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Catherine Maher Estate of Catherine Maher 1885
NEWFOUNDLAND, } AFFIDAVIT. You shall swear that you believe this to be the true last Will and Testament of Catherine Maher late of St John's in the Central District of Newfoundland Widow Deceased -------------------------- You shall swear that you will pay all the Debts and Legacies of the Deceased, so far as the Goods shall extend and the Law shall bind you; and that you will exhibit a true, full, and perfect Inventory of all and every the Goods, Rights and Credits of the deceased, together with a just and true account into the Registry of the Supreme Court of New-foundland, when you shall be lawfully called thereto: And you shall further swear that the whole of the Goods, Rights, Chattels, Assets, Credits, and Effects of the said --------- Catherine Maher deceased, and of which she died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of Two thousand five hundred Dollars So help you God. John Maher Sworn before me, at St. John's }
1885 Estate of Catherine Maher Dated Nov. 19th 1885 Probate granted to John Maher Estate sworn under $2,500
Notice After three days application will be made to the Honourable the Supreme Court or to one of the Honourable the Judges thereof for probate of the will of the late Catherine Maher formerly of St. John's in the Central District deceased to be granted to John Maher the executor named in said will (Following found in left margin written sideways:)
This is the last will and Testament of Catherine Mahar (widow of the late John Mahar) in the Island of Newfoundland: My will is first that my funeral ex-penses and all just debts be paid and the residue and remainder of my real and personal property which shall not be required for such purpose, I give devise bequeath and dispose thereof as follows to wit: I give devise and bequeath to my daughter in Law Elizabeth Mahar (wife of my son John) free from the control of her present husband or any future one all the real and personal Estate goods and chattels to which I shall die in anywise entitled being all my interest in the dwelling house outhouses and premises situate on the West side of Cochrane Street which property is at the present in the occupancy of the Widow Hanra-han and adjoins the dwelling house in the occupancy of my son John. Also all my interest in that dwelling house shop and premises situate on Water Street opposite the premises of Sir Ambrose Shea which property was under lease by the late Captain Shelly for a term of ten years and by him assigned to Mrs John Kearney And Also all my Page 2 interest consisting of about fifteen years from this date in that piece or parcel of land situate on the Forest Road held under lease from Charles Loughlan Esq. To Have and To Hold as aforesaid the said interests in goods chattels furniture houses land and premises unto the said Elizabeth Mahar her Executors administrators and assigns upon the following conditions and trusts: Page 3 of my late husband. In case of the death of Elizabeth Mahar or of her marrying again after the demise of her present husband then and in such case I order and direct that the above property be divided amongst all the children (surviving) of Elizabeth Mahar share and share alike. And I do nominate and appoint my son John Mahar to be the sole Executor of this my last will and Testament.
Last will and
ST. JOHN'S } Michael Power of St John's aforesaid Dealer maketh oath and saith that on the eleventh day of February A. D. one thousand eight hundred and eighty four at St Johns aforesaid --- he, this Deponent, was present and did see Catharine Mahar late of St John's Widow the Testatrix name in the paper writing hereunto annexed duly sign (by making her mark) publish and declare the said annexed paper writing as and for her last Will and Testament, in the presence of this Deponent and of Wilson B. Killegrew of Same place Solicitor the other subscribing witness thereto. That Deponent and said Wilson B. Killegrew then signed their names to such Will as such witnesses, in the presence of the Testatrix and of each other---That previously to the said Will being so signed as aforesaid, by the said Testatrix and the said witnesses, it was read over to, and approved of by the said Testatrix in the presence of Deponent and the said Wilson B. Killegrew and that at the time of the said execution of the said Will the said Testatrix was of sound and disposing mind, memory and understanding, to the best of Deponent's knowledge and belief. SWORN BEFORE ME at St. }
To the Honourable the Supreme The Petition of John Maher of St John's in said Island Land Surveyor Humbly Sheweth That Page 2 do not exceed in value the sum of Two Thousand Five Hundred Dollars. John Maher
In the Supreme Court Newfoundland } Sworn before me at } John Maher
Supreme Court In the matter of Filed September 24/85 Petition of John Praying for Probate Nov 1st/85
In the Supreme Court In the Estate of Catherine } I do order that Robert J. Kent Esquire as Proctor for persons resisting the grant of Probate to said alleged Executor do show cause if any he have why probate to the Will of the said Catharine should not be granted to the said John Maher by filing in the Registrars office and serving on the said John Maher an answer containing the grounds on which he resists such grant within five days after service of this Citation otherwise the claim of the said John Maher will be taken to be admitted. Motion of Mr McNeily } Saint Johns 24th Septr/85
Supreme Court Newfoundland } Sworn before me at }
Supreme Court In the matter Citation Filed Sept 25th 1885
In the Supreme Court In the Estate of Catherine Maher late of St Johns Widow deceased at the instance of John Maher claiming as Executor of the said Catherine Maher. Page 2 to bear upon her by the said John Maher and other parties acting in his interest and on his behalf or in the interest of or on behalf of his wife.
Sup. Ct Re the probate of the will Answer to Citation Filed Sept 29/85 R.J. Kent
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Page Transcribed by Josephine Gazley
Page Revised by Ivy F. Benoit (Friday December 07, 2018)
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