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 9 pages 98-100 probate year 1910

Will of Denis Burke

In re: DENIS BURKE. DECEASED

In the name of God Amen. This is the last will and Testament of Denis Burke of St. Jacques Fortune Bay in the Southern district of Newfoundland. I will and desire that my Executors hereinafter named so soon after my death as will be convenient will pay out of my estate the sum of two hundred dollars ($200) as offerings for the benefit of my soul and the sum of fifty dollars ($50) to the Reverend Superioress of the Presentation Convent at St. Jacques.

I give devise and bequeath to my beloved wife Mary Burke for her sole use and benefit during her life all I am possessed of to have and to hold the same absolutely, and to use the same freely as her property without any let or hindrance from any person whomsoever. At the death of my said wife I give devise and bequeath to my son Francis Regis Burke the House at present occupied by Vincent Burke situated on Bonaventure Road, St. Johnís, also five shares in the New York Newfoundland and Halifax Steamship Company, together with my dwelling house and the furniture contained therein, store, wharf, flake and lands attached thereto and belonging to my estate. I also will that the expenses of the said Francis Regis education be paid out of my estate.

I will that the residue of my estate be divided between my five daughters in the following proportions that is to say, that the married daughters shall receive one share each and that the unmarried daughters receive two shares each or double the amount of the married ones. Should any of my married daughters die before the division of my estate I will that the said share be given to her children. Should any of my daughters remain unmarried they are to have a right to reside in my dwelling house as long as they wish to remain

If my son Francis Regis Burke above mentioned should die before his mother and unmarried. I will that the house, shares, dwelling house, store, flake and land be divided equally between my daughters or the survivors of them and if my said son Francis Regis die after his mother and unmarried I will that the residue of his estate, if any, shall be divided equally amongst his sisters. Should my wife Mary Burke above mentioned die before our son Francis Regis comes of age I hereby appoint my son in law Louis Giovannitti M.D. and my daughter Elizabeth Ellen as his guardians and will that no division of my estate be made until he comes of age.

Should any of my daughters be unmarried at the time of the division of my estate I will, devise and bequeath to them in equal proportions my shares in the Chelicamp Copper Company Limited Cape Breton. Should all be married, at the time, the said shares are to be divided equally amongst them. I give, devise and bequeath to my son Francis Regis Burke, sixteen shares in the Colonial Investment and Loan Company, also five shares in the same said Colonial Investment and Loan Company.

I hereby appoint my wife Mary Burke and my son in law Louis Giovannette M. D. Executors of this my last will and Testament and I revoke and annul all former wills and Testaments made by me. Made and dated at St. Jacques Fortune Bay in the Island of Newfoundland this Twenty first day of January one thousand nine hundred and seven Denis Burke Testator. Signed published and declared by the said Testator as and for his last will and Testament in the presence of us, who in his presence and in the presence of each other have hereto signed our names as witnesses to the due execution of the same witnesses William Burke Sr. Thomas Burke Sr.

Certified correct,
D. M. Browning
Registrar
(Listed in the margin next to this will the following) Fiat March 24/10 C.J. Probate April 6/10 granted to Mary Burke and Louis J Giovannetti Estate sworn at $10,536.00

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