In re
Margaret O'Brien deceased.
I, Margaret O'Brien of St. John's, married woman, do hereby revoke all
former wills and testamentary dispositions made by me, and declare this
to be my last will and testament. I appoint John J. Mullally and
Thomas O'Neil both of St. John's, hereinafter called my Trustees, to be
the executors and trustees of this my Will. I give and bequeath the
land together with the dwelling houses thereon situate on Alexander and
Job Streets, provided that my husband James be not living at the time of
my death, to my Trustees upon the Trusts following:- that is to say
To pay the income thereof to my sons Gerald, John and Michael until
the marriage of Gerald. Upon the marriage of my son Gerald, my Trustees
shall pay the whole of said income to him, and eight years after his said
marriage should he then be living my Trustees shall assure the said land
and dwelling houses to him absolutely. Should my said son Gerald
die after marrying and before a period of eight years shall have elapsed
between his marriage and death, and leave issue surviving him of said marriage,
my Trustees shall assure the said land and dwelling houses unto the use
of said issue. Should my son Gerald die unmarried or being married
leave no issue surviving him, [Subject however to the Trust hereinbefore
contained] then my Trustees shall assure the said land and dwelling houses
unto the use of the issue of any of my children marrying, and if there
be more than one assure the same to them in equal shares. Should
all of my children die unmarried or being married leave no issue surviving
them or either of them, then the said land and houses shall be held by
my Trustees and the income thereof applied towards the education and maintenance
of the sons of poor Roman Catholic parents who shall study for the purpose
of taking Holy Orders. Should my said husband James be living at
the time of my death, I give and bequeath to him the aforesaid land and
dwelling houses.
In witness I have set my hand to this my Will, this 17th day of February,
A.D. 1908. Margaret O'Brien.
Signed by the above named Margaret O'Brien, as her last Will, in the
presence of us both being present at the same time, who in her presence,
and in the presence of each other, have hereunto subscribed our names as
witnesses. Annie Burke. (?) P. Gibbs.
Correct William F. Lloyd
Registrar of the Supreme Court of Newfoundland.
(Listed in the margin next to this will the following)
Fiat May 27/20
Kent J.
Probate granted
to John J. Mullally
and Thomas O'Neil
June 5/20.
Estate sworn
at $3000.00 |