Avalon South Region ~ St. John's District

St. John's - Will of James O'Neill (1905)

This is the last will of me James ONEIL of St. John’s Truckman made this second day of March A.D. 1905. I appoint my wife Mary Ann ONEIL executrix of this my will. I give devise and bequeath all the properties and monies of which I shall die possessed as follows. To my son Edward, I give devise and bequeath the new dwelling house situate on the field bounded by Freshwater Road and ?? under the same, and one hundred feet of land. From front to rear. I give devise and bequeath to my son William a portion of the afore said field forty feet frontage on Freshwater Road with a rearage of one hundred feet. I give devise and bequeath to my son Michael should he return to this Country a portion of the said field of the same dimensions as that bequeathed to my son William. Should he not return then the said piece of land I give devise and bequeath to my two sons Edward T. and William. I give devise and bequeath to my son Arthur the western end of the dwelling house in which I reside. Also the new barn occupied by him and ?? under the same, also the farm of about five acres situate at Freshwater Road at present held by him. I give devise and bequeath to my son James on the death of my wife, the eastern end of the dwelling house at present occupied by me also my barn, subject to the condition that he is to support the orphan children of my son Rhody Also long said son James, the fruit garden on the west side of the lane leading up to my dwelling house to the possession of the same on the death of my said wife. I give devise and bequeath to my son Arthur the flower garden in front of my said dwelling house. I give devise and bequeath to all the parties to whom property is bequeathed under this will a common right of way to the said properties up through the lane leading to my dwelling house. I give devise and bequeath to my son Arthur that piece of land situate between Moulton’s Fence and my son Arthur’s barn. I give devise and bequeath to my son Edward the farm situate on Pennywell Road consisting of about eight acres. I give devise and bequeath to my wife Mary Ann ONeil, the Eastern side of my dwelling house in which I reside and all furniture therein and all my farm stock and all monies of which I shall die possessed for her use during her life and on her death the said furniture stock and monies shall then be equally divided between the children of mine who shall then be residuary in Newfoundland.

In testimony whereof I have hereunto subscribed sealed my hand at Saint John’s Newfoundland this day and year first above written.

Signed by the said testator as his last will and testament by affixing his mark in the presence of us who in his presence at his request and in the presence of each other and in his presence have hereunto subscribed our names as witnesses the same having been first read over and explained and the ???? not ?? on the first ???

E. Morris James Oneil Xhis mark A. Rice

This is a codicil to my will bearing date the 3^rd day of March A.D. 1905. I revoke and cancel that portion of my said will which devise, to my son Arthur the farm of about five acres situate at Freshwater Road and I give devise and bequeath the said farm to my son James [one line blanked out because of crease in page while photocopying] whom the use of the same during her life. In testimony whereof I have hereunto affixed my name to this codicil this 3^rd day of March A.D. 1905.

Signed by the said testator by affixing his mark as and for a codicil which last will and testament in our presence who in his presence and in the presence of each other have hereunto subscribed Our names as witnesses the same having been first read over and explained to the said testor.

A.Rice

E. Morris

James Oneil X His mark

** Petition letter attached to will

To the Honorable the Supreme Court or one of the Honorable Judges thereof:

The petition of Mary Anne O’Neill, of St. John’s, widow, humbly sets forth as follows: -

1. On the 4^th day of March, A.D. 1905, your petitioner’s husband, James O’Neill, of St. John’s, truckman, died, having first executed a last will and testament, bearing date the 2^nd day of March, A.D. 1905, together with a codicil, bearing date the 3^rd day of March, A.D. 1905.
2. The said will appoints your petitioner as sole executrix thereof.
3. The said will hereto annexed marked "A", with its codicil hereto annexed marked "B", have both been proved upon oath by E.P. Morris, K.C., one of the subscribing witnesses to both.
4. At the date of his death the said deceased was possessed of property within the jurisdiction of this Honorable Court of the probably value of $2,900.00, as will appear by the inventory hereto annexed marked "C", which is to be taken as a part hereof.

Your petitioner therefore prays that letters of probate to the said will and codicil may be granted to her, and as in duty bound she will ever pray.

Dated at St. John’s, this 18^th day of April A.D. 1905

Mary A. O’Neil

Fiat

18 April 1905

Geo. M. Johnson

** Another document attached

Newfoundland,

St. John’s,

To wit.

I, Mary Anne O’Neill, of St. John’s aforesaid, widow, make oath and say as follows: -

1. I am the petitioner named in the foregoing petition for letters of probate to the last will and codicil of my late husband James O’Neill.
2. The several matters and things therein contained are just, correct and true to the best of my knowledge and belief.

Sworn before me at St. John’s

aforesaid, this 18^th day of April A.D. 1905

Mary A. O’Neil

D. Kent

Commissioner S.C.

Probate granted to Mary Ann O’Neil

On the 19^th day of April A.D. 1905

Value of Estate $2900.00