NL GENWEB

Transcribed by Judy Benson & Ivy Benoit. While I have endeavored to be as correct as humanly possible, there could be some typographical errors

Newfoundland will books volume 9 pages 403-408 probate year 1912

Will of Nicholas Wadden

IN RE:   NICHOLAS WADDEN    DECEASED

This is the last will and testament of me Nicholas Wadden of St. John's Newfoundland Shoemaker and I revoke all former wills by me made. I appoint my sons John and Michael to be the executors of this my will.

I give devise and bequeath to my son Nicholas

    (1) the house No 416 with the land thereunder and appurtenant thereto situate on the north side of Water Street West now occupied by one Raymond
    (2) the house on the east side of Buchanan Street occupied by tenants Snow and Anthony and the tenements immediately in the rear of the said house and the arch adjoining (which tenements include half the house occupied by Milley the other half of house occupied by Milley being hereafter devised to my son John) together with the land under the said houses and appurtenant thereto including the land over which is the archway provided that said archway is to be used as heretofore until the dwelling over the said archway be torn down or destroyed by fire
    (3) the northern house of two tenements No with the appurtenances as now enjoyed situate on the west side of Rossiters Lane built on leasehold land which is held under lease in the name of my son James Joseph (know as Joseph) My son Nicholas takes this last bequest subject to all conditions under the said lease except the payment of rent and I desire my son James Joseph to give my son Nicholas a sub lease accordingly
I give devise and bequeath to my son John
    (1) the house on the north side of Water Street now occupied by McGrath Bros - together with the land under and appurtenant to said house but subject to a right of way across the yard in rear of the said house for the benefit of the adjoining house which is hereinafter devised to my son Michael
    (2) the house on the south side of New Gower Street No 203 now occupied by F. Jackman (part of "Springdale Terrace") together with the land thereunder and appurtenant thereto including the yard with the outhouses therein and also one undivided third of the garden in the rear of said yard
    (3) the land with houses thereon both front and rear situate on the east side of Buchanan Street bounded on the north by the southern side of the said arch or passageway and the line of division between this land and that devised to my son Nicholas which line of division is a continuation of a line drawn at right angles to Buchanan Street from the southwest corner of the said arch and bounded on the south by land held under lease by John Wadden (cooper) of which lease I am assignee. It is understood that until destroyed by fire or torn down the dwelling or part of dwelling over said arch and half the house occupied by Milley is to be the property of my son John
    (4) all my right title and interest in the land held under lease by the said John Wadden (Cooper) and it is my wish and desire that in consideration of the foregoing bequests to my son John that he pay to my granddaughter Hattie (his own daughter) the sum of one hundred dollars per annum for 20 years or to such person or persons as she shall by will appoint if she die before the final payment

    I give and bequeath to my son John all the household furniture of every description including piano and machines and also shoemakers stock or leatherwork contained in the house which I now occupy and I desire him to use this bequest for the betterment or advancement of his children.

I give devise and bequeath to my son Patrick
    (1) all my right title and interest in premises held under lease from Estate of Hutchings in my son Patricks name situate on the north side of Water Street adjoining Duffs grocery store on the west and property of estate of Thorburn on the east
    (2) all my right title and interest in the land and premises now occupied by him situate on corner of Waldegrave & Georges Streets and
    (3) all my right title and interest in the land and premises on the north side of Water Street now occupied by A. E. Perkins provided this does not release my son Patrick from agreement entered into with me that I was to have the rent of the said premises upto and including rent due May 1. 1905 such rent to be collected and go to my executors as part of the residue of my estate.
I give devise and bequeath to my son James Joseph (Known as Joseph)
    (1) the house and land on north side of Water Street now occupied by him
    (2) the house on south side of New Gower Street No 205 now occupied by me (part of Springdale Terrace) together with the land thereunder and appurtenant thereto including one undivided third of the garden referred to in bequest (2) to my son John. And it is understood there is a right of way in rear of said house for the benefit of the houses devised to my sons John & Michael
    (3) all my right title and interest (subject as hereinafter expressed) that I may have in the property held under lease in my said son J. Josephs name from Estate of Hutchings which leasehold property is bounded by Hutchings Street on the west by Rossiters lane on the east and on the south by land held under lease in my sons Michaels name from estate of Hutchings. This last bequest is subject to bequest (3) hereinbefore made to my son Nicholas and my wish hereinbefore expressed that my son J Joseph sub lease as aforesaid for the term of the head lease Let to son.

    I give and bequeath to my son J Joseph all and any interest that I may have in the shares of The Newfoundland Consolidated Foundry Company Ltd standing in my son J Joseph's name in the books of the said Company.

I give devise and bequeath to my son Michael
    (1) the land and premises as now occupied by him situate on the north side of Water Street and adjoining the premises occupied by McGrath Bros; it is understood that this bequest includes the shed in the rear with the land thereunder which shed is now occupied by McGrath Bros as a paint shop
    (2) the house on the south side of New Gower Street No 207 now occupied by P. F. Lemessurier (part of Springdale Terrace) together with the land thereunder and appurtenant thereto including one undivided third of the garden referred to in bequest
    (2) to my son John And it is understood there is a right of way in rear of said house for the benefit of the houses devised to my sons John and J Joseph
    (3) all right title and interest that I may have in the property held under lease in my said son Michael's name from estate of Hutchings which leasehold property is bounded by Hutchings Street on the west by Rossiters Lane on the East and on the north by the said leasehold land held under lease in my said son J Josephs name
    I give and bequeath to my son Michael all and any interest that I may have in the shares of the Newfoundland Consolidated Foundry Company Ltd. standing in my son Michaels name in the books of the said Company. It is my desire and wish that in consideration of the foregoing Bequest to my son Michael he shall pay the life insurance premium of my granddaughter Hattie Duchimian according to the terms of the policy now effected on her life.
    I give devise and bequeath to my said granddaughter Hattie Duchimin the house on the east side of Buchanan Street now occupied by Lannigan and Dwyer together with the land thereunder and appurtenant thereto which premises adjoins John Wadden's (Cooper) on the north and is the southern part of my Buchanan Street property
The residue of my estate including the rent to be collected from premises occupied by A. E. Perkins and my interest as mortgagee in property of R. Cowan shall be applied
    (1) to the payment of my lawful debts
    (2) one hundred dollars thereof for masses for the repose of the souls of my deceased wife and self and
    (3) the balance (if any) to be equally divided between my executors as compensation for their services
All rents that I now collect accruing due within 3 months of my death to be part of the residue of my estate; the rents accruing due after said period to go to the legatees of the property out of which the rent arises Any ground rent or taxes due in respect of the property for which I or my executors collect rent as aforesaid shall be paid out of my estate until bequest handed over to legatee And it is also understood that the amount which I owe the Bank as endorser is to be a debt payable out of my estate and no one else is to be responsible

In witness whereof I have set my hand at St. John's this 28th day of January 1904 Nicholas his x mark Wadden Signed by the testator Nicholas Wadden by making his mark and declared by him to be his last will the said will having been first read over to the said testator the said reading and signing by his mark being done in our presence who in testators presence and in the presence of each other subscribed our names as witnesses (The word subject on 1st page and the word "pay" on this page having first inserted Jas. J. McGrath Thos. F McGrath

Certified correct,
D. M. Browning
Registrar
(Listed in the margin next to this will the following)
Fiat Feb 7/12 Johnson J. Probate Feb. 8/12 granted to John Wadden Michael Wadden Estate sworn at $8,457.00

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