Miscellaneous Deeds, Grants, Petitions & Wills - Letter M

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Miscellaneous Deeds, Grants, Petitions & Wills
(M)
Azariah Percey Munden

Page One (A pre-printed template with info filled in as required)

Supreme Court of Newfoundland

Brigus

To Wit. I do swear that I believe Azariah Percey Munden late of Brigus aforesaid a Minor deceased, died with out 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 six 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 four thousand dollars.

	Brigus
	Sworn before me at ~~St. John’s~~, the 20^th day of )
	September in the Year of our Lord One Thousand)	Nathan Norman LS
	Eight Hundred and Seventy 04. )

Unknown signature

Commissioner of Affidavits

Page Two

1876

Estate of

Azariah P. Munden

Dated Sept. 22^nd .

Affidavit

Page Three

	To the Honourable the
	Supreme Court of
	Newfoundland or one
	of the Honourable the
	Judges therof
	The Petition of Nathan Norman
	of Brigus in said Island ,
	Shipowner.
	Humbly Sheweth,
	That
	Nathaniel Munden formerly of Brigus
	Shipowner died about the year,
	Eighteen Hundred and Fifty, having
	made and published his last will of
	which your Petitioner and one William
	T. Stentaford were appointed executors.
	That
	the said William T. Stentaford
	died about the year Eighteen Hundred
	and Fifty Three leaving your Petitioner
	Sole Executor of the said will.
	That
	said will was duly proved and Probate
	thereof granted to the said Executor.
	That
	under the said will contain property
	to the value of about Ten Thousand
	Dollars was left by the testator to one
	Azariah Percey Munden, the son of
	said

Page Four

	said Testator subject to certain
	Conditions in the said will contained
	as by reference thereto will more
	fully appear.
	That under
	said will was a specific devise
	of the sum of Five Hundred Pounds
	payable by the said Executor to the
	said Azariah Percey Munden upon
	the decease of Susannah Munden
	the wife of said Testator.
	That the
	said Azariah Percey Munden
	died in the year Eighteen Hundred
	and Fifty Three being then a
	minor and within the age of Twenty
	One years.
	That
	Administration to the Estate of the
	said Azariah Percey Munden was
	granted to the said Susannah
	Munden in said last mentioned
	year.
	That
	the said Susannah Munden died
	in January of the present year
	the Estate of said Azariah Percey
	Munden not having been fully
	administered.
	That

Page Five

	That the said Azariah Percey Munden
	left him surviving besides his
	said, mother five sisters namely
	Ann married to Thomas Bearns of
	St. John’s, gentleman Elizabeth married
	to your Petitioner and since deceased
	Caroline married to the Reverend
	Thomas Harris of St. John’s Wesleyan
	Clergyman Charlotte married to
	Daniel Walsh of Montreal in Canada
	^GRLMerchant and Susan the younger	married to
	John Martin of Port de Grave
	Merchant.
	That the said Daniel Walsh died
	Some five or six years since.
	^GRLThat said Susannah ^Martin died in	or about
	the year Eighteen Hundred and
	Fifty Six without issue and leaving
	her surviving her husband who,
	died about three years afterwards.
	^GRLThat said Susannah ^Martin by will	devised
	all her property possessed in her
	separate right to the said Caroline.
	That by an arrangement between
	all the parties the said Ann Bearns
	and Thomas Bearns have had
	advanced to them all moneys due
	to them, as the share of them or either
	of them in the Estates of said Nathaniel
	Munden and Azariah Percey Munden
	That

Page Six

	That an elder brother of said
	Azariah Percey Munden named
	Henry left Newfoundland some
	thirty years sinces but whether at
	the time of the death of said Azariah
	Percey Munden said Henry was
	alive or whether he be living at
	present Petitioner does not know
	nor can any trustworthy intelligence
	be obtained in reference thereto. That
	in course of administration
	of said Azariah Percey’s Estate
	a distribution share has been
	reserved and set apart for him
	if living. That there still remains
	unadministered of the Estate of
	said Azariah Percey Munden
	property and moneys not
	exceeding in value the sum of
	Four Thousand Dollars.
	That connected as are
	the affairs of the Estate of said
	Azariah Percey Munden with
	the Estate of said Nathaniel
	Munden as by reference to the will
	of said Nathaniel Munden copy
	of which is hereto annexed
	will more fully appear it is
	expedient that Administration
	to the

Page Seven

	to the Estate of said Azariah Percey
	Munden should be granted to your
	Petitioner.
	That your petitioners late
	wife Elizabeth died in the year
	Eighteen Hundred and Seventy
	Four having made and published
	her last will and Testament
	whereby her interest in said Estate
	^GRLwas devised in the first place to
	Petitioners daughter ^{Bertha Alice} during her
	natural life and after her
	decease to Elizabeth wife of George
	Mackinson to her sole and separate
	use.
	Your petitioner therefore
	prays that it may please your
	Honourable Court to cause Letters
	of Administration to the Estate of
	said Azariah Percey Munden
	^GRLto be granted to him, so far as the same
	is unadministered.
	And Petitioner as in
	duty bound will ever pray etc.

	Nathan Norman LS

Page Eight

	Supreme Court

	Newfoundland )
	St. John’s : )
	Nathan Norman
	of Brigus but at present of
	St. John’s aforesaid Ship Owner
	the Petitioner named in the
	foregoing Petition maket oath
	and saith that all and singular
	the matter and things in the within
	petition mentioned and set
	forth are just and true to the best
	of this Deponents knowledge
	information and belief and further
	that no Administration has since
	the death of the within named
	Susannah Munden been granted
	to the Estate of said Azariah
	Percey Munden.
	Sworn before me at )
	St. John’s aforesaid this )	Nathan Norman LS
	14^th day of June A.D. )
	1876

	GR Lilly
	Commr. Affts.

Page Nine

Supreme Court

In the Estate of
Azariah Percey
Munden, late of
Brigus a minor,
deceased

Petition of Nathan
Norman praying
for Administration
de bonis non ad-
ministratis

A.J. W???????
Proctor

Page Ten

	The last Will and Testament of
	Nathaniel Munden of Brigus in the
	Northern District of the Island of
	Newfoundland Planter. I Nathaniel
	Munden of Brigus aforesaid Planter
	being of sound and disposing mind
	memory and understanding do make
	this to be my last Will and Testament
	as follows, that is to say, First it is my
	will that immediately after my
	decease an inventory be taken of all
	my property and that as soon
	afterwards as my Executors shall
	find convenient all the moveable
	property belonging to me shall be
	sold at public auction (Household
	furniture and requisites for the
	ensuing seal fishery Excepted) and
	that the proceeds thereof together with
	what money may be due from various
	parties and what may be remaining
	in my house in Brigus after discharging
	my just debts and incidental
	expenses shall be placed out at
	interest on Government or landed
	security subject nevertheless to the
	payment when required of the various
	bequests hereinafter made.
	It is my will that the vessels "Jane
	Elizabeth " and "Gem" shall both be
	sent to the seal fishery the ensuing
	spring being kept fully insured and
	that the proceeds of said voyage
	shall likewise be placed at interest as
	aforesaid, and that on the return of
	these

Page Eleven

	these vessels from the ice they shall be
	both sold with all their materials,
	the proceeds of the "Gem" to go to the
	common stock and be placed at
	interest as aforesaid and the proceeds
	of the sale of the Jane Elizabeth I give
	and bequeath separately and distinctly
	to my son Azariah Percy Munden the
	amount whereof my Executors are to
	place out at interest until he shall
	be twenty one years of age, the interest
	on the said amount to be added to
	the principal.
	I give and bequeath unto my
	daughter Charlotte Welsh wife of
	Daniel Welsh of Carbonear the sum
	of Five hundred pounds to be paid to
	her by my Executors within six
	months after my decease. I give and
	bequeath unto my daughter Caroline
	Munden the sum of Five hundred
	pounds to be paid to her ~~by my Executors~~
	on her being married or on the death
	of my wife whichever shall first
	happen.
	I give and bequeath unto my
	daughter Susannah Munden the sum
	of Five hundred pounds to be paid her
	on her being married or on the decease
	of my wife whichever shall first
	happen.
	I give and bequeath unto my Grand
	daughter Sarah Ann Bearnes the sum
	of Two hundred pounds to be paid
	to her on her attaining the age of
	Twenty

Page Twelve

	one years. I give and ~~bequeath un~~ to
	my grandson William Bearnes a large
	picture and frame being a likeness
	of himself in oil colours.
	I give unto my daughter Caroline
	Munden the Piano Forte at present
	in my house in Brigus.
	I give to my son Azariah Percey Munden
	my gold watch to my grandson
	Nathaniel Munden Norman my silver
	watch with initials, and to my
	grandson James Welsh the silver watch
	I now use.
	I give and devise to unto my son
	Azariah Percey Munden on his
	attaining the age of Twenty one years
	my Dwelling House Stores, Wharf
	Plantations fields gardens with all
	the privileges and appurtenances
	thereto belonging situate in the town
	and neighbourhood of Brigus aforesaid
	subjected to this condition that my wife
	and unmarried children are to have
	free and joint occupancy ^{with him} of Dwelling
	House and garden ground as long as my
	said wife shall live and if the said
	Azariah Percey Munden should marry
	and his mother should then prefer
	having separate lodgings leaving the
	Dwelling House solely to him my
	Executors are in such to provide a
	suitable and comfortable place of
	abode for my said wife and her
	then unmarried daughters, if any: the
	cost of which separate Dwelling House
	or

Page Thirteen

	or place of abode is to be defrayed
	by the said Azariah Percey Munden.
	The waterside property in Brigus
	it is my will that my Executors lease
	out to the best advantage until such
	time as Azariah Percey Munden shall
	be of the age of twenty one years.
	I give and devise unto my daughter
	Charlotte Welsh the building ground
	belonging to me situate on Duckworth
	Street St. John's the other half of which I
	have already given to my daughter
	Elizabeth Norman.
	I give and devise unto my daughter
	Caroline Munden the Northern half of
	the property belonging to me in
	Holloway Street St. John's at present
	leased to Edward St. John and I give
	and devise unto my daughter
	Susannah Munden the Southern
	half of the said property.
	My pew in the Wesleyan Chapel Brigus
	I leave for the use of my wife and
	unmarried children and after ~~their~~ her
	~~demise~~ decease I give and devise the same
	unto my son Azariah Percey Munden.
	My daughters to have the right of
	sitting there as long as they remain unmarried.
	The piece of Burrying ground in the
	Wesleyan Chapel yard I leave for the
	use of such members of my ^own family as
	may wish to be interred therein.
	It is my will that the mortgage of Eight
	hundred pounds on the property of my
	son in-law

Page Fourteen

	Son-in-law Thomas Bearnes shall not
	be foreclosed unless with his consent
	until my son Azariah Percey Munden
	shall be twenty one years of age or
	until the death of my wife whichever
	shall first happen provided that the
	interest be regularly paid up and
	the amount kept insured as agreed
	upon. The amount of this mortgage when
	received shall be placed out at interest
	until required for the purposes of this
	Will.
	The house and grounds in Brigus
	given to my daughter Ann upon her
	marriage must be considered as
	equivalent to what is now willed to
	her other sisters.
	It is my will that the interest on all the
	monies placed out at interest should
	be drawn by my executors for the
	support of my wife and unmarried
	children as long as the former shall
	live and that on the demise of my
	said wife the principal and all other
	monies then belonging to ~~the~~ my Estate
	shall be divided as follows: ^First To my
	son Azariah Percey Munden shall be
	paid Five hundred pounds, To my
	daughter Ann Bearnes shall be paid
	five hundred pounds, To my daughter
	Elizabeth Norman shall be paid Five
	hundred pounds and the residue or
	what may be remaining shall be
	equally divided between my five
	daughters herein mentioned and my
	son

Page Fifteen

	son Azariah Percey Munden that is
	to say in six equal parts.
	It is further my last will and
	intention that all the bequests made
	and devised herein to my several
	daughters whether of money or of
	real estate shall be and hereby is
	made to them and each of them to be
	held and enjoyed in their own right
	and as their separate Estate
	independent of their present or any
	future husband or husbands.
	And I hereby ^authorize constitute and
	appoint Nathan Norman of Brigus,
	Planter, and William Thomas
	Stentaford of the same place Clerk
	of the Peace to be my Executors of
	~~this my last will and testament~~ To carry this my last Will and Testament (interlined)
	into effect and I hereby revoke all
	~~further~~ former and other Wills by me at any
	time ~~hereinbefore~~ heretofore made and declare
	this only to be my last Will and
	Testament. For the trouble and time
	in ~~xxxxxx~~ executing which I give and
	bequeath to Each of my said Executors
	Twenty five pounds each.
	Signed sealed published and declared
	by the said Nathaniel Munden
	the Testator as his last Will and
	Testament in the presence of us
	who in his presence and at his
	request and in presence of each other
	have hereunto subscribed our names
	as witnesses at St. John's in the Island
	of Newfoundland this Twenty first

Supreme Court

Page Sixteen

day of September in the year of our
Lord Eighteen hundred and fifty.

Signed Nathaniel Munden LS

Signed Wm. Freeman ) Witnesses.
Robert Brown )

Newfoundland )
St. John's )

To Wit ) Isaac R McHenry of St. John's
aforesaid Barrister at Law maketh
oath and saith that the paper writing
hereto annexed is a true copy of
the last Will and Testament of
Nathaniel Munden.

Sworn before me at	)
St. John’s aforesaid this	)	GRMcHenry LS
11^th day of July A.D.	)
1876	)
G.R. Lilly
Commr. Affts.

Page Seventeen

Copy Will of
Nathaniel Munden
of Brigus

Page Eighteen

In the Supreme Court

In the matter of the Estate of
Azariah Percey Munden late
of Brigus, a minor, deceased

We the undersigned parties being
interested in the said Estate do hereby
assent to the issue of Letters of
Administration de bonis non to the
said Estate to be granted to Nathan
Norman of Brigus aforesaid shipowner.

	Witness
	Lewis M? Emerson	Elizabeth Makinson LS
		Bertha Alice Norman LS

In the Supreme Court

Newfoundland

Brigus To Wit:            of Brigus aforesaid
          maketh oath and saith that he
     was personally present and did see Bertha Alice
     Norman of Brigus aforesaid spinster duly
     sign the foregoing paper writing or consent.

Sworn before me at Brigus )
aforesaid this )
day of June A.D. 1876 )

I hereby certify that on this twenty first day of June A.D. 1876 the above
named Elizabeth Makinson and Bertha Alice Norman duly signed the above
written consent in my presence.

Lewis M? Emerson
Commissioner Supreme Court

Page Nineteen

In the Supreme Court

Newfoundland       )
     Harbour Grace )
          To Wit :      ) William Smith of
Harbour Grace aforesaid
maketh oath and saith that
he was personally present and did see
Elizabeth Mackinson of Harbour
Grace aforesaid wife of George Makinson
duly sign the within written paper
writing or consent.

Sworn before me at	)	?????? William Smith LS
Harbour Grace aforesaid	)
this day of	)
June A.D. 1876	)

Page Twenty

Supreme Court

In the Estate of
Azariah Percey
Munden late of
Brigus, a minor

Pet'on for Adm on
de bonis non

To be granted to Nathan
Norman

Fiat in??????
???? B R ?????
11 Aug 76
A.J.W. ??????
Proctor

Page Twenty-One

Notice

Three days from the date hereof
I will apply to the Honourable the
Supreme Court for Administration
~~to be granted~~ to the Estate of
Azariah Percey Munden an
Granted to Nathan Norman of
Brigus. Alex J W ???
Proctor for Applicant

St. John 's June 9 1876
G? J? W?
Actg. CC & Reg

Page twenty-two

Certificate

I certify that the notice on the other side
hereof written has been posted in my office
from the day of the date thereof to this date
and that no caveat or other objection
thereto has been filed or entered.
Dated at St. John's this 11^th day of July
Anno Domini 1876 G? J? Wood
Actg. CC & Reg.

Page Twenty-three (A pre-printed template with info filled in as required)

Supreme Court of Newfoundland

BE IT REMEMBERED, That on this Twentieth day of September in the ~~Thirty~~ Fortieth _____ Year of the Reign of our Sovereign Lady Voctoria, By the Grace of God of the United Kingdom of Great Britain and Ireland , Queen, Defender of the Faith, &c., and in the Year of our Lord One Thousand Eight Hundred and Seventy Six personally appeared Nathan Norman of Brigus in the Northern District Ship Owner Azariah Munden of Brigus ?????? and William ???? of Brigus aforesaid and did acknowledge themselves to beheld and firmly bound to our said Lady the Queen, her Heirs and Successors, in the penal Sum of Eight Thousand Dollars, 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 bounden Nathan Norman as Administrator of ^{de bonis non} of the Estate and Effects of Azariah Percey Munden late of Brigus aforesaid, a minor 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 him the said Nathan Norman as such Adminstrator or to the hands or possession of any other person or persons, for him and the same so made do exhibit, or cause to be exhibited, in the Supreme Court of Newfoundland, at or before the 31^st day of December ~~next~~ 1877 ~~ensuing the date hereof~~ : and the said Goods, Chattels, Credits and Effects, and all other the 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 him the said Nathan Norman or to the hands or possession of any other person or persons for him shall well and truly Administer according to Law, and further shall make, or cause to be made a just and true account of his said Administration, on or before the 31^st day of Decr. which will be in the Year of our Lord One Thousand Eight Hundred and Seventy Seven and afterwards from time to time as he 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 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 obloigation to be void and of no effect, or else to be and remain in full force and virtue.

	Signed and Sealed )	Nathan Norman LS
	in the presence of )

	???????	Azariah Munden LS

		William A Green LS

Page Contributed & Transcribed by Geoff Martin

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)

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