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 4 pages 458-459 probate year 1854
Will of Mary Prendergast|
In re: MARY PRENDERGAST DECEASED.
Will of Mary Prendergast from Newfoundland will books volume
The will index gives the probate year, for this will, as 1854, but it is filed chronologically with wills from 1886.
This is the last will and testament of me Mary Prendergast of St. Johnís Widow, I give devise and bequeath to my son Maurice Prendergast and his assigns, all those leasehold premises now in my occupation with my stock in trade money, furniture and household and personal effect of every kind that may remain after payment of my just debts.
I give devise and bequeath all that parcel of land owned by me on the south side of Gower Street to my executor hereinafter named his heirs and assigns upon the trust to pay and appropriate the rents issues and profits thereof to my son Richard until his marriage and thereafter upon trust to convey and assign the same absolutely to him and his heirs for ever but should my said son Richard die unmarried then upon trust to convey and assign the said land to my said son Maurice and his heirs for ever.
I give devise and bequeath to my said executor and his heirs all that parcel of land (freehold) situate on the north side of Water Street in St. Johnís aforesaid opposite the premises of Messrs. Hunters & Co. and also all those my freehold lands and premises situate on the north side of Gower Street (opposite the land herein devised on trust for my son Richard) upon the trust nevertheless to pay and appropriate one third part of the rents issues and profits thereof to and for the sole use and benefit of my daughter Catherine Gleeson & her heirs for ever free and clear of any debts claims or controul of her present or any future husband- upon the further trust to pay one third part of the rents issues and profits of the lands herein lastly devised to and for the use of my daughter Ellen Strafford in such manner as my said executor and trustee may deem most advisable for her support and maintenance absolutely free and clear and independent of any debts claims or controul of her present or any future husband- The remaining one third of the said rents issues and profits upon trust for the sole use and benefit of my son Maurice
should the said Ellen Strafford die leaving a child or children her surviving. The property herein conveyed in trust for her use to be held on the further trust to pay and appropriate the rents and issues thereof to and for their sole use and benefit. But should she leave no children her surviving then upon the trust to convey and assign the land equally between my sons Maurice and Richard and their heirs as tenants in common forever.
I further order and direct that if at any time after my decease my said executor and trustee should deem it for the interest of the parties concerned he may with the consent of my daughter Catherine Gleeson and her husband sell and dispose of the lands herein lastly devised (namely the land on the north side of Water Street and the land on the north side of Gower Street and to pay and appropriate the proceeds of such sale or sales in the manner and upon the trusts hereinbefore provided with respect to the rents issues and profits thereof I hereby nominate and appoint my son Maurice Prendergast to be sole executor and trustee of this my last will and testament hereby revoking any former will or wills by me made or declared- Dated at St. Johnís Newfoundland this twenty third day of May Anno Domini one thousand eight hundred and fifty-four- Mary her X mark Prendergast. Signed published and declared by the said testatrix as and for her last will and testament in the presence of us who in her presence and in the presence of each other and at her request have hereto subscribed our names as witnesses having been previously read over and explained, Saml Carson, Thos F. Hearn, Thos. Butler, witnesses.
D. M. Browning
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