In re
Patrick Murphy deceased.
This is the last will of me Patrick Murphy of St. John's Newfoundland
retired Road Inspector and I revoke all former wills by me made.
I appoint my nephew James Murphy son of late Michael Murphy executor of
this my will
[1]. I devise and bequeath my land situated on the North side
of Water St West in St. John's aforesaid bounded on the west by land now
or heretofore of one Mealey on the North now or heretofore by land of one
Knight and on the East by land of P Murphy Jr. as follows: To my daughter
Anastatia Barter the Western half with the erections on said half and To
my daughter Mary Hayes the Eastern half with the erections thereon, that
is to say the said land shall be halved by a dividing line running from
the Southern boundary to the Northern boundary equally distant from the
Eastern and Western boundaries But it is to be understood
[A] that all the dwelling house which I formerly occupied and
which extends over the arched passageway is to be my daughters Anastatia
Barters even though such extension may be to the Eastward of said dividing
line,
[B] that the land now used as a right of way from Water St West
aforesaid through said dwelling to rear of the dwellings on said land shall
be used as heretofore as a passageway in common for the owners and occupiers
of the said Western and Eastern halves of said land until the said legatees
or their respective executors administrators or assigns shall agree to
discontinue or vary the same; and
[C] that the barn now upon the said land partly on the said Western
half and partly on said Eastern half shall be owned as follows, namely,
that which stands on the said Western half to be owned by said Anastatia
Barter and that which stands on the said Eastern half to be owned by said
Mary Hayes and if a dividing wooden partition wall within the said barn
be desired by either of the said legatees it shall be done by and at the
cost of my estate.
[2]. I devise and bequeath my property at or adjoining Plank
Road in St. John's aforesaid to my daughter Agnes Brownrigg
[3]. I devise and bequeath my property at or adjoining Hamilton
Street in St. John's aforesaid to my daughter Margaret Hanley.
[4]. I devise and bequeath my land and erections where I now
reside at or adjoining Topsail Road in St. John's aforesaid to my
two daughters Elizabeth Evans and Ellen Maddigan in equal shares as tenants
in common.
[5]. I bequeath to my granddaughter Ellen Murphy sometimes known
as "Nell Aylward" the sum of two hundred dollars [$200]
[6]. I bequeath to my grandson Patrick Barter my shares in the
Bennett Brewing Co. Ltd. but if these shares are disposed of in my life
time or the said company ceases to do business he is to be given in lieu
thereof the sum of four hundred dollars [$400.00]
[7]. I bequeath to my grandson Patrick Hanley the sum of two
thousand dollars [$2000.00]
[8]. To the resident Priests in St. Patrick's Parish St. John's
aforesaid, at my death I give the sum of sixty dollars [$60.00] to be divided
equally between them to offer Masses for the repose of the souls of myself
my wives and my children deceased
[9]. The residue of my estate I bequeath in equal shares to my
said daughters Anastatia Barter Agnes Brownrigg Mary Hayes Margaret Hanley
Elizabeth Evans and Ellen Maddigan
[10]. If anyone or more of my said daughters predecease me leaving
child or children living at my death such child or children shall take
the mothers share [including that in the residue] - If one such child
it shall take all the mothers share but if more than one then such children
shall take the mothers share in equal shares as tenants in common
[11]. Should any one or more of my said daughters predecease
me leaving no child living at my death the bequests herein made to such
daughter or daughters shall go to my surviving daughters and the children
living at my death [if any] of my deceased daughter or daughters and be
divided among them so that one equal share of such bequests shall go to
each of my surviving daughters and a like equal share to the child or children
living at my death and for the purpose of distribution accordingly bequests
of land or property herein made to daughters who shall predecease one shall
if my executor desire be sold and converted into money.
In witness whereof I have set my hand to this my will at St. John's
aforesaid this 2nd day of October 1919 the word "Patrick" being struck
out on 2nd page. Patrick Murphy. Signed by the testator Patrick
Murphy as and for his last will in the presence of us who in his presence
and in the presence of each other have hereunto subscribed our names as
witnesses. Jas J. McGrath. T. Scanlon McGrath.
Correct William F. Lloyd
Registrar of the Supreme Court of Newfoundland.
(Listed in the margin next to this will the following)
Fiat Dec 16/19
Kent J..
Probate granted
to James Murphy
Dec 31/19.
Estate sworn
at $31,154.30 |