In re: RHODA MURPHY. DECEASED
This is the last will and testament of me, Rhoda Murphy, at present of Brigus, Conception Bay, in the Island of Newfoundland made this Twenty fourth day of February A.D. 1909 Whereas by his last will and testament bearing date the 6th July, A.D. 1886 my late husband Andrew Murphy, bequeathed unto me as follows: "I give and bequeath unto my beloved wife Rhoda Murphy all the land and property under fence, and all and singular the rights, privileges and appurtenances thereof, to be held occupied and possessed by her without control for and during the full term of her natural life, and for the support and maintenance of my four youngest children: and after her decease my will is that the said lands and property shall to go whichever of the said children who shall have contributed most to her assistance and helped her in her advanced years, and paid the expenses attending her last illness, wake and funeral, and it will be for to say and decide between them. On no account is any of the said lands to be sold or disposed of during the life of my said wife."
And whereas I am now desirous by this my last will and testament, and in pursuance of the powers conferred upon me by my late husband, to name the child or children which have contributed most to my assistance, and helped me in my advanced years, and are prepared to pay the expenses of my last illness, wake and funeral. Witnesseth that I, Rhoda Murphy, in consideration of my children having contributed most to my assistance, and helped me in my advanced years, and being prepared to pay the expenses attending my last illness, wake and funeral, and in pursuance of the powers conferred on me under the will of my said late husband, have given, bequeathed and assigned unto them the whole of the said property left me by my late husband under his said will.
As regards the whole of the properties, moneys and effects of which I shall die possessed in my own right, and independent of properties left me by my late husband, I give, devise and bequeath the same as follows:
1st I give and bequeath to my son John Murphy after my death Half my dwelling House and yard and the small barn Half the Cellar and Northern Half of Cabbage Garden in front of Dwelling House Half the upper Cabbage Garden and one third the front garden namely the western share and one quarter of an acre of my own Land Purchased from the Hearns
2nd I give and bequeath to my son Patrick after my death one half my Dwelling house and yard namely the Southern Half the southern Half of the Cabbage Garden in front of my dwelling House Half the cellar Half the Big Barn one third the front garden east of John’;s share and one Quarter of an acre of my own land Purchased from the Hearns
3rd I give and bequeath to my son James after my death one half the Big Barn one third of the front garden being the most Eastern share and one Quarter of an acre of my own land Purchased from the Hearns
4th I give and bequeath to my son William the Garden Known as the seelley Garden and one Quarter acre of my own Land Purchased from the Hearns
5th I give and bequeath to my son Andrew one third, the land not under Fence and not mentioned in my late Husband’s will being my widows Part of same and one acre of my own land purchased from the Hearns
6th should there be any money left after my death after erecting a Head Stone and Having Masses said to be divided among the aforesaid children I also appoint Patrick Murphy and James Murphy my sons to be executors to this my last will and testament
In Testimony whereof I have hereunto subscribed my hand, by affixing my mark, at Brigus aforesaid, the day and year first above written. Rhoda her x mark Murphy (LS) Signed by the said testatrix as and for her last will and testament, in presence of us, who, in her presence, at her request, and in presence of each other, have hereunto subscribed our names as witnesses (the same having been first read over and explained to the said testatrix, and seemingly fully understood by her) witness J. P. Hearn J.P. W.E. Burke
Codicil whereas my son John Murphy has failed to contribute towards my support of late years, I wish to make a codicil to my last will and Testament, made by me on the Twenty fourth day of February one thousand nine Hundred and nine, as follows: I hereby revoke the first part of paragraph five of my said will which says: "I give and bequeath to my son John Murphy after my death half my dwelling house and yard and the small barn, half the cellar and the northern half of cabbage garden in front of dwelling house, half the upper cabbage garden, and one-third the front garden, namely the western share, and one quarter of an acre of my own land purchased from the Hearns," and instead thereof give and bequeath the said property therein mentioned to my son James Murphy. Instead of the barns referred to in said paragraph being left partly to James Murphy and partly to Patrick the largest of the said barns is to be left to Patrick Murphy and the small barn to James Murphy
I leave my bed and bedding to my son John Murphy, my son Patrick to take care of it until he needs it I leave my astrakhan or fur coat to my son William, my furniture is to be divided equally between my sons James and Patrick Murphy, one half of the upper cabbage garden not hereinbefore mentioned I give and bequeath to my son Patrick. Rhoda her x mark Murphy Signed and subscribed to by the said Rhoda Murphy in our presence at Brigus, Newfoundland this nineteenth day of October, in the year of our Lord one Thousand nine Hundred and nine being first read over and explained and apparently understood by the said Rhoda Murphy. Fred R Shankel M.D. J B Thompson J.P.
D. M. Browning
(Listed in the margin next to this will the following)