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 209 to 211 probate year 1856
|Will of Thomas Dwyer|
In re THOMAS DWYER. DECEASED.In the name of God Amen, I Thomas Dwyer of the town of Saint John's in Newfoundland being very weak and sick at present but of sound and disposing mind and memory thanks be given unto God therefore calling to mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this to be my last will and testament in manner following that is to say first and principally of all I give and recommend my soul into the hands of Almighty God that gave it and my body to the earth to be buried in decent Christian burial not doubting but at the general resurrection I shall receive the same again by the mighty power of God and as touching such worldly estate wherewith it hath pleased God to bless me with in this life I give demise and bequeath the same in the following manner and form, I desire and request that all lawful debts due of me at the time of my death shall be paid as soon as possible after my interment. I then give and bequeath to my loving wife Mary my daughters Margaret and Catherine, all my estate and effects in manner following that is to say my wife Mary to be superintendent of the domestic affairs of my aforesaid daughters and to live in my present dwelling house during her natural life if she wishes to do so or while she remains single. I then give and bequeath to my beloved daughter Margaret on her marriage the house I now live in being the northeastermost and situate in Duckworth Street in the town of Saint John's aforesaid, together with a proportionable part of the ground attached thereto in the rere, but it is my request that in case of her marriage my wife is not to be disturbed from living in the house with her during her (my wife's) natural life if she is inclined to do so. I give and bequeath to my beloved daughter Catherine, the southwest house now in the occupancy of William Whitten to be enjoyed by her immediately on her mother's death, together with the proportion of ground in the rere thereto belonging, say on her marriage.
If my wife should marry she forfeits all claim to my estate, and from the date of such marriage my aforesaid two daughters shall have possession of their respective shares as before mentioned, nevertheless my wife is to have a one third share of the property for her maintenance during her natural life but no longer.
It is my desire and request that the husband of Margaret or Catherine shall on no account whatsoever have any power right or authority to sell or mortgage any part or portion of my landed or household estate as the property is to descent to the lawful heirs of my daughters forever. And I hereby utterly disallow, disannul and declare null and void all former wills legacies and bequests heretofore made by me, declaring this and no other to be my last will and testament.
In witness whereof I the said Thomas Dwyer have hereunto set my hand and seal at Saint John's aforesaid this twenty seventh day of May in the year of our Lord one thousand eight hundred and forty two.
Thos. Dwyer. (LS)
Signed sealed published and declared by the said Thomas Dwyer as his last will and testament in the presence of us,
Hy. Devereux, James Foley, Stephen Ryan.
Certified correct, D. M. Browning