NL GENWEB

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

This is the last will and Testament of me, Michael Dea, of St. Johnís in the Island of Newfoundland, Farmer.

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:
(1)- Dea & Renoufís, bounded North by Freshwater Road, East by land of Hennebury, South by land of McDougallís Estate, and west by Deaís Lane.
(2)- Atwillís, bounded on the East by the said Deaís Lane, and by the railway track, on the North by Freshwater Road, on the west by land of William English, and on the South by a public bog and by land of Winterís Estate:
(3)- Roweís, bounded south by Freshwater Road. East by land of James Gordon, north by land of Hutchings and Boggan and West by land of Boggan; and
(4)- Freemanís, bounded north by "Old Topsail Road," west by land of Hafey and Sutton, South by land of Stamp, and East by a cross-road from Freshwater Road to Pennywell Road. Upon Trust to convey the said four farms to my son William Joseph Dea, if he shall return to St. Johnís within twenty years from the date of my death, and in the meantime, until such return or the expiration of the said period of twenty years, or the receipt of proof of the death of the said William Joseph Dea, whichever shall first occur, to accumulate the rents issues and profits of the said four farms, (including any purchase price paid under any options of purchase granted by me thereon) and upon his return during the period aforesaid to pay over the said accumulated rents issues and profits, hereinafter called the income, to my said son William Joseph Dea; And I give to my said trustee and his successors aforesaid all necessary and proper powers of management of the said four farms for the purposes aforesaid, and request that he and they will use their best endeavours to keep the said farms let to the best advantages but my trustee shall not, nor shall his successors, mortgage any of the said farms, nor shall he or they sell any of the said farms except in pursuance of any option of purchase granted by me thereon. But upon proof to his or their satisfaction of the death of my said son William Joseph Dea, or upon his failure to return to St. Johnís within the said period of twenty years, then my said trustee or his successors aforesaid shall convey the said income and the said lands according to the following trusts, namely:-
(A), if both my said daughters Bridget Mary and Mary Ellen be then living, each of them shall have one moiety of the gift;
(B), if one of my said daughters be then dead, leaving issue then surviving, that issue shall take their motherís moiety between them in equal shares, and similarly if both my said daughters shall have died, both leaving issue then surviving, the issue shall take per stirpes the moieties of their respective mothers;
( C), if only one of my said daughters be then dead, leaving no issue then surviving, my surviving daughter shall take the whole gift;
(D), if both my said daughters shall then be dead, one only leaving issue then surviving that issue shall take one moiety of the gift, and the other moiety shall be disposed of in the same manner as is provided in the next following trust, viz:
(E), if both of my said daughters are then dead, neither leaving issue then surviving, my said trustee or his successors shall divide the whole gift between such Roman Catholic charities of the orphanage or charitable society type and in such proportions as he or they may think fit. But I declare that the whole of this Fourth bequest is subject to the following proviso, namely, that out of the income arising from the said four farms, whether the same be in the hands of my said trustee or his successors or of my said son William Joseph or his sisters or their issue, there shall be paid annually for ten years from my death the sum of twenty dollars each to St. Michaelís Orphanage at Belvidere, the Industrial School at Mount Cashel, and the Girlís Home founded by the Sisters of the Presentation order, Cathedral Square, and I hereby charge the said farms and the income thereof with the payment of the said annual sums.

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. Higgins

Certified 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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