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Estate of Thomas Cahill 1831
Supreme Court of Newfoundland
By the Honorable Edward Brabazon Brenton Acting Chief Judge, and the Honorable Augustus Wallet Des Barres Assistant Judge and William Paterson Acting Assistant Judges of the said Court.
To: [blank] Cahill of St. Johns Widow Greeting
Thomas Cahill late of St. Johns Blacksmith
Deceased (as is alleged) lately died intestate having whilst living, and at the time of his death, divers goods, chattels, credits, and effects, within the Island of Newfoundland, and within the jurisdiction of the Supreme Court; by reason whereof, the sole ordering and granting Administration of all and singular the said goods, chattels, credits, and effects, and also the auditing, allowing, and finally discharging the account thereof, are well known to appertain wholly to the said Supreme Court; and we being desirous that the said goods, chattels, credits, and effects, may be well and faithfully Administered, applied, and disposed of, according to law, do therefore by these presents, having confidence in your fidelity and integrity, nominate, ordain and appoint you the said [blank] Cahill Administratrix
Of all and singular the goods, chattels, credits, and effects, of the said deceased, within the said Island of Newfoundland and its dependencies, and do hereby grant you full power and authority to demand, sue for, recover and receive the same, in whosesoever hands or custody they remain and fully and freely to administer and dispose of the same according to law; you being first duly sworn that you will well and truly administer all and every the goods of the said deceased, and pay his debts so far as his goods will extend and the law requires; and that you will exhibit a true, full, and perfect Inventory of said goods of the deceased, and render a true account of your Administration into the Registry of the said Court, within twelve months from the date hereof, or when you shall be thereunto lawfully required; and being also further sworn that the whole of the goods, rights, chattels, assets, credits and effects of the said deceased, do not, according to the best of your knowledge, judgment and belief, amount to the value of One Hundred Pounds sterling.
In Testimony whereof we have caused the Seal of the said Court to be hereunto affixed this Tenth day of December in the Year of our Lord, One Thousand Eight Hundred and Thirty One and in the Second Year of His Majesty's Reign.
Supreme Court of Newfoundland
I do swear that I believe
Thomas Cahill late of St Johns Blacksmith
deceased, died without a Will; and that I will well and truly Administer all and every the Goods of the said deceased, and pay his Debts so far as his Goods will extend; and that I will exhibit a true, full and perfect Inventory of the said Goods of the deceased , and render a true account of my Administration into the Registry of the said Court, within Twelve months from the date hereof, or when I shall be thereunto lawfully required; and that the whole of the Goods, Rights, Chattels, Assets, Credits and Effects of the said deceased, which he died possessed of, within the jurisdiction of this Court, do not according to the best of my knowledge, judgment and belief, amount to the value of One Hundred Pounds Sterling.
Ellen Cahill (X, her mark)
Sworn at St Johns
Supreme Court of Newfoundland
Be it remembered that on this tenth day of December in the Second year of the Reign of our Sovereign Lord William the Fourth by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, &c. and in the Year of our Lord One Thousand Eight Hundred and Thirty One personally appeared
Ellen Cahill widow of Thomas Cahill late of St Johns Blacksmith deceased and George Lilly of the same place Notary Public
and did acknowledge themselves to be held and firmly bound to our Sovereign Lord the King his Heirs and Successors in the penal Sum of Two Hundred Pounds of good and lawful money of Great Britain, to be had, made and levied on their Goods, Chattels and Effects jointly and severally if Default is made in any of the Conditions following:
Now the Condition of this Obligation is such, That if the above bounden
Ellen Cahill widow as aforesaid of Thomas Cahill deceased
deceased, do make, or cause to be made, a just, true and perfect Inventory of all and singular, the Goods, Credits, and Effects of the said deceased, which have or shall come to the hands, possession, or knowledge of her the said Ellen Cahill
or to the hands or possession of any other person or persons, for her and the same so made do exhibit, or cause to be exhibited, into the Supreme Court of Newfoundland, at or before the tenth day of December next ensuing the date hereof; and the said Goods, Chattels, Credits, and Effects, and all the other Goods, Chattels, Credits and Effects of the said deceased, at the time of his death, or which at any time afterwards shall come to the hands or possession of her the said Ellen Cahill
or to the hands or possession of any other person or persons for her shall well and truly administer according to Law, and further shall make, or cause to be made, a just and true Account of her said Administration, on or before the tenth day of December which will be in the Year of our Lord One Thousand Eight Hundred and Thirty Two and afterwards from time to time as she shall be lawfully required. And all the rest, residue and remainder of the said Goods, Chattels, Credits and Effects, which shall be found remaining upon the said Administration Account, the same being first examined and allowed by the said Supreme Court of Newfoundland, shall and do pay and dispose of in a due course of Administration, or in such a manner as the said Court shall direct; -- then this Obligation to be void and of no effect, or else to be and remain in full force and virtue.
Ellen Cahill (X, her mark)
Signed and Sealed in the presence of
Received of M? Busteed the sum of thirteen shillings and ten pence on acct of the Estate of the late Thomas Cahill
Margaret Hickey (X, her mark)
To the Honorable Rich. A. Tucker Esq. Chief Judge of the Supreme Court and the Assistant Judges of the said Court
The Memorial of James Grant and Edward Hennesey of Saint Johns Blacksmiths
That your Memorialist the said James Grant was shipped as a Blacksmith to the late Thomas Cahill to serve him or order from the 10th June last until the last day of October following for the sum of fourteen pounds ten shillings and when his time expired there was due to Memorialist Ten pounds twelve shillings and two pence - afterwards your Memorialist was again shipped to the said Thomas Cahill to serve him from the 29th Nov. last until the first May next for the sum of Fifteen pounds and Memorialist continued his service until his Master's decease which happened about a week ago and there is now about twenty pounds due him now for balance of wages aforesaid, and Memorialist is now without employment he having a Wife and Child to support.
That your Memorialist the said Edward Hennesey was shipped as a Blacksmith to the said late Thomas Cahill to serve him from the 5th June 1829 for the sum of Sixteen pounds until the 5th June 1830 and when his time expired there was due to him the sum of Four pounds one shilling and nine pence - afterwards your Memorialist was shipped to him until the 10th June next and con [tinued?] in the Servitude until his Masters decease and there is now about Sixteen pounds due to him -
That the said deceased was possessed of very little property and which property is advertised for sale by the High Sheriff tomorrow to satisfy sundry Judg'ts and Executions.
Your Memorialists therefore humbly pray that your Lordship will order the proceeds of the said Sale to be retained in his hands to await the decision of your Lordships in the premise? as to whether or not your Memorialists are not first to be paid their wages out of the said Estate and as in duty bound they will ever pray
Thomas Cahill Estate
Memorial of Grant & Hennesey servants of the deceased claiming wages or a property? claim
4 April 1831
In the Name of God Amen I Thomas Cahill of the Parish Trentin? [Tintern?] County of Wexford Ireland but now of St Johns in the Island of Newfoundland being sick and weak in body but of perfect sense, memory and understanding make this my last will and Testament. First I bequeath my Trusts and all my receivables and also my Silver Watch unto Patrick Murphy. Secondly I bequeath unto my loving wife all my property whatsoever it may be.
Page Contributed by C. Haynes Sept 2004
Transcribed by Norma Elliott Sept 2004
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013 AST)
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