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 2 pages 185 to 187 probate year 1855.
|Will of Thomas Cook|
In re THOMAS COOK. DECEASED.In the name of God Amen, dated at Saint John*s Newfoundland this third day of November Anno Domini eighteen hundred and ___________ I Thomas Cook of the town and Island aforesaid being of sound and disposing mind memory and understanding, but mindful of my mortality do make and publish this my last will and testament in manner following. I give and recommend my soul to Almighty God that gave it and my body to be decently buried, I give devise and bequeath to my wife Catherine Cook all my landed and household property to have and to hold the same during the term of her natural life Provided nevertheless that if my brother Edward Cook a Taylor now living in Boston shall arrive in Saint John*s in reduced circumstances I desire and request that he shall have an equal claim on my property for his support for the term of his natural life my wife to have the management thereof and on the death of my wife and brother aforesaid I give devise and bequeath my property as follows. I give devise and bequeath to the Reverend Margaret O*Shaughnessey Superior of the Presentation Convent of Saint John*s her heirs and successors for ever for the benefit of the said Convent that south eastern part or parcel of my landed property let under a lease of fifty years to three tenants as follows, say Thomas Nash annual rent three pounds five shillings currency, Daniel Headon annual rent three pounds two shillings and sixpence, Patrick Walsh annual rent two pounds ten shillings, measuring in front by the road leading from P. W. Carter*s premises to the Pennywell Path one hundred and forty eight feet and the Bye Road opened at the opposite side leading to the Barrens one hundred and forty feet measuring at the south east junction of the two roads six feet and from each road at the opposite or northwestern and seventy six feet, the said lot of land forms nearly an irregular triangle To have and to hold the said several lots of land with the dwellings and improvements now standing thereon to the Reverend Margaret O*Shaughnessey, Superior of the Convent aforesaid and her successors for the benefit of the said Convent for ever.
I give devise and bequeath to my granddaughter Catherine Cook my dwelling house, yard, kitchen garden and a lot of ground and premises let to Timothy Hogan and a lot of ground and premises let to James Cashin To have and to hold the said premises unto my said grand daughter Catherine Cook and the lawful heirs of her body begotten for ever, but in default of lawful heirs of her body all and singular the premises herein mentioned and bequeathed to her shall be sold or disposed of or let for the benefit of the Poor and distressed inhabitants of this town of Saint John*s. The remaining two lots of building ground I give demise and bequeath to my grandson Joseph Cook who is now living with my brother in Boston that is to say one lot whereof is situate to the north of my dwelling house and yard adjoining Freshwater Road bounded by Mrs. Boag*s ground to the westward and a road and rivulet to the eastward The other lot forms the northern part of my kitchen garden being bounded on the north by my avenue fence forty feet, on the east by the road and rivulet that divides it from ground formerly the Governors Garden to Timothy Hogan*s house about one hundred and twenty feet, from the said road and rivulet by Timothy Hogans boundary forty feet and from the avenue through the garden about one hundred and fourteen feet To have and to hold the above two lots of ground to my said grandson Joseph Cook and the heirs of his body lawfully begotten for ever, but in default of lawful heirs of his body the said two lots of ground shall be let or sold for the benefit of the Poor and distressed inhabitants of of Saint Johns. And I hereby nominate and appoint Messrs. Henry Devereux and Patrick Tarehin to see this my will executed according to its intention and if one of them should depart this life the other to appoint a successor.
In witness whereof I the said Thomas Cook have to this my last will and testament set and subscribed my hand and seal the day month and year first above written being the third day of November 1846.
Thos. Cook (LS)
Signed sealed published and declared by the said Thomas Cook in all our presence to be his last will and testament (the word "forty" interlined between the 17th and 18th lines this page being first written,
Andrew his X mark Dohony
Codicil dated 3rd November 1846. I, Thomas Cook of Saint John*s have this day signed and subscribed my last will and testament hereunto annexed and having read and found it in all respects correct I hereby ratify and confirm the same but I desire and request that in default of lawful male issue of the bodies of my grandson Joseph Cook and granddaughter Catherine Cook, their respective portions shall in default of male issue as aforesaid be let or sold or disposed of for the benefit of the Poor and distressed of Saint John*s none of their female children shall have no right or claim thereto or of any part thereof and I desire and request this to be a part and parcel of my last will and testament.
Andrew his X mark Dohony.
Certified correct, D. M. Browning