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 8 pages 252 to 257 probate year 1907
|Will of Michael Dea|
In re: MICHAEL DEA. DECEASED
First I revoke all former wills by me at any time made, and I appoint Charles OíNeill Conroy, of St. Johnís aforesaid, Solicitor, the Executor of this my will.
Secondly I give, devise, and bequeath to my said Executor the sum of one thousand dollars to be by him expended for low masses for the welfare of the souls of my father and mother, my brothers and sisters, my two wives, and my children living and dead, and the further sum of one hundred dollars to be by him expended for low masses for the repose of my own soul and I desire that these sums should at the discretion of my executor be distributed among the different priests most in need thereof in St. Johnís and elsewhere in Newfoundland.
Thirdly I direct my said executor to divide into two parts of equal area my land at the junction of Merry Meeting and Freshwater Roads, bounded on the East by Merry Meeting Lane and on the north by Henneburyís land, such division to be made by a line drawn in a northerly direction from Merry Meeting Road to Henneburyís land; and to convey to my daughter Mary Ellen Maher the Eastern half of the said land, including the portion now let upon building leases, and to my daughter Bridget Mary Dea the western half of the said land, with the dwelling house and barns and all other erections thereon; and I give, devise, and bequeath to my said daughter Bridget Mary my household furniture and effects clothing, horses, cattle, vehicles, farm implements and stock, and all other chattels (other than money or securities for money) upon the said western half of the said land.
Fourthly I give, devise, and bequeath to my trustee hereinafter named, and his successors in the trust, my four farms as follows:
Fifthly I give, devise, and bequeath to my said executor all mortgage securities of which I may die possessed, upon trust to divide the proceeds thereof between my said trustee or his successors and my said daughters Bridget Mary and Mary Ellen in three equal shares; and I authorize my said Executor, if he shall think fit, to accept payment by instalments of the principal sums secured by the said mortgage securities, and to use his discretion as to the time of calling in the principal sum secured by Campbellís mortgage.
Sixthly I give devise and bequeath all the rest, residue, and remainder of my property, including my shares in the Consolidated Foundry and in the Newfoundland Brewery, my Newfoundland Government Debentures, and my money in the Savings Bank and elsewhere, after the payment thereout of my debts and my funeral and testamentary expenses, to my said trustee and his successors and to my said daughters Bridget Mary and Mary Ellen in three equal shares; and I direct that the bequests herein fifthly and sixthly made to my said trustee and his successors shall be held and disposed of by him and them upon the same trusts and in the same manner as is Fourthly hereinbefore provided with regard to my four farms and the income thereof. And whereas I have some reason to fear that my said daughter Bridget Mary Dea is contemplating marriage with one Charles Peckham, and I have already expressed to her my disapproval of and objection to such marriage now therefore
Seventhly I declare that all gifts and benefits bestowed by this my will upon my said daughter Bridget Mary Dea shall be at all times subject to the condition that she shall not marry the said Charles Peckham, and in the event of such marriage all the bequests in this my will contained to or in trust for the said Bridget Mary Dea shall revert to and be disposed of by my said executor and my said trustee and his successors aforesaid upon the same trusts and in the same manner as is provided in sub-section (E) of the bequest Fourthly hereinbefore contained with regard to division thereof among charities.
Lastly I appoint the said Charles OíNeill Conroy my trustee under the trusts hereinbefore created and I declare that the power of appointing new trustees conferred by statute shall for the purposes of this my will be vested in the Registrar of the Supreme Court of Newfoundland for the time being: and I also declare that my said executor and trustee shall be entitled to charge and be paid all professional and other charges for any business or act done by him or his firm in connection with the trust, including any act which an executor or trustee, not being a solicitor, could have done personally. In witness whereof I have hereunto subscribed my hand at St. Johnís aforesaid this thirtieth day of January in the year of our Lord one thousand nine hundred and seven. M Dea. Signed, Published, and Declared by the testator as and for his last will and testament in presence of us, both being present at the same time, who in his presence and at his request hereunto subscribe ourselves as witnesses attesting the due execution thereof:- Percie Johnson W.J. HigginsCertified correct, D. M. Browning Registrar
(Listed in the margin next to this will the following)
Fiat April 23. 07 Emerson J Probate April 23 07 granted to Charles OíN Conroy Estate sworn at $39.309.23
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