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Posted by Cathy Gowdy on Thursday, March 30, 2006 at 11:03:57 :

Marin Journal
Thursday, March 13, 1890

Will of Col. Donahue

The will of the late Col. Donahue was filed in the Clerk’s office here on Tuesday for probate. It is as follows:
In the name of God, amen.
I, James Mervyn Donahue of Marin county, State of California, being of sound and disposing mind, do hereby make, publish and declare this my last will and testament in words following, to wit:
I – I desire that all my just debts be paid.
II – I declare that all the estate of which I am seized and which is herein disposed of and of which I die possessed is my separate estate.
III- Having heretofore made provision for my wife out of my estate, I desire that she shall take nothing further out of my possessions.
IV – I bequeath to my godchild Olive Maguire the sum of $25,000.
V -I give and bequeath to St. Vincent’s Orphan Asylum, in Marin county, Cal., the sum of $20,000.
VI - I give and bequeath to the Roman Catholic Orphan Asylum of San Francisco, Cal., the sum of $20,000.
VII – To the Archbishop of San Francisco I give in trust – to be by him divided according to his best judgment among the Roman Catholic charitable institutions of San Francisco – the sum of $100,000.
VII [sic] – I direct my executors, hereinafter named, to cause to be erected at the intersection of Market, Bush and Battery streets, in San Francisco, opposite First street, for the city, a public fountain dedicated to mechanics, in memory of my father, at a cost of the sum of $25,000.
VIII – I give and bequeath to each of the children of T. G. Maguire not heretofore mentioned the sum of $5,000.
IX – To my aunts, Miss Ellen Maguire and Mrs. Susan Low, $10,000 each.
X – To my uncle, Thomas Donahue, I give and bequeath $10,000.
XI – I direct my executors, hereinafter named, to pay to each of the orphan asylums of San Francisco not heretofore named the sum of $5,000.
XII – I give and bequeath to the two children of my sister, Mrs. M. E. von Schroder, namely John Henry von Schroder and Jeanette von Schroder, the sum of $5,000 each as a token of my affection.
XIII – I give and bequeath to my private secretary, J. F. Bergin, the sum of $5,000.
XIV – The rest and residue of my estate I devise to the Archbishop of San Francisco and two trustees, to be appointed by the Judges of the Superior Court of San Francisco, to be applied to the purchase of a sustable [sic] piece of land in the city of San Francisco and the erection thereon of a home for aged men and women, with the investment of so much of the residue as shall give a reasonable income for the support and maintenance of the same.
I hereby appoint Peter J. McGlynn and J. F. Bergin executors of this my last will and testament, to serve without bonds, with full power to sell and dispose of all my property in order to carry out the provisions of this will.
In witness whereof I have hereunto set my hand and seal this 17th day of May, 1888.
W. J. Hilands,
E. S. Lippett
We hereby certify that the foregoing pages were declared by the testator to be his last will and testament, that he’s signed it in the presence of us both, and we, at his request and in his presence and in the presence of each other, signed it as witnesses thereto.
W. J. Hilands, Oakland, Cal.
E. S. Lippitt, Petaluma, Cal.
Since I executed this, my last will and testament, a child has been born to my wife, Belle W. Donahue, viz: a boy, on January 15,1889, since baptized and named Peter Donahue, to whom I will and bequeath the sum of $5,000,and in case any child or children are born to my said wife, Belle W. Donahue, I will to the child or children and bequeath the sum of $5,000 to each or any if born. I hereby direct my executors above named to deduct from the residue directed to be given for the home for old men and women the sums hereby willed in this codicil.
Witness: Carlton Coleman, W. H. Menton

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