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


Will of Mary Foley from Newfoundland will books volume 4 page 485-486 probate year 1883

In re
Mary Foley deceased.

In the name of God amen     I Mary Foley of Burin in the Southern District of the Island of Newfoundland Widow do make this my last will and testament.     First I give devise and bequeath unto the Parish Priest of Burin for the time being for the benefit of the Roman Catholic Church at Burin the sum of Four hundred dollars.     Second I give devise and bequeath the House I now live in and also the dwelling house now in course of erection also the garden attached to the house I live in unto my daughter Teresa Foley and in case she should die without issue then and in such case the said houses and garden aforesaid shall go and are hereby devised unto my daughter Mary E. married to Maurice Kelly at present of Boston free of the debts or control or her present or any future husband she may have The bequest aforesaid to my said daughter Teresa is upon the express condition that she will provide board lodging and clothing for my son Peter as long as he conducts himself in a quiet and proper manner and carries out the instructions of the said Teresa Foley the said Teresa Foley to be guided by the instructions of my executors herein after named.     Any debts due by me on goods and small debts in Burin to be paid out of my stock in trade which are to be sold and the proceeds after payment as aforesaid to go to my said daughter Teresa Foley     I give devise and bequeath unto my son John Foley a piece of land adjoining Dr. Smith’s, Murphys and Reddys to build a house on the said John Foley is not to sell or mortgage the said land nor permit any other person to live in said house and in case of his death without issue the said land is to go and is hereby bequeathed unto my said daughter Teresa and in case of her death without issue it is hereby bequeathed unto my daughter Mary E. married to Maurice Kelly now in Boston.
I give and bequeath unto my said daughter Teresa all my beds and bedding and household furniture of every description.     None of the land hereinbefore bequeathed and devised is to be sold or mortgaged.     All other property of every description not hereinbefore devised and bequeathed I give unto my said daughter Teresa.     I hereby nominate constitute and appoint the Parish priest of Burin aforesaid for the time being and Matthew Marshall of Burin aforesaid Merchant executors of this my will.     I hereby revoke and annul all other wills by me made or executed.     In witness whereof I have hereunto my hand and seal subscribed and set at Burin aforesaid this fifth day of September Anno Domini one thousand eight hundred and seventy seven.     Mary Foley. (LS)     Signed sealed published and declared by the said Mary Foley as and for her last will and testament in presence of us who have in her presence at her request and in presence of each other subscribed our names as witnesses hereto, James Moran, J.P.     M.J. O’Mara.

Certified correct,
D. M. Browning

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