Will of Patrick Fitzgerald  (from Newfoundland will books vol 11 page 310 and 311 probate year 1919)

This will was read, recorded and transcribed by JUDY BENSON.
While I have endeavored to be as correct as humanly possible, there could be some typographical errors



 

Will of Patrick Fitzgerald of Bell Island

In re 
Patrick Fitzgerald  deceased

This Is The Last Will And Testament of me Patrick Fitzgerald, of Bell Island in the Electoral District of St. John's. East, in the Island of Newfoundland, Farmer. 

I revoke all former wills by me at any time made and I appoint my son Peter J. the Executor of this my will: I will and direct that my just debts and my funeral and testamentary expenses shall be first paid out of my Estate: 

I give and bequeath to my son Bernard for his own use the piece of land whereon he now resides bounded North by Keough's property, East by property of Thomas Fitzgerald's sons, South by the road and by property of John Fitzgeral, and West by property of John Fitzgerald and John Keough's Road: I also give and bequeath to my said son Bernard for his own use the piece of land near Martin's Lane, bounded North by the reserved Road, East by land of Edward Butler, South by the River, and by property of my daughters, West by the Main Road and property of my daughters; I will and direct that my said son Bernard is to receive these two pieces of land subject to the condition that he pay my wife Julia, if she survive me, the sum of Twenty-five-dollars per year during the term of her natural life: I give and bequeath to my son Peter J. the piece of land on which his house is situate bounded on the North by the Old Road, that formerly went by the cellar, East by property of Martin Fitzgerald, South and West by property of Thomas Fitxgerald's sons: I also give and bequeath to my said son Peter J.  the piece of land known as the "Pinch Meadow" bounded on the North by the River, East and South by the Main Road, and West by property of Keough: I also give and bequeath to my said son Peter J. the piece of land near Martin's Line, bounded on the North by property of my daughter Maria, East by property of Edward Butler, South by other property of my said son and Thomas Normore, and West by Martin's Line And measuring One hundred feet in width along Martin's Line: I also will and direct that the several pieces of land are bequeathed to my said son Peter J. subject to the condition that he shall pay my wife Julia, if she survive me, the sum of Twenty-five dollars per year during the term of her natural life: I give and bequeath to my daughter Bridget the piece of land situate on Martin's Line measuring One hundred and seventy yards on a line running East and West and thirty three yards north and south, the said piece of land being bound on the North by property of Annie Fitzgerald on the East by property of Patrick Fitzgerald, and on the south by the main Brook River and on the West by Martin's Road: I give and bequeath to my daughter Annie a piece of land situate on Martin's Line measuring One hundred and seventy yards on a line running East and West and thirty-three yards North and South, the said piece of land being bounded on the North and East by property of Patrick Fitzgerald, on the South by property of Bridget Joyce and on the West by Martin's Road: I give and bequeath to my daughter Maria a piece of land situate on Martin's Line Measuring One hundred and seventy yards on a line running east and west and Thirty-three yards North and South, the said piece of land being bounded on the North, East and South by property of Patrick Fitzgerald and on the West by Martin's Road: I give and bequeath to my said sons Bernard and Peter J. and to my said daughters Annie and Bridget in equal shares as tenants in common the fishing room situate on the Beach, the said fishing room being twelve feet wide running East and West and being bounded on the North by property of Martin Fitzgerald, and East by the Dwyer's property, on the South by the water and on the West by property of William Bennett: I give and bequeath to my daughter Maria the piece of land situate on the Beach known as the "Cabbage Garden" bounded on the North by the road, East by property of Annie Fitzgerald, South by the Raod and West by property of Patrick Murphy: I give and bequeath to my said executor the parcel of land known as "Peggy's Place" {the said property being bounded on the North by property of Margaret Dwyer, on the East by property of Peter Jackman, on the South by property of Patrick Murphy and Martin Fitzgerald and on the West by the Main Road) to be held by him in trust until my grandson Patrick Fitzgerald, child of my decease son Patrick, attains the age of Twenty-one years.  I will and direct that on my said grandson attaining the age of Twenty-one my said executor shall give him the said property subject to his coming there to live or in the event of his not desiring to live there of his selling it to either of my children or grandchildren.  If my said grandson should not reach the age of twenty-one or if he should not be prepared to either come on the said property to live or to sell it as mentioned then and in either of such cases I give and bequeath the said property to my said son Peter J. .I give and bequeath my dwelling house and the land around the said house on the North side of the wall on the old Road to my wife Julia for her own use absolutely: The balance of my property of every kind including my household furniture and effects. And any cash in Bank or that I may leave on hand I give and bequeath to my said wife Julia for her own use. 

In Witness Whereof I have hereunto subscribed my hand at St. John's this 31st. day of July, A.D. 1914. 

Patrick Fitzgerald X his mark. 

Signed, Published, and Declared by the Testator as and for his last Will and testament in presence of us {both being present at the same time} who at his request and in his presence hereunto subscribe ourselves as Witnesses attesting the due execution hereof: the same having been first read over and explained to the testator who appeared perfectly to understand the same, and who signed the same by making his mark thereto in our presence

W.J. Higgins. Kevin. J. Keegan.

Correct William F. Lloyd
Registrar of the Supreme Court of Newfoundland. 
(Listed in the margin next to this will the following)
Fiat April 16/19
Kent. J.
Probate granted to
Luke J. Fitzgerald
April 17/19
Estate sworn at
$2.130.00
 

© 2003 Judy Benson and NL GenWeb

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