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 10 pages 346 to 348 probate year 1915

Will of Walter Irwin

In re: WALTER IRWIN. DECEASED.

This is the last will of me Walter Irwin of St. Johnís Newfoundland Cabman and I revoke all former wills by me made I appoint James J. McGrath of St. Johnís aforesaid Solicitor and Walter Skinner of same place Painter executors of this my will

1 I give to my wife Mary all my personal chattels including live stock) choses in action and money which I shall die possessed of subject to the payment out thereof of all my unsecured debts testamentary and funeral expenses including Estate duties

2 I bequeath and devise to my nephew the said Walter Skinner absolutely all that piece of land bounded by the old Railway track on the North on the east by Irwinís Hill on the South by a line running from Irwins Hill along the north side of my barn stable and manure-pound until it meets a point in a line with the Western boundary of the garden and from this point the boundary line runs in a southern direction along by the said western boundary of my garden until it meets the northeast corner of one Byrnes land thence the southern boundary line runs westerly along the rear of Byrnes Howletts OíReillys and Ryalls land with my land let to tenants thence westerly along the rear of the land now let to tenants until it meets the north western angle of land let to Neary and the western boundary shall be a straight line running from said north west angle to the said railway track on a line with said Nearyís western boundary

3 I bequeath and devise to my brother William Irwin
(a) a piece of land of twenty five (25) feet width throughout fronting on Circular Road at the Western extremity of my land bounded on the south by Circular Road on the West by Calvertís land on the North by the old Railway track and on the east by land hereinafter devised to James J. McGrath
(b) the land known as "Stonehouse Meadow"

4 I bequeath and devise to my nephew James J. McGrath the land between Circular Road on the South and the old railway track on the north and between the land hereinbefore devised to said William Irwin on the West and the land let to Neary and the land hereinbefore demised to Walter Skinner on the East provided the said James J. McGrath pays off the mortgage debt now upon all my property

5. The residue of my estate I devise and bequeath to my said wife for her life or until she shall again marry (which ever event first happens) and after her death or marriage which ever event first happens I devise and bequeath the said residue
(a) if my daughter be then living to my daughter for life if my daughter dies before attaining twenty one years of age but absolutely if she attains or has attained said age
(b) if my daughter be not living as follows
(1) to my niece Mary Irwin daughter of said William Irwin, the land held under lease by James Fifield and the rents and profits thereof
(2) to my nephew Thomas F. McGrath the land held under lease by Thomas Armstrong and the rents and profits thereof
(3) to my nephew Walter Lawlor the land now held under lease by Frederick Roll and the rents and profits thereof
(4) to my nephew James J. McGrath the lands held under lease by Mrs Fox now Lady Morris and Wm. Moore and the rents and profits thereof
(5) to my nephew Walter Skinner the balance of the said residue

6. If my daughter takes a life interest only in the said residue under the last preceding paragraph of my will (No. 5) that is to say when she is alive at the death or marriage of her mother (my wife) and afterwards dies before attaining twenty one years of age on her death I bequeath and devise the said residue to my niece Mary Irwin and nephews Thomas F. McGrath Walter Lawlor James J. McGrath and Walter Skinner as the SAME is bequeathed and devised under subsection (b) of the said paragraph No. 5

7. If the interest of my said wife in said residue shall not fall in (that is to say on the death or marriage of my said wife) until after the death of my daughter who had attained twenty one years of age or more and who leaves lawful issue (child or children) then said child or children- if one all: if more than one in equal shares- shall take the said residue absolutely notwithstanding subsection (b) of paragraph No. 5 of this my will-

8. It is to be understood that if said James J. McGrath acts as executor he shall not be precluded from charging for services as counsel solicitor or agent that he may render to my estate-

9. It is also to be understood that should my wife while a widow desire to reside otherwise than in the dwelling we now occupy she shall let the same together with the outhouses and garden to my nephew Walter Skinner at an annual rent of eighty dollars (80.xx) he to do all repairs

10 While my wife resides in said dwelling she shall do repairs and while there or receiving income from my estate all outgoings insurance taxes and other demands upon the estate shall be borne and paid by her In witness whereof I have set my hand to this my will this 5th day of February 1915 the words "on the west" and "or has attained" being first interlined on 2nd page and the word "demised" erased on this page and the words "Walter Skinner interlined on 2 page Walter Irwin Signed by the testator Walter Irwin as his last will in our presence and in the presence of each other who have hereunto subscribed our names as witnesses John Murphy Gertrude Power

This is a codicil to the last will of me Walter Irwin of St. Johnís Newfoundland Cabman which will bears date the 5th February 1915 Whereas I am about to raise by way of mortgage a loan on the security of my land held under lease by Edward Neary or) and some other part of my property referred to in said will as "the residue" but fearing I may die before the completion of said borrowing I hereby authorize my executors if I fail to finalize the borrowing to borrow as aforesaid. The money so raised by them or raised by me and left at my death shall be applied in payment of
(a) estate duties
(b) debts and testamentary expenses
(c) ten dollars for Masses for repose of my soul
(d) any sum necessary for headstone and burial plot accessories and
(e) such other sums as my executors may have to pay in connection with the management of my estate but the bequest made in the 1st clause of my said will is to be still subject to the payments in said clause referred to if my executors deem it necessary

(2) If the property mortgaged has to be sold to repay said loan the balance after repayment and expenses shall fall into the residue of my estate

(3) The amount of mortgage debt referred to in clause 4 of my said will which James J. McGrath is to pay is two hundred and forty dollars ($240.xx) any interest due shall be paid by my estate

In witness whereof I have set my hand to this codicil to my will this 16th day of July 1915. Walter his X mark Irwin Signed by testator Walter Irwin as a codicil to his will by making his mark in our presence who in his presence and in the presence of each other have signed this codicil as witnesses the foregoing codicil having been read over to him in our presence Frank Rose T.B. McGrath.

(Listed in the margin next to this will the following) Fiat Decr 4 /15 C.J. Probate Decr 27/15 granted to Jas J. McGrath & Walter Skinner Estate sworn at $7184.00

© Judy Benson, Ivy Benoit and NL GenWeb