NL GenWeb Wills
Conception Bay North Region ~ Harbour Main District
Harbour Main - Agreement of Mary Kennedy (1817)This Will was contributed by JUDY BARKER and edited by EILEEN WALSH on April, 2001. Punctuation was added to improve readability. While we have endeavored to be as correct as humanly possible, there could be some typographical errors.
ARTICLES OF AGREEMENT indenture, made concluded and agreed upon. This second day of July, in the year of our Lord, 1817, between MARY KENNEDY of Harbour Main in the Island of Newfoundland. Widow and Relict and also Administratrix of the Estate and Effects of JOHN KENNEDY, late of same place, Planter, deceased of the one part and a RICHARD SHEA of Port De Grave in the same Island, Surgeon and the Guardian appointed by and on behalf of MARGARET KENNEDY, a minor of the age of 17 years or thereabouts and also o
ne of the Administrators of the Estate and Effects of the said John Kennedy, and BRIDGET his Wife. VINCENT COSTIGAN of St Johns in the same Island, Planter and the father and next friend of THOMAS COSTIGAN a minor under the age of 21yrs by JOANNA his late wife deceased. PATRICK KENNEDY and JOHN KENNEDY both of Harbor Main aforesaid Planters. MICHAEL NEILE of Fermuse, Planter and another of the Aministrators of the Estate and Effects of the said
John Kennedy deceased and MARY his wife, and JOHN NEILE of the same place Planter and CATHERINE, his wife of the other part.
WHEREAS JOANNA COSTIGAN deceased, late the Wife of the said VINCENT COSTIGAN and also one of the daughters of the said JOHN KENNEDY deceased, died in the life time of her said father leaving the said THOMAS COSTIGAN her only child surviving.
AND WHEREAS, the said JOHN KENNEDY departed this Life Intestate on or about the 14th day of May, 1816 leaving the said MARY KENNEDY his widow, the said BRIDGET, the Wife of the said RICHARD SHEA, PATRICK KENNEDY, and JOHN KENNEDY, MARY the wife of the said MICHAEL NEILE, CATHERINE the wife of JOHN NEILE and MARGARET KENNEDY, his children and THOMAS COSTIGAN, his Grandson him surviving.
AND WHEREAS Letters of Administration of the Estate and Effects of the said JOHN KENNEDY were granted to the said MARY KENNEDY, RICHARD SHEA and MICHAEL NEILE, by the Probate Court of St John's, and the said MARY KENNEDY hath taken upon herself the sole burden and execution thereof, the said RICHARD SHEA and MICHAEL NEILE not having ever meddled or interfered therewith.
AND WHEREAS the said JOHN KENNEDY did in his life time, give unto this said Daughter BRIDGET, wife of RICHARD SHEA, JOANNA the wife of the said VINCENT COSTIGAN, MARY the wife of the said MICHAEL NEILE, and CATHERINE wife of the said JOHN NEILE the sum of 300 pounds each as and for their respective marriage portions.
AND WHEREAS the said Intestate JOHN KENNEDY did in his life time express his intention to give and devise a certain ?? Tenement or Dwelling House with the appurtenances in Harbour Main aforesaid now in the occupation of his son the said PATRICK kENNEDY unto him the said PATRICK KENNEDY his Heirs and Assigns for ever.
AND ALSO to give and devise a certain other ?? Tenement and Dwelling House in the occupation of said Intestate unto his Widow the said MARY KENNEDY for and during the term of her natural life and from and after her decease unto his son, the said JOHN KENNEDY his heirs and assigns forever.
AND ALSO to give and devise All that Fishing Room, Stores, Stages and Flakes also in the occupation of the said Intestate unto his two sons their Heirs and assigns for ever.
AND ALSO to give and devise all these pieces or Parcels of land, Gardens and Plantation also in the occupation of the said Intestate unto his said two sons and their heirs and assigns forever. Subject to the life Estate of the said MARY KENNEDY his wife in and to one third part or share thereof.
AND ALSO to give and bequeath the SCHOONER BELLISARIUS, Boats, ?? and Nets and every other article, matter and thing relating to the Fishery which he the said Intestate then has or should at the time of his decease have in his possession equally between and among his two sons, PATRICK KENNEDY and JOHN KENNEDY.
AND ALSO to give and bequeath all and singular his Household Furniture, Live and Dead Stock and Implements of Husbandry unto his Wife the said MARY KENNEDY and his sons the said PATRICK and JOHN KENNEDY, share and share alike.
AND ALSO to give and bequeath all his Money and securities for Money, Shop and Store Goods and every article of Merchantile Property untl his Wife the said MARY KENNEDY subject to the payment of the sum of Three Hundred Pounds to each of his children,the said BRIDGET SHEA, PATRICK KENNEDY, JOHN KENNEDY, MARY NEILE, and CATHERINE NEILE.
AND ALSO the sum of 300 pounds to his grandson the said THOMAS COSTIGAN and the sum of 600 pounds to his daughter MARGARET KENNEDY.
AND WHERAS the said Parties hereto being inclined and desirous to fulfil the wishes and intentions of the said Intestate have mutually agreed to make a division of his Estate and Effects and to execute good and effectual Convenances and assurances, thereof agreeable thereto. And the said MARY KENNEDY hath agreed to pay the several sums of 300 pounds in manner aforesaid. And hath jointly with the said RICHARD SHEA and MICHAEL NEILE given orders of Draft upon Mr HUMBERS of St Johns aforesaid Merchant in whose hands or Custody certain sums of Money were deposited by the said Intestate for the same. And hath also agreed to enter into a Covenant with said RICHARD SHEA, The Guardian of said MARGARET KENNEDY to pay her the said MARGARET KENNEDY or to him, the said RICHARD SHEA for her use the said sum of 600 pounds upon her attaining the age of 21yrs or marriage which shall first happen.
(The above conditions were agreed to by all parties.)
Mary Kennedy appeard Dec 31, 1817 in St Johns.
Recorded His Majesty Supreme Court, St Johns, NFLD.
1810, Nove 24th, 51st year Reign of George III, John Kennedy purchased land for 70 pounds from John Keating. Record HMSC St John's, NFLD March 8, 1813, Book DD folios 46,47,48.