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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. Johnís, the 20th 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. 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. Johnís, gentleman Elizabeth married 
  to your Petitioner and since deceased  
 Caroline married to the Reverend 
 Thomas Harris of St. Johnís 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 Perceyís 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. Johnís :      ) 
 
Nathan Norman
 
 of Brigus but at present of 
 St. Johnís 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. Johnís aforesaid this ) Nathan Norman LS
 14th 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. Johnís aforesaid this)GRMcHenry LS
 11th 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? EmersonElizabeth 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 11th 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 31st 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 31st 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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