Will of Nicholas Coady
from Newfoundland will books volume 1 pages 441 to 443 probate year 1844
Nicholas Coady deceased.
In the name of the Holy and undivided Trinity, the Father, Son and Holy Ghost Amen. Know all men by these presents that I Nicholas Coady of the Town of Saint John's in the Island of Newfoundland Cooper, being in perfect health of body and of sound mind and memory and knowing it is appointed unto all men once to die do make and ordain this my last will and testament that is to say principally and first of all I resign and commend my soul into the hand and disposal of Almighty God from whom I received it and my body I consign to the earth to be interred in decent Christian burial at the discretion of my executors nothing doubting but that at the general resurrection I shall be restored the same again by the almighty power of God. And as touching such worldly estate wherewith it has pleased God to bless me in this life I give demise and dispose of the same in the manner and form following that is to say,
First I give and bequeath to my well beloved grand daughter Mary Coady daughter of Joseph Coady late of Saint John's aforesaid Cooper deceased the westward end of that range of dwelling houses built by me situated at the south side of Duckworth Street in the town of Saint John's aforesaid the tenement being about fifteen feet wide in front and a yard and garden in the rear thereof about twelve feet wide hereby binding and limiting her the said Mary Coady and her heirs not to sell transfer or make over any interest hereby granted unto her or heirs lawfully begotten to any person or person whatsoever otherwise than by leasing the same for a term not exceeding twenty one years; but in case of the said Mary Coady's demise and none of her children lawfully begotten surviving her the said property so allotted as aforesaid the same is to be and become in equal proportions the property of my well beloved grandchildren Edward Bulger, Nicholas Bulger, Mary Ann Mullowney and Jeanna Collins, their heirs or survivors otherwise to be and remain with the legal heirs of the said Mary Coady.
Secondly, I do hereby give and bequeath to my well beloved grand daughters Mary Ann Mullowney, daughter of the late Thomas Bulger, Cooper, and wife of John Peter Mullowney Shopkeeper of saint John's aforesaid, and Joanna Collins daughter of Thomas bulger aforesaid and wife of James Collins of Old Perlican in the aforesaid Island of Newfoundland, and their heirs lawfully begotten, in equal proportions one half each, the center tenement of the aforesaid range of buildings together with the yard and garden in the rear thereof being the tenement at present occupied by myself.
Thirdly, I do hereby give and bequeath unto my well beloved grandsons Edward Bulger and Nicholas Bulger sons of the late Thomas Bulger aforesaid the easternmost tenement of the said range of buildings together with the yard and garden in the rear thereof hereby binding and limiting the said Edward Bulger and Nicholas Bulger that they shall not sell transfer or assign over the said premises to any person or persons whatsoever to the prejudice of the lawful heirs who may be entitled thereto otherwise than by granting a lease or leases thereof not to exceed twenty one years.
Fourthly, I give and bequeath unto my well beloved grand daughter Mary Coady aforesaid all the household furniture I may die possessed of as well as my bed and bedding to her own sole use and disposal free from any claim whatsoever.
Fifthly, I give and bequeath to my well beloved grandson Nicholas Bulger aforesaid to his own proper use and disposal all my body cloathing free from any other claims whatsoever And further I desire that if any or either of the within named legatees namely Mary Coady, Mary Ann Mullowney, Joanna Collins, Edward Bulger or Nicholas Bulger should die without issue lawfully born in wedlock that then their part or parts of the within bequeathed premises shall devolve on the surviving persons or issue of any or either of my grandchildren in an equal proportion and my great grandchildren is after the demise of my grandchildren to hold possess and enjoy the said property and in the same manner as is herein stipulated for my grandchildren.
In confirmation of this my last will and testament and to demonstrate my firm confidence and reliance on my worthy friends Mr. Thomas Flahavin of Saint John's aforesaid Taylor, and Mr. Michael Dealy of the same place Dealer, I do hereby nominate and appoint them my true and lawful executors to the execution hereof and do further revoke and disallow all and every other and former testaments wills and legacies bequeaths and executors by me in any wise before named willed and appointed and do hereby ratify and confirm this as my last will and testament.
In witness whereof I have hereunto set my hand and seal at Saint John's in the Island of Newfoundland aforesaid this twenty third day of June in the year of our Lord one thousand eight hundred and forty three. Nicholas Coady (LS)
Signed sealed and published and pronounced by the said Nicholas Coady as his last will and testament in the presence of the undermentioned witnesses, which said will has been read over unto the said Nicholas Coady and by him confirmed before us this day, George T. Haye. William Osborne.
D. M. Browning
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