Transcribed by Judy Benson
While I have endeavored to be as correct as humanly possible, there could be some typographical errors
Newfoundland will books volume volume 2 pages 134-137 probate year 1853
|Will of Michael Dealy|
In re MICHAEL DEALY. DECEASED.I Michael Dealy of Saint John*s in the Island of Newfoundland Dealer, do make this my last will and testament in manner following, that is to I first will and desire that after my death my executors hereinafter named shall out of the proceeds of my estate pay off all my just debts of every kind soever.
Secondly I devise and bequeath unto my said executors their executors and administrators all my land tenements houses and premises situate in or near Duckworth Street in St. John*s aforesaid in trust for the following uses, that is to say to suffer and permit my wife Bridget Dealy to take and appropriate the rents issues and profits of the said land tenements houses and premises for the maintenance and support of herself and my children of her begotten or to be begotten for and during her natural life and as long as they shall respectively live with her; and after her death then I give devise and bequeath the said land tenements houses and premises to my daughters Margaret Dealy, Ellisa Dealy and my son John Dealy their heirs executors administrators and assigns for ever share and share alike to take as tenants in common and not as joint tenants and free of the controul of any husband either of my said daughters shall marry And in case any of my said children shall die without lawful issue then his or her share or shares in said land tenements and premises shall go to the survivor or survivors of them their heirs executors or administrators for ever and should all my said children die without lawful issue then the said land tenements and premises shall go to my three other sons namely James Dealy Michael Joseph Dealy and Daniel Dealy their heirs executors administrators and assigns for ever and in case any one of them should die without issue as aforesaid then his share of said land tenements and premises shall go to the survivor or survivors of them their heirs executors administrators and assigns for ever to take as tenants in common share and share alike And should all and every of my said children die before my said wife none of them leaving any lawful issue then after her death my said land tenements and premises shall go to my next of kin. Provided always that as soon as each and every of my said sons James, Michael Joseph or Daniel Dealy shall commence to keep house on his own account apart from his said mother then and in such case such son shall cease to be entitled to any support or maintenance out of the said rents issues and profits of said land tenements and premises or out of the proceeds of the assets or effects of my estate or any part thereof and shall thereupon receive from my said executors the sum of thirty pounds (£30) currency each, to enable him to purchase household furniture for himself. And it is my will and desire that my said executors shall sell my land and premises with the farming stock and utensils thereon situate at or near Signal Hill as soon after my death as may be convenient for the best price that can be had therefor, and having first out of the proceeds thereof paid off all my just debts as aforesaid and having likewise made provision for the payment of the said sum of thirty pounds to each of my three last mentioned sons at the time and for the purpose aforesaid then that my said executors shall thereafter pay over the balance remaining out of said proceeds to my said wife to enable her to carry on business as I now do, so as to enable her to support and maintain my said children in manner aforesaid subject to the proviso aforesaid.
And I further will and desire that my said executors when thereunto required by my said wife shall sell all my estate right title and interest in the land and premises I hold at Portugal Cove and also in the land and premises belonging to me situate on Portugal Cove Road near Mr. John Warren*s premises for the best price that can be had therefor and execute good and valid conveyances therefor to the purchasers thereof and pay over the proceeds arising therefrom to my said wife to enable her to carry on said business as aforesaid for the support and maintenance of herself and my said children and every of them subject to the proviso aforesaid
And I further will that at the death of my said wife she shall have full power to bequeath and devise by will all such part or portion of my estate goods and chattels as are not hereby disposed of that in doing so she shall bequeath such part or portion of said estate goods and chattels to my said children then surviving their executors administrators and assigns share and share alike as tenants in common and that in case she shall survive them then she shall have full power to devise or bequeath such part or portion to my next of kin then surviving
And I further will and desire that my said wife shall take the said rents issues and profits of the said land first aforesaid and the proceeds of all my other property goods chattles and effects of every kind soever for the sole and exclusive purpose of maintaining herself and her said children of me begotten subject to the proviso aforesaid and for no other use or purpose whatsoever
And that my said executors shall not sale or permit any part or portion of my said land in Duckworth Street first aforesaid to be sold or mortgaged during the lifetime of my said wife
And I lastly bequeath to my executors hereinafter named the sum of twenty (£20) pounds currency to be disposed of by them for charitable purposes in Saint John*s.
Hereby revoking all former wills made by me I do hereby appoint The Rev. Thomas O*Connor, John O*Mara, Esq. and Mr. Patrick Dealy executors of this my last will and testament.
Dated at St. John*s in Newfoundland this seventeenth day of February A.D. 1853.
Michl Dealy (LS)
Signed sealed published and declared by the said Michael Dealy on the day and year aforesaid as his last will and testament in our and his presence he being at the time in a sound and disposing state of mind (the alterations or cancellations being first made and initialled on the first page of these presence)
Certified correct, D. M. Browning