(Typed)
Will of Patrick O’Mullin, deceased
Certified Copy of Will for Reg of Deeds Pictou
THIS IS THE LAST WILL AND TESTAMENT of me, Patrick O’Mullin, of the City and County of Halifax, in the Province of Nova Scotia, Banker.
First: - I revoke and make void all wills and testaments documents heretofore executed by me.
Second – I make, nominate and appoint my brother, ROBERT O’MULLIN, and my Nephew, JOHN COLL O’MULLIN, both of the said City and County of Halifax, executors of this my last will and testament.
Third:- I give devise and bequeath to my said Nephew John Coll O’Mullin any and such pieces of my household furniture, pictures, plate and silver-ware as he may desire to take and retain for his own use.
Fourth:- I give devise and bequeath all my property real and personal whatsoever and wheresoever situate, which at the time of my decease I, or any person or persons in trust for me, am, or are possessed of, or entitled unto, to my said executors upon trust to convert the same, except my house and premises hereinafter mentioned, and the household furniture, pictures, plate and silver-ware therein contained, into money, and after payment of my just debts, and my funeral and testamentary expenses, to pay, first, the several bequests and legacies hereinafter mentioned in the fifth, sixth, seventh, and eighth clauses of this my will.
Signed Patrick O’Mullin
Fifth:- My said executors shall pay the charitable Institutions hereinafter named the sums as follows:
(a) To the Association for Improving the Condition of the poor, the sum of two thousand dollars;
(b) To the Catholic Orphanage the sum of two thousand dollars;
(c) To the Home of the Angel Guardian the sum of two thousand dollars;
(d) To the Monastery of the Good Shephard the sum of one thousand dollars;
(e) To the Halifax School of the Blind the sum of one hundred dollars;
(f) To the Deaf and Dumb Institution of Halifax the sum of one hundred dollars:
All of the said Charitable Institutions being those in the said City of Halifax commonly known and described by the names therein.
(words through out are added and scratched out – all initialed)
Sixth: - My said executors shall pay the following legacies:
(a) To His grace the Archbishop of Halifax, at the time of my decease, the sum of one thousand dollars;
(b) To Rev. J.B. Moriarity P.P. the sum of five hundred dollars;
(c) To Reverend Doctor William Foley P.P. the sum of two hundred dollars;
(d) To Reverend Doctor Cornelius Campbell P.P. the sum of one hundred dollars;
(e) To Reverend Charles Underwood P.P. the sum of one hundred dollars;
Signed Patrick O’Mullin
(f) To Reverend W.E. Young P.P. the sum of one hundred dollars;
(g) To my housekeeper, Ann Carroll, the sum of two hundred dollars;
(h) To the Maid Servant, if any, in my employ at the time of my decease, provided that she has been in my employ or the term of one year at least, the sum of fifty dollars;
(i) To Robert Kerr, of the City of Halifax, Miller, the sum of fifty dollars.
Seventh: - My said executors shall pay to my brother William O’Mullin, of Letermuck, Derry County, Ireland, in case her survives me, the sum of one thousand pounds Sterling money, and shall also pay the costs of exchange at the time that the sum is paid.
Eighth: - My said executors shall pay to Mary Ann Duddy of Feeney, Parish of Bnagher, Derry county, Ireland, the sum of one hundred pounds of Sterling money, and shall pay the costs of exchange at the time he same is aid, in case she survives me; but in case she shall has predeceased me, then my said executors shall pay the said sum of it to her brothers Robert and Patrick Duddy, share and share alike, if both shall survive me; or if only one of the two said brothers shall have predeceased me, then the whole to the survivor or if the said Mary Ann Duddy and the said two brothers shall all have predeceased me, then the same shall form a part of the residue of my estate; and in any case of any such payment my said executors shall also pay the costs of exchange at the time the same is paid.
Ninth: - I direct that my said brother Robert O’Mullin shall have the opinion, which option shall be exercised by him within six months after me decease, of taking possession of the house and premises, the remainder of the furniture, pictures, plate and silverware therein contained, now owned and occupied by me and known as Number 99 Pleasant Street, in the City of Halifax, and of having the possession and use of he said house and premises (and their contents) for his personal occupation so long as she shall live, free from my charge for rent of the same, on condition hat he do annually pay the taxes of whatsoever kind that may from time to time be assessed upon said house and premises and contents, and also the premiums of insurances thereon during such time as e may possess, use and occupy the same, ad on further condition that he during the said period do keep the said house and premises in good repair;
And if my said brother Robert O’Mullin shall predecease me, or in any case that my said brother shall survive me, then on the death of my said brother, or when and as soon as his occupation of, or his right hereunder to occupy the said house and premises shall cease and determine, I direct that my Nephew John Coll O’Mullin shall have the option, which option shall be exercised by him within six months after the happening of any of the events hereinbefore mentioned, whichever o said events shall first happen, of taking possession and of have he possession, occupation and the use of said house and premises, and contents o the like terms and conditions as are hereinbefore expressed with regards to my said brother Robert O’Mullin for so log as my said Nephew shall live;
And in case my said brother and my said Nephew, and each of them respectively, shall pre-decease me, or in case they or either if them shall survive me, and they and each of them respectively shall fail to exercise the option or options hereinbefore expressed, or in case the survivor of them shall fail to possess, occupy and use the said house and premises, or in case such survivor’s occupation or his right to occupy the said house and premises shall cease, or upon the death of the survivor of them, whichever event shall first happen, then I direct that the said house and premises and contents shall be sold by the Eastern Trust Company, which is hereinafter appointed my trustees, and that the proceeds of such sale form a part of the residue of my estate.
Tenth: - My said executors, after payment of the bequests and legacies hereinbefore mentioned, shall assign, transfer and convey to the eastern Trust Company, of the said City of Halifax aforesaid, a boy corporate, incorporated under the laws of the Dominion of Canada, the said house and premises now known as Number 99 Pleasant Street in the said City of Halifax, subject to the right of my said brother Robert O’Mullin and my said Nephew John Coll O’Mullin to possess, occupy and use the same as hereinbefore provided; and my said executors shall pay to the said Eastern Trust Company all the rest and residue of my estate which said company shall be
Signed Patrick O’Mullin
invested with and stand possessed of the same upon trust to invest the same, and also the proceeds of the sale of the said house and premises when the same are sold as hereinbefore directed, in good and safe securities, and hereafter to hold all the rest, residue and remainder of my estate, and the income there from and the accumulations thereof, upon the special trusts hereinafter mentioned in the eleventh, twelfth, thirteenth, fourteenth fifteenth and seventeenth clauses of this my last will.
Eleventh: - The said Eastern Trust Company, which is hereinafter called “My Trustees”, out of the income from time to time arising from all sums held by said Company as such Trustee, shall pay the following annuities: -
(a) The sum of thirty pounds Sterling money, per annum, and also the costs of exchange, payable in equal semi-annual installments to the Acting Guardian of my brother Frederick O’Mullin of Letermuck, in said County of Derry, Ireland, in case my said brother shall survive me, and as long as he shall live, the same to be paid applied by such Guardian for the maintenance use and support of my said brother as long as he shall live.
(b) The sum of eight hundred dollars per annum Canadian currency, and also the costs of exchange, payable in equal quarterly installments to my sister Jane O’Mullin, of Boston, in the State of Massachusetts, in the United States of America, in case my said sister shall survive me, and as long as she shall live.
Signed Patrick O’Mullin
Twelfth: - My said trustees, after payment of the said annuities hereinbefore mentioned, shall divide the income of the said residue of my estate into to equal shares; such division shall be made semi-annually; and my said trustees shall semi-annually pay one of such equal shares to my brother, Robert O’Mullin in case he shall survive me, so long as he shall lie, and the other such equal shares to my nephew John Coll O’Mullin in case he shall survive me and as long as he shall live.
Thirteenth: - And is case either my said brother Robert O’Mullin or my said Nephew John Coll O’Mullin should pre-decease me, or in case one of them should pre-decease the other, then my said trustees shall accumulate the share of the income of the residue of my estate which would otherwise be payable to the one so dying, and shall pay t same as hereinafter provided in the fifteenth and seventeenth clause of this my will.
Fourteenth: - And in case my said brother Robert O’Mullin and my said Nephew John Coll O’Mullin should both pre-decease me, or in case both of them should die before each and all of the annuities provided for in the tenth clause behoof shall have passed and determined, then my said trustee shall accumulate all the income of the residue of my estate, until each and all of the said annuities shall have ceased and determined and shall pay the same as hereinbefore provided in the fifteenth and seventeenth clauses of this my will.
Signed Patrick O’Mullin
Fifteenth: - And when each and all of the said annuities provided for in the tenth clause hereof shall have ceased and determined, and after the decease of my said brother Robert O’Mullin and of my said Nephew John Coll O’Mullin and of each of them, my said trustees shall pay out of the residue of my estate the following bequests and legacies:
(a) The sum of fifteen thousand dollars of Canadian Currency to the Congregation of the Missionary Society of St. Paul the Apostle, commonly called “The Paulist Fathers” o the City of New York, in the United States of America.
(b) The sum of fifteen thousand dollars of Canadian Currency to the Literary Society of St. Vincent Ferrer, commonly called the “Dominican Fathers” of the City of New York, in the United States of America.
(c) The sum of ten thousand dollars of Canadian Currency to His Grace the Archbishop of Halifax, Nova Scotia, to be applied by His Grace the Archbishop of Halifax, or by his successor in office, to the education of young men for the priesthood in the Archiepiscopal diocese of Halifax.
Sixteenth: - All the Succession Duties, if any, payable in respect of the bequests, legacies and annuities provided for in fifth, sixth, seventh, eighth, eleventh, and fifteenth clauses hereof shall be paid out of my estate, and in no such case shall any deduction be made from such bequests, legacies and annuities for or by reason of such duties.
Signed Patrick O’Mullin
Seventeenth: - All the rest, residue and remainder of my estate whatsoever and wheresoever my said Trustee shall pay to the Superior for the time being, in the Dominion of Canada, of the Order of the “La Companie de Jesus”, commonly called “The Society of Jesus” be by said Superior applied to the maintenance support and development of the work of the said order or society in the several provinces of the Dominion of Canada.
Eighteenth: - My said executors in paying over the rest and residue of my estate to my trustee, the said Eastern Trust Company as provided in the tenth clause of this my Will, may assign and transfer to the said trust Company, and the said Trust Company may accept the mortgages of real estate, if any, and the capital stock at its market value of any bank, and the stock and bonds, at tis market value, of any other incorporated Company, incorporated under the laws or doing business in the Dominion of Canada, if any, which I may own or hold at the tie of my death, and the said trust Company may I its discretion retain the said mortgages, capital stocks and bonds as an investment for the whole or part of the said rest and residue of my estate, and shall not be accountable should any deficiency arise by reason of any depreciation in the value of any of its said mortgages, stocks or bonds.
IN WITNESS WHEREOF, I, the said Patrick O’Mullin, have hereunto set my hand and Seal at the City of Halifax, in the Province of Nova Scotia, this twenty eighth day of June in the year one thousand nine hundred
Signed Patrick O’Mullin
In the manner following that is to say, to the first nine sheets hereof, I have set my hand subscribing the same with my name, and to this tenth ad last sheet hereof, I have subscribed my name and set my seal.
(Sgd.) Patrick O’Mullin (L.S.)
SIGNED, SEALED, PUBLISHED AND DECLARED by the said testator Patrick O’ Mullin as and for his last Will and Testament, the day ad year last above mentioned in the presence of us present at the same time, who, at his request and in his sight and presence, and in the presence of each other, have hereunto subscribed our names as attesting witnesses.
(Sgd.) Robt. E. Harris
Of 88 Barrington Street, Halifax,
N.S., Barrister at Law(Sgd.)
Charles H. Cahan
Of 88 Barrington Street, Halifax,
N.S., Barrister at Law
I, the within names Patrick O’Mullin, do make this present codicil which I order and direct shall be taken and for part of my within written last will and testament bearing date the 28th, day of June A.D. 1900. My executors shall pay to my housekeeper Ann Carroll the sum of four hundred dollars instead of the sum of two hundred dollars mentioned in clause numbered sixth (g) of my said will.
My executors shall pay to my brother William O’Mullin of Letermuck, Derry County, Ireland, in case he survives me the sum of one thousandone hundred pounds Sterling money, and shall also pay the costs of exchange at the time that same is paid instead of the sum of one thousand pounds Sterling as mentioned in clause numbered seventh of my said will.
I do revoke the clause numbered eleventh (a) of my said will and the annuity of thirty pounds Sterling money to the acting Guardian of my brother Frederick O’Mullin therein mentioned.
I do hereby ratify and confirm my said will bearing the date 28th. day if June A.D. 1900 in all and every respect save I so far as any part thereof is altered or revoked by this present codicil.
(Sgd.) Patrick O’Mullin (L.S.)
IN WITNESS WHEREOF, I, the said Patrick O’Mullin, have hereunto set my hand and Seal this 18th. day of August A.D. 1901.
SIGNED, SEALED, PUBLISHED AND DECLARED by the said testator Patrick O’ Mullin as and for a codicil to his last Will and Testament, and is to be taken as part thereof, in the presence of us and each of us the persons whose names are hereunder subscribed as witnesses to the signing sealing and publishing the same and who do so hereunder subscribe our names at the request and in the presence of the said Patrick O’Mullin and in the presence of each other this 18th. day of August A.D. 1901.
(Sgd.) D.M. Clarke
J. F. Black
Charles H. Caban
Province of Nova ScotiaCounty of Halifax S.S.Office of Registrar
The foregoing is a true copy of the Will and Codicil thereto, of Patrick O’Mullin, therein named, deceased, which has been admitted to Probate.
Douglas Howe
Depy. Registrar
Stamp
PROVINCE OF NOVA SCOTIA, REGISTRAR OF DEEDSOffice, County of Pictou, OCT 31 1901 I certify that the within instrument was duly registered at 2 PM of the above day in Book 3 page 317-324 on the certificate of John D. MacLeod Reg
John Yorston Registrar.
Vault - Registry of Deeds Shelf
