Suffolk, ssProbate Court #260,761
ESTATE OF MARTIN M. LOMASNEY
AGREEMENT FOR COMPROMISE OF CONTROVERSY
CONCERNING THE PROBATE OF THE WILL OF
MARTIN M. LOMASNEY
A G R E E M E N T made this sixteenth day of December 1935 between William M. Prendible of Boston, named as Executor and Trustee of the last will and testament of Martin M. Lomasney, late of boston in the County of Suffolk and Commonwealth of Massachusetts, deceased, and legatee under said will; Joseph P. Lomasney of said Boston, brother and sole heir at law and next of kin of said Martin M. Lomasney, and legatee under said will; John R. Murray, Mary Murray, and Catherine Joyce, all of said Boston, first cousins of said Martin M. Lomasney and legatees under said will; Nellie Bleudo, Anna Bonner, John J. Leary, Daniel Breen Hurley, Robert E. Prendible, all of Boston, legatees under said will; Pastor of St. Joseph’s Roman Catholic church, Paster of St. Mary’s Catholic Church, Pastor of St. Stephen’s Catholic church of said Boston and legatees under said will; and the Attorney General of the Commonwealth of Massachusetts representing the charities named in said will;
WHEREAS a controversy has arisen concerning the probate of the last will and testament of Martin M. Lomasney; and
WHEREAS appearances have been filed in opposition to the probate of said will and a motion to frame issues for a jury trial has been filed on behalf of said Joseph P. Lomasney; and
WHEREAS of said Boston in said County of Suffolk has been duly appointed guardian ad litem to represent the interest in said Estate of any persons unborn or unascertained; and
WHEREAS the parties hereto are desirous of effecting a compromise of said controversy;
NOW, THEREFORE, in consideration of mutual covenants and agreements herein contained, the parties hereto covenant and agree with each other as follows:
1. Any opposition to the probate of said last will and testament of said Martin M. Lomasney is to be withdrawn and said will presented to the Probate Court of the County of Suffolk for probate.
2. The Estate of said Martin M. Lomasney is to be administered by the Executor designated in said will in accordance with said will and with this agreement.
3. Instead of the bequest on page 1 of said will to said Joseph P. Lomasney of the sum of Twenty-five hundred dollars ($2500) the amount of said bequest to said Joseph P. Lomasney is increased to Twelve thousand five hundred dollars ($12,500).
4. Instead of the bequests on page 1 of said will to said John R. Murray, Mary Murray and Mrs. Catherine Joyce of the sum of Twenty-five hundred dollars ($2500) each the amounts of said bequests are increased to Thirty-five hundred dollars ($3500) each.
5. The bequest on page 2 of said will in trust to pay to said Joseph P. Lomasney from the income thereof Three thousand dollars ($3000) each year of his life is changed to increase the amount so payable to Five thousand dollars ($5000) each year of his life, but said bequest is not otherwise changed.
6. The parties hereto request that the Honorable the Judge of the Probate Court in and for the Couty of Suffolk authorize the adjustment of said controversy in accordance with the terms of this agreement and represent that they and each of them are of full age and legal capacity.
IN WITNESS WHEREOF the parties have hereunto set their hands and adopted the common seal hereto affixed this sixteenth day of December, 1935.
[Signed]
William M. PrendiblePas. Michael J. Werby
Pastor of St. Joseph’s Roman Catholic Church
Robert E. PrendibleRev. L.A. Sorey, S.J.
Pastor of St. Mary’s Roman Catholic Church
John J. LearyAnna Bonner
Nellie Bleudo X (her mark)Joseph P. Lomasney
by Alfred BleudoPaul A. Dever, Attorney General
Thomas R. Reynolds for Charitable Bequests
Pastor of St. Stephan’s John R. Murray
Roman Catholic Church
Daniel Breen Hurley
Catherine G. Joyce
Mary E. Murray
Thomas N. Creed
Guardian ad litem
Hand Written LAST WILL AND TESTAMENT OF MARTIN M. LOMASNEY:
Know all men by these presents:
That I Martin M. Lomasney of Boston, in the County of Suffolk, State of Massachusetts do hereby make and publish this my last Will and Testament, hereby intending to dispose of all the property and estate of which I amy die seized, or possessed, and to revoke any former Will by me at any time made. After the payment of my just debts and financial expenses, I give devise and bequeath as follows: I hereby authorize and direct my Executor herein after named to have erected a suitable monument in my lot, at Holy Cross Cemetery in Malden, and to expend therefor a sum not to exceed ten thousand dollars. I direct my Executor to have prepared and published a memorial volume reviewing my public service and to further perpetuate the same in any form or manner that he shall determine. All the expenses incurred are to be paid out of the funds of my estate. I give devise and bequeath to my brother Joseph P. Lomasney of Boston, Massachusetts, the sum of Twenty five hundred dollars. I give devise and bequeath to my three first cousins 1st John R. Murray of Boston, Massachusetts 2nd his sister Mary Murray of Boston 3rd his married sister Mrs. Catherine Joyce of Boston Massachusetts the sum of Twenty Five Hundred Dollars to each one of them (a total of $7,500 in all). I give devise and bequeath to Mrs. Nellie Bleudo of 67 Brighton Street Boston Massachusetts One Thousand Dollars. I give devise and bequeath to William M. Prendible of Boston, Massachusetts twenty five hundred dollars. I give devise and bequeath to Anna Bonner formerly of 460 Andubon Road Boston, Massachusetts One Thousand Dollars. I give devise and bequeath to John J. Leary of 132 Bowdoin Street Boston, Massachusetts One Thousand Dollars. I give devise and bequeath to Robert E. Prendible of 24 Chambers Street Boston Massachusetts Two Thousand Dollars. I direct my Executor to pay to the Pastors of Saint Joseph’s Roman Catholic Church, Chambers Street, Boston, Saint Mary’s Catholic Church, Endicott Street, Boston, and Saint Stephen’s Catholic church, Hanover Street, Boston, all being in the County of Suffolk, State of Massachusetts the sum of Three Hundred Dollars to each one of them my purpose being that they shall cause masses to be said in their respective churches for the repose of my soul. All the rest, residue, and remainder of my property, both real and personal, and wherever the same my be situated of which I may die seized and possessed, I give devise and bequeath to William M. Prendible of Boston Suffolk County Massachusetts in Trust nevertheless upon the following terms and conditions: to invest the same in first mortgages on real estate situated in Boston, Massachusetts or in the bonds of the United States of America, State of Massachusetts or the City of Boston. And to pay to my brother Joseph P. Lomasney from the income thereof Three Thousand Dollars each year during his life. I desire that said yearly sum be paid in monthly instalments if my trustee can so arrange it. Should the income, in any year, be insufficient to pay to my said borther the sum of Three Thousand Dollars together with the expense of administering the trust, then I authorize my trustee to draw from the principal of said trust an amount sufficient to make up the deficit. Upon the death of my brother Joseph P. Lomasney, I desire that the balance of said trust fund then remaining (or as much thereof as in the opinion of said trustee shall be necessary) be used to erect in some public place or park in the City of Boston two monuments or statues dedicated to the following: One to the late Mayor Hugh O’Brien and one to the late Archbishop John J. Williams. All the work to be done in an artistic and first class workmanlike manner. For that purpose I direct my said trustee to have erected two such monuments or statues, in such public places or parks in said City of Boston as my be selected by said City through the offices, board or committee having authority in the premises, such selection however, shall first be approved by said trustee. I direct that said trustee shall be the sole judge and have full charge and control of the construction and of the character, design and cost of said monuments or statues as well as the selection of the sculptor. If for any reason, my said trustee shall deem it necessary or advisable to first procure models of the proposed monuments or statues then, I authorize him to expend so much of said trust fund for the purpose as he may think necessary. If there should be any balance of said trust fund remaining after the payment of all costs and expenses in connection with the erection of said monuments or statues then I direct my trustee aforesaid to divide the same into four equal parts and give two quarters to my cousin John R. Murray of Boson, Massachusetts. One quarter to his sister Mary Murray of Boston, Massachusetts. One quarter to his other sister Mrs. Catherine Joyce of Boston, Massachusetts. All these persons have been referred to before in this Will. If any of the above three persons die his or her share is to be equally divided among the survivors. In case they should all die I direct my trustee to pay the balance to their legal heirs at law.
I hereby nominate and desire the Court to appoint William M. Prendible of Boston, Suffolk County Massachusetts Executor of this my last Will. In testimony whereof I here unto set my hand and seal and publish and declare the foregoing to be my last Will and Testament this 14th day of October 1932.
[signed] Martin M. Lomasney (seal)
Signed, sealed, published and declared as and for the last Will and Testament of the said Martin M. Lomasney and we three do now at this request, in his presence and the presence of each other hereto subscribe our names as witnesses.
[signed]
George A. Hunter 36 M’Lean St. Boston
James E. Dullabar 32 North Russell St. Boston
Arthur L. McDonald 212 Chambers St. Boston