Will of John O'Donnell
I, John O'Donnell of Mount Fyffe Road Kaikoura in the County of Kaikoura, Farmer, declare this to be my last Will and Testament hereby revoking all former Testamentary writings.
I direct the payments of all my just debts and testamentary and funeral expenses.
I devise and bequeath all my real and personal property whatsoever and wheresoever situate unto my dear wife Fanny O'Donnell, my brother in law James Gallagher, and Michael Dee upon trusts and for purposes herinafter declared concerning the same.
I direct my said trustees or the survivors or survivor of them at such time or times after my decease as it shall seem to them or him or her necessary and desirable for the interest of my children but not sooner to convert into money all or any part of my said property whether real or personal.
And to stand possessed as well the moneys arising from every such sale as of such parts of my said property as for the time being shall remain unconverted upon trust as to the annual income thereof to pay the same to my said dear wife for her life or so long as she remains unmarried, for the maintenance and support of herself and my children and towards the education of the latter and from and after my dear wife's death or remarriage upon trust that the said James Gallagher, Michael Dee and my said dear wife (if then alive) shall apply the said income as a common fund towards the maintenance, education and advancement in life and otherwise howsoever, for the benefit of all my children in such manner and in such proportions as to the said James Gallagher and Michael Dee and my said dear wife (if then alive) shall seem right.
And as to my said real and personal property or the proceeds of the sale thereof (if the power to see herin contained has been acted upon).
Upon trust after the death of my said dear wife, that the said James Gallagher and Michael Dee shall divide the same equally among all my children who shall attain the age of twenty one years, the children of any child dying under that age to take the share to which if alive, their parent would have been entitled.
Provided that if any of my daughters marry before they or she attain the age of twenty one years, such daughter or daughters shall not be entitled to receive a share.
Provided also that it shall be lawful for my said trustees at any time after my death in such manner as may seem to them best to raise any sum or sums of money not exceeding in the whole, one half of the then expectant presumptive or vested share of any of my children and apply the same for his or her advancement in life or benefit, as the said Trustees shall think fit.
Provided further and I hereby declare that if there shall be no child of mine alive at my death or none of my children shall attain the age of twenty one years or die under that age, leaving lawful issue, it shall be lawful for my said wife to dispose of my said property by her will (whether made before or after the happening of the event upon which her disposing power arises) as she may think best.
I appoint my said dear wife and the said James Gallagher and Michael Dee executors of this my will and guardians of my children and it is my express will that they alone and the survivors or survivor of them shall have the control and management of the education, both religious and secular of my said children after my death.
In witness whereof I have hereunto set my hand, this fourth day of August one thousand eight hundred and seventy nine. John O'Donnell X (his mark).
Signed by the Testator John O'Donnell as his last will and Testament in the presence of us both present at the same time, who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses. Signed Jeremiah Curtain, Kaikoura, Farmer. Signed Patrick Peoples, Kaikoura, Framer.
I hereby certify that the contents of this document were read out to the Testator John O'Donnell before he subscribed to it. Signed William Smith, JP, Kaikoura.
4th August 1879
In the Supreme Court of New Zealand, Nelson District
In the matter of the Will of John O'Donnell, late of Kaikoura in the provincial District of Marlborough, and now deceased.
Be it known to all men that on this second day of November in the year 1880, the last Will and Testament of John O'Donnell deceased, a copy of which is hereunto annexed hath been exhibited, read and proved before His Honor James Prendergast Esquire and administration of the personal estate, effects and credits of the deceased hath been and is hereby granted to Fanny O'Donnell, one of the executors in the said will and Testament named, being first sworn faithfully to execute the said will by paying the debts and legacies of the deceased as far as the property will extend and the law binds (and also to exhibit unto this court a true full and perfect inventory of the said property on or before the second day of May 1881 and file a true account of her executrixship on or before the 2nd day of November 1881).
Reserving nevertheless to this Court, full power and authority to grant like probate and administration to James Gallagher and Michael Dee, the other executors named in the will, whenever they shall appear before this Court and sue for the same.
Given under the seal of the Supreme Court of New Zealand at Blenheim this third day of May 1881. Signed Hartley McIntyre, Registrar (Seal)
In the Supreme Court of New Zealand, Nelson District
In the matter of the will of John O'Donnell, late of Kaikoura in the provincial District of Marlborough, Farmer, deceased
Be it known to all men that on this fifteenth day of May in the year one thousand eight hundred and eighty five, the last will and Testament of John O'Donnell, deceased, a copy of which is hereunto annexed, hath been exhibited, read and proved before His Honor Christopher William Richmond Esquire, a Judge of the Supreme Court of New Zealand for the District of Nelson and Administration of the estate, effects and credits of the deceased hath been and is hereby granted to James Gallagher, one of the executors in the said will and testament named, being first sworn faithfully to execute the said will by paying the debts and legacies of the deceased as far as the property will extend and the law binds.
Given under the Seal of the Supreme Court of New Zealand this fifteenth day of May 1885. Signed John Allen, Registrar (Seal)