pounds British sterling equal to thirty pounds of Newfoundland currency per year to be paid to her half yearly and from and after her decease the same shall be paid in equal proportions to and between the two daughters of the said Mary Wyse as separate estate- also from and out of the same fund to pay the sum of twenty five pounds British sterling - equal to thirty pounds of Newfoundland currency in equal proportions to and amongst the children of my sister Bridget Whelan- Should any part or share of the said fund remain after payment of the said bequests and of the commissions insurances and other payments herein directed to be made out of it I will and direct that such part or share shall be annually paid to the said Robert Cole for his own use and benefit and if after making the said payments the residue of the said fund should not be sufficient to pay the aforesaid bequests in full then the said residue shall be divided between the said legatees in shares proportionate to the bequest to each-
Thirdly. I give devise and bequeath to my beloved wife Catherine for and during her natural life the property known as Walsh’s town on the Signal Hill Road in St. John’s aforesaid and from and after her decease the same shall become and be the property of the aforesaid Robert Cole. Further I do will and direct that during the lifetime of my said wife all water and sewerage rates chargeable upon or to be paid in respect of the said Walsh’s Town or the rents issues or profits thereof except such parts thereof as are or shall be occupied by tenants chargeable with occupiers rates shall be by my said executors paid out of the rents issues and profits of my landed estate to them left in trust and the interest upon my moneys in Bank or otherwise invested or to be invested, and also that my said executors shall during the lifetime of my said wife keep the houses on the said Walsh’s town insured in some respectable insurance Company in at least the sum of four hundred pounds currency and pay the cost and premiums of such insurance from and out of the said fund-
Fourth I do hereby nominate and appoint my friends Robert J. Kent of St. John’s aforesaid Queens Counsel and John Howley of same place Gentleman executors of this my will and do hereby give to them full power and authority to control and manage all the affairs and business of my estate and from time to time as they may deem proper to sell and vary with the discretion of absolute owners the securities in which my moneys are invested and to substitute other securities therefor but they shall not have power to mortgage, sell or otherwise dispose save by way of lease of any part of my landed estate and as compensation to the said Robert J. Kent for the trouble which he may have in and about the office of executor of this my will I hereby give and allow to him yearly and every year a sum equal to five pounds per cent upon the gross sum total of the annual rents issues and profits of my said lands and of the interest upon my said moneys as they now are or at any time hereafter may be invested and he shall further be entitled to have and receive out of the said rents issues profits and interests the same professional fees, costs, charges, and expenses as if he were not executor or trustee under this my will. Lastly I do hereby revoke and declare void all former and other wills by me made. Martin Walsh. Signed published and declared by the said testator as and for his last will and testament, in our presence, who in his presence, and In the presence of each other have hereto signed our names as witnesses at St. John’s aforesaid this 21st day of March A.D. 1883, Herbert E. Knight, Francis J. Morris.
D. M. Browning
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