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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 |
||
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. 22nd .
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 | |
14th day of June A.D. ) | ||
1876 | ||
GR Lilly | ||
Commr. Affts. |
Page Nine
Supreme Court In the Estate of Petition of Nathan
A.J. W???????
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 |
||
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 |
||
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 |
||
|
||
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 |
||
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 | ||
|
||
into effect and I hereby revoke all | ||
|
||
time |
||
this only to be my last Will and | ||
Testament. For the trouble and time | ||
in |
||
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 Signed Nathaniel Munden LS Signed Wm. Freeman ) Witnesses. Newfoundland )
|
Sworn before me at | ) | ||
St. John’s aforesaid this | ) | GRMcHenry LS | |
11th day of July A.D. | ) | ||
1876 | ) | ||
G.R. Lilly | |||
Commr. Affts. |
Page Seventeen
Copy Will of
Page Eighteen
In the Supreme Court
In the matter of the Estate of
|
Witness | ||
Lewis M? Emerson | Elizabeth Makinson LS | |
Bertha Alice Norman LS |
In the Supreme Court
Newfoundland
I hereby certify that on this twenty first day of June A.D. 1876 the above Lewis M? Emerson
Page Nineteen
In the Supreme Court
Newfoundland )
|
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 Pet'on for Adm on To be granted to Nathan Fiat in??????
Page Twenty-One
Notice Three days from the date hereof
St. John 's June 9 1876
Page twenty-two
Certificate I certify that the notice on the other side
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 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 31st day of December
|
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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