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 203 to 205 probate year 1856
|Will of James Furlong|
James Furlong deceased.
This is the last will and testament of me James Furlong late of Oderin, Placentia Bay, at present of St. Johnís in the Central District of the Island of Newfoundland, Merchant, In the first place it is my will and desire that my trade and business at Oderin and elsewhere be with all convenient speed finally closed and settled in accordance with the terms of co-partnership with Patrick Furlong and all remaining stock and personal property then belonging to me at the time of my death realised (landed property and premises at Oderin, Nova Scotia or elsewhere to be sold or let at the discretion of my executors And after payment of all my just debts I hereby direct that the amount realised from the trade and from all other sources (with the exception of the sum of fifty pounds currency a specific legacy hereinafter mentioned) be vested and placed at interest to the best advantage for the support and maintenance of my wife and children. I further order and direct that from and out of the interest arising from such investments and from Bank or other stock or property of which I may die possessed my executors hereinafter named shall pay or cause to be paid to my wife Margaret Furlong the sum of three hundred pounds currency yearly and every year during the term of her natural life, but only so long as she shall remain a widow and unmarried, being for her own support and maintenance, and for the support and education of such of my children as shall survive me until the youngest of them shall have attained the age of twenty one years. I hereby appoint my wife Margaret Furlong and my said executors joint guardians of my children, so long as she the said Margaret Furlong shall remain a widow. But should my said wife again intermarry she shall cease to be guardian. The yearly payment of three hundred pounds to be then discontinued and all her interest and claim upon such estate as I may die possessed of to cease and determine. In the event of the death or second marriage of my said wife I will and direct that my said executors shall pay or cause to be paid to my daughter Johanna Furlong the sum of fifty pounds currency yearly and every year during the term of her natural life to and for her support and maintenance And also shall pay or cause to be paid yearly and every year the said sum of Three hundred pounds currency (or so much thereof as shall be necessary) towards the support maintenance and education of my children Elizabeth furlong, Mary Furlong, Susan Furlong, James Peter Furlong, Catherine Stafford Furlong and John Thomas Mullock Furlong, and such other child or children as may hereafter be born by me begotten share and share alike untill the youngest shall have attained the age of twenty one years. The residue of my estate saving and excepting the annuities and bequest hereinbefore mentioned to be from time to time vested by my executors and so remain until the youngest of my children shall be twenty one years of age. The said residue of principal and interest (saving annuities as aforesaid) I will and direct shall be divided among such of my children as may then be living (excepting my daughter Johanna furlong to whom the annuity of fifty pounds subsists) share and share alike. The share and portions here devised to my daughters I will and direct shall be held by my executors in trust to be applied to and for each oneís separate use and free from any control of any husbands or husband they or either of them may hereafter marry I further will and direct that any of my daughters marrying without the consent of their guardians shall forfeit all interest and claim on my estate their shares to be then divided amongst their brothers and sisters equally in trust or otherwise according to the provisions of this will It is further my will and I hereby direct and order that in the event of the death or second marriage of my wife the foregoing annuity of three hundred pounds shall merge in my general estate and be disposed of amongst my children in the manner herein provided as respects the residue
I hereby devise and bequeath all my household furniture to my wife Margaret Furlong for her own separate use I also devise and bequeath to the Roman Catholic Bishop of Newfoundland for the time being the sum of fifty pounds currency for charitable purposes at his discretion
The shares of my daughters to go for the benefit of any child or children they or any of them may leave them surviving Should they die without issue their shares to be divided amongst their surviving brothers and sisters. I hereby appoint wife Margaret Furlong (whilst a widow) the Roman Catholic Bishop of Newfoundland and my executors hereafter named to be the guardians of my children under the provisions of this will. I also nominate and appoint my friends John Kavanagh of St. Johnís, Newfoundland, Merchant, and Thomas J. Kough of the same place Barrister-at-law, to be my executors and trustees to carry out the provisions of this my last will and testament I hereby lastly annul disallow and make void any other or former will or wills testament or testaments by me heretofore made.
Dated at St. Johnís in the Island of Newfoundland this second day of April Anno Domini one thousand eight hundred and fifty five.
James Furlong (LS)
Signed sealed published and declared by the said James Furlong as and for his last will and testament in presence of who in the presence of each other and in the presence of the said James Furlong and at his request have subscribed our names as witnesses, hereto
F.B.T. Carter, Wm. Geo. Flood, Thos. J. Kough.
D. M. Browning