IN RE: MARY EALES. DECEASED
This is the last will and Testament of me, Mary Eales at Saint John's, widow.
First. I desire that all my just debts funeral and testamentary expenses shall be first paid out of my estate by my Executor hereinafter named.
Second. I appoint William Campbell of Saint John's Butcher, executor of this my will.
Third. I give, devise and bequeath to my son William all that piece or parcel of land with all buildings and erections thereon situate on the south side of the Old Placentia Road, about five miles from Saint John's and bounded as follows:- On the north by the said Road and extending thereby from land granted to James Purcell Easterly eleven chains and twenty-three links more or less to a cross road leading Southwardly from said Old Placentia Road to the North River, on the east by the said cross-road and extending thereby from the said Old Placentia Road Southwardly fourteen chains and fifty-four links more or less to land granted to Richard Hurley, on the South by the land last mentioned and extending along the same from the said cross-road East ten chains and sixty links more or less to land granted to James Purcell and on the west by said Purcell's land and extending thereby in lines measuring three chains and sixty links, four chains and twenty-five links and two chains and sixty-two links more or less, and containing fourteen acres two roads and thirteen poles more or less, to hold the same to my said son William forever
Fourth. I give, devise and bequeath to my son John seventy five acres of lands from the Eastern part of the farm known as "Strawberry farm" purchased by me from William Thompson, together with all buildings and erections upon said one hundred acres, save and except one half of the dwelling house which I hereinafter bequeath to my daughter Mary, to hold the same to my said son John forever.
Fifth I bequeath to my son John all the cattle, farm stock, implements, chattels and effects of every description upon said strawberry Farm, save and except the household goods or furniture which may be in the one half of the house hereinafter bequeathed to my daughter Mary, to hold the same to my said son John forever.
Sixth I give, devise and bequeath to my son James twenty acres of land from the western part of said Strawberry Farm adjoining Lester's property, to hold the same to my said son James forever.
Seventh I bequeath to my daughter Mary Dahlmann one half of the house upon said Strawberry Farm together with sufficient land for access thereto and also the remaining portion of said Strawberry Farm situate between the one hundred acres hereinbefore bequeathed to my son John and the twenty acres hereinbefore bequeathed to my son James, to hold the same to my said daughter Mary Dahlmann forever.
Eighth. I bequeath to my daughter Mary Dahlmann the household furniture and effects in the one half of the house hereinbefore bequeathed to her, to hold the same to my said daughter Mary Dahlmann forever.
Ninth. I bequeath to my son James the western half of the land situate on Alexander Street, to hold the same to my said son James forever.
Tenth I bequeath to my daughter Mary Dahlmann the Eastern half of the land on Alexander Street together with the dwelling house thereon, to hold the same to my said daughter Mary Dahlmann forever.
Eleventh I bequeath to Margaret Eales, widow of my son Peter one half of an acre of land to be selected by my said Executor out of the Mount Pearl Farm, together with one half of the new house upon said farm, to hold the same to the said Margaret Eales in trust for Florence and Emma children of said Peter and Margaret Eales
Twelfth, the foregoing bequests are made upon the express condition that my said sons, William, John and James and my said daughter Mary Dahlmann and the said Margaret Eales shall surrender and assign to my said Executor their interest in the Mount Pearl farm in order that the same may be disposed of in accordance with this my will. Should any of the said parties fail or refuse to surrender and assign his or her interest in the said Mount Pearl Farm to my said Executor as aforesaid, the bequest or bequests hereinbefore made by me to the part or parties so failing or refusing shall be null and void, and the property hereinbefore bequeathed to the party or parties so refusing shall pass to and be vested in my son Andrew forever.
Thirteenth, I give, devise and bequeath to my son Andrew the remainder of said Mount Pearl Farm after selection of the one half of an acre for the children of my son Peter as hereinbefore provided, together with the dwelling house on said farm now occupied by him, save and except the one half of the house hereinbefore bequeathed to Margaret Eales in trust for her children, to hold the same to my said son Andrew forever
Fourteenth. I bequeath to my two sons, William and Andrew the cattle, farm stock implements, goods, chattels and effects fo every description which may be upon the said land and farm bequeathed to William and upon the said Mount Pearl Farm, and I direct that the said cattle, farm stock implements, goods, chattels and effects shall be divided equally between my said two sons by my said Executor.
Fifteenth I bequeath all the rest residue and remainder of my estate and effects not hereinbefore specifically disposed of in equal sharers between such of my children as shall survive me and the children of any who have predeceased me, the children of the deceased parent taking their parents share. Witness my hand at Saint John's this eighth day of January Anno Domini one thousand nine hundred and six - Mary her x mark Eales - Signed Published and declared by the said Mary Eales as and for her last will and Testament in our presence who in the presence of the said Mary Eales and of each other, all present at the same time have hereunto subscribed our names as witnesses D Morison A W Knight
I further bequeath to my son John one quarter of an acre of bog land at Mount Pearl Farm and to my son William one quarter of an acre of bog land at Mount Pearl Farm to be selected by my said Executor and to be subject to the condition expressed in my will in Clause 12. January 8th 1906 - Mary her x mark Eales Witnesses first read and explained D Morison A. W. Knight
I further bequeath to my son William fifty acres of land from the Eastern part of the Mount Pearl Farm to be Selected and marked off by my said Executor and to be subject to the condition in Clause 12 of my will Mary her x mark Eales Witnesses first read and explained D Morison A. W. Knight
D. M. Browning
(Listed in the margin next to this will the following)