NL GenWeb Wills

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 13 pages 399-400 probate year 1926

Will of Ambrose Burke
IN RE: AMBROSE BURKE. DECEASED In the name of God, Amen. This is the last Will and Testament of me Ambrose Burke, fisherman of Tilting in the Island of Newfoundland, being well in health, sound of mind memory and understanding, made this 15th (fifteenth) day of October in the year of Our Lord One thousand nine hundred and twenty three. 15th Oct 1923. (1) I revoke all former Wills or other Testamentary dispositions by me at any time heretofore made and declare this only to be and contain my last Will and Testament. (2) I hereby nominate and appoint William McGrath of Tilting to be Executor of this my Will. (3) I direct that a head stone be erected over my grave as soon as conveniently may be after my death and four Masses annually for my soul after death. (4) I give and bequeath all the real and personal estate of which I am now the lawful possessor unto William Burke (son of Joseph Burke and Margaret Foley) of Tilting aforesaid, his heirs and assigns absolutely forever. That is to say my present estate situate both here at Tilting and at St. John's Nfld - Viz- At Tilting: All the ground or lands that have been measured for me, including four gardens and my house, Store, Stable and Stage and fishing gear and residue of household effects. At St. John's: All my estate ie my house and lands situate on Military Road; All these I give unto William Burke aforesaid, his heirs and assigns forever and do hereby declare that this my last Will is and shall be considered irrevocable, unalterable and immutable. (5) I direct that after my death the sum of thirty dollars ($30.00) shall be paid annually unto Agnes Hamilton of Joe Batts Arm, Nfld during her natural life. This sum shall be paid to her from the revenue of the St. John's estate aforesaid; failing revenue this obligation shall lapse. Agnes Hamilton aforesaid shall stand her pro rate share of solving the encumbrance on my St. John's estate which from this day becomes the property of William Burke, who shall, after all expenses are deducted, give me one half of the revenue from the aforesaid St. John's estate, William Burke shall also take immediate possession of my property, lands etc situate at Tilting. (6) In consideration of this my last Will and Testament, William Burke aforesaid, his, heirs and assigns shall until my demise provide for my maintenance and support. In witness whereof I have hereunto set my hand on this fifteenth day of October in the year of Our Lord one thousand nine hundred and twenty three - 15th October 1923. AMBROSE BURKE. Signed, published and declared by the above named Testator as and for his last Will and Testament, having been read and fully understood by said Testator in the presence of us both present at the same time, who at his request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses. Witnesses to signature of Testator. Wm J McGrath. William Dwyer. CORRECT. William F. Lloyd Registrar of the Supreme Court of Newfoundland. (Listed in the margin next to this will the following) Fiat August 10th, 1926. Horwood C. J. Probate granted to William McGrath. August 12/26. Estate sworn at $2773.00

Will of Ambrose Burke

IN RE: AMBROSE BURKE. DECEASED

In the name of God, Amen.

This is the last Will and Testament of me Ambrose Burke, fisherman of Tilting in the Island of Newfoundland, being well in health, sound of mind memory and understanding, made this 15th (fifteenth) day of October in the year of Our Lord One thousand nine hundred and twenty three. 15th Oct 1923.

(1) I revoke all former Wills or other Testamentary dispositions by me at any time heretofore made and declare this only to be and contain my last Will and Testament.

(2) I hereby nominate and appoint William McGrath of Tilting to be Executor of this my Will.

(3) I direct that a head stone be erected over my grave as soon as conveniently may be after my death and four Masses annually for my soul after death.

(4) I give and bequeath all the real and personal estate of which I am now the lawful possessor unto William Burke (son of Joseph Burke and Margaret Foley) of Tilting aforesaid, his heirs and assigns absolutely forever. That is to say my present estate situate both here at Tilting and at St. John's Nfld - Viz- At Tilting: All the ground or lands that have been measured for me, including four gardens and my house, Store, Stable and Stage and fishing gear and residue of household effects. At St. John's: All my estate ie my house and lands situate on Military Road; All these I give unto William Burke aforesaid, his heirs and assigns forever and do hereby declare that this my last Will is and shall be considered irrevocable, unalterable and immutable.

(5) I direct that after my death the sum of thirty dollars ($30.00) shall be paid annually unto Agnes Hamilton of Joe Batts Arm, Nfld during her natural life. This sum shall be paid to her from the revenue of the St. John's estate aforesaid; failing revenue this obligation shall lapse. Agnes Hamilton aforesaid shall stand her pro rate share of solving the encumbrance on my St. John's estate which from this day becomes the property of William Burke, who shall, after all expenses are deducted, give me one half of the revenue from the aforesaid St. John's estate, William Burke shall also take immediate possession of my property, lands etc situate at Tilting.

(6) In consideration of this my last Will and Testament, William Burke aforesaid, his, heirs and assigns shall until my demise provide for my maintenance and support.

In witness whereof I have hereunto set my hand on this fifteenth day of October in the year of Our Lord one thousand nine hundred and twenty three - 15th October 1923.

AMBROSE BURKE.

Signed, published and declared by the above named Testator as and for his last Will and Testament, having been read and fully understood by said Testator in the presence of us both present at the same time, who at his request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses.

Witnesses to signature of Testator.

Wm J McGrath. William Dwyer.

CORRECT.
William F. Lloyd
Registrar of the Supreme Court of Newfoundland.

(Listed in the margin next to this will the following)
Fiat August 10th, 1926. Horwood C. J. Probate granted to William McGrath. August 12/26. Estate sworn at $2773.00