Transcribed by Judy Benson & Ivy Benoit. While we have endeavored to be as correct as humanly possible, there could be
some typographical errors
Newfoundland will books volume 2 pages 105-106 probate year 1852.
Will of Hannah Hierlihy|
In re: HANNAH HIERLIHY. DECEASED.
This is the last will and testament of me Hannah Hierlihy of the City of Halifax in the Province of Nova Scotia, Widow. My debts funeral and testamentary expenses being first paid I give and bequeath all and singular the household furniture, plate, linen, books, pictures, and other goods and chattels, which I may be possessed of at the time of my decease unto my beloved daughters Cornelia Jane, Margaret and Eliza equally, to and for their own proper and absolute use, benefit and disposal.
I give, devise and bequeath unto my friend William Howe Esquire of Halifax aforesaid Barrister-at-law, all the rest residue and remainder of the property real and personal of which I shall be possessed or to which I shall be entitled at the time of my decease, wheresoever the same may be or be situate or over which I have a disposing power whether the same consists of estates of freehold or for years, money in the funds or otherwise out upon security at interest and all debts due my bond mortgage or otherwise, and herein I particularly include any share interest or estate I may have or be entitled to in or out of any property, real personal or mixed, in Saint Johnís or elsewhere in the Island of Newfoundland as one of the children and heirs of the late Robert Bully of Saint Johns aforesaid Merchant deceased, or as one of the heirs of my mother Mrs. Jane Bollard late of the same place Widow deceased To have and to hold the same unto the said William Howe his heirs, executors, administrators and assigns upon trust for my said three daughters and the survivors and survivor of them my intention being to provide a common fund for their mutual support and maintenance with full power for my said trustee to sell all or any of my said property so devised and bequeathed to him as aforesaid, but only by and with the written consent of my said daughters or the survivors or survivor of them and to sign, seal and execute all papers deeds and documents necessary for perfecting such sale or sales thereof and to stand possessed of the produce of such sale or sales upon the trusts aforesaid and to invest the same or otherwise and to pay over the interest of dividends for the support of my said daughters or the survivor or survivor of them.
And my further intent and meaning is that in the event of the death of any two of my said daughters the survivor is to have the absolute ownership and control of the property hereinbefore devised in trust as aforesaid or of the produce of any sale or sales thereof or any part thereof to deal with the same in her life time or to dispose of it by her last will and testament in any way she may think fit
And I hereby declare that the purchaser or purchasers of any of my property real or personal shall not be obliged to see to the application of any monies paid to my said trustee or be accountable for the loss, mis-application or non-application thereof or any part thereof but the receipt of my said trustee shall sufficiently discharge any purchaser or purchasers, I direct that in case my said trustee or any future trustee shall die or wish to be released from this trust or neglect or refuse to act therein it shall be lawful for my said daughters or the survivors of them to appoint another as often as necessary by any writing under their hand and seals attested by one or more credible witnesses.
Lastly, I nominate and appoint the said William Howe sole executor of this my will.
In witness whereof I have hereunto set my hand and seal this fifteenth day of October in the year of our Lord one thousand eight hundred and fifty one.
H. Hierlihy (LS)
Signed sealed published and declared by the said Hannah Hierlihy as and for her last will and testament in the presence of us who in her presence and in the presence of each other at her request have subscribed our names as witnesses hereto as we have likewise done to a duplicate of the above written will at the same time.
Richd Tremain, Junr., F. M. Passow, Thomas Pyke.
D. M. Browning
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