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Miscellaneous Deeds, Grants, Petitions & Wills
(M)
Catherine Maher

 

Catherine Maher
          1885

Estate of Catherine Maher 1885
From LDS Microfilm #2057177

 

NEWFOUNDLAND, }
In the Supreme Court }

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 }
this 19th day of                         }
November A.D., 1885              }
Geo J. Adams
----------
Commissioner of Affidavits, Supreme Court.

 

 

1885

Estate of Catherine Maher
late of St John's
in the Central District
Widow deceased

Dated Nov. 19th 1885

Probate granted to John Maher
the Executor named in the Will

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
______                              St Johns
O.E.                                  September 21st 1885
---------                               Oliphant Fraser
                                          Proctor for Exr

(Following found in left margin written sideways:)
Let nothing be done herein without notice to Robt J. Kent
Sept 21/85                                                            Proctor

 

 

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:
First: I hereby order and direct that the said Elizabeth Mahar shall maintain and Educate out of the proceeds of my Estate all her children by my son John until the youngest of them marries or becomes of age. ---------
Second: I order and direct that the said Elizabeth Mahar shall out of the proceeds of my Estate pay to Anna and Catherine or the sur-vivor of them children of my late son William the sum of Twenty five pounds each when married or come of age -----
Third I do order and direct that the said Elizabeth Mahar shall pay to Father O          the sum of Five Pounds for masses for the repose of my soul after my burial and Five Pounds for the repose of the soul

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.
Dated at Saint Johns Newfoundland this Eleventh day of February Anno Domini Eighteen hundred and Eighty four -
Signed published and          }
declared by the said            }
Catherine Mahar to be     }
her last Will and tes-            }
tament, in the presence        }                    Catherine her X mark Mahar
of us, who in her presence,  }
at her request and in            }
the presence of each other   }
have hereunto subscribed     }
our names. (having               }
been first read over              }
and explained to the             }
said Catherine Mahar)      }
Michael Power
Wilson B. Killegrew
          Solicitor
John Maher

 

 

Last will and
Testament of
Catherine Mahar
------

 

 

ST. JOHN'S  }
TO WIT        }                                                SUPREME COURT OF NEWFOUNDLAND

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.  }
John's aforesaid, this 24th         }                              Michael Power
day of September                      }
A. D. One Thousand Eight        }
Hundred and Eighty Five          }
Otto Emerson
Commissioner.

 

 

To the Honourable the Supreme
Court of Newfoundland or
one of the Honourable the
Judges thereof

The Petition of John Maher of St John's in said Island Land Surveyor

Humbly Sheweth

                    That
your Petitoner's mother Catharine Maher of St John's aforesaid widow died on the seventeenth day of September now present leaving her surviving as next of Kin Your Petitioner and two grandchildren the children of a deceased son William both which children are infants.
                    That
the said Catharine Maher on the eleventh day of February A.D. 1884 made and published her Last Will and Testament hereto Annexed of which your Petitioner is appointed Executor.
                    That
the Estate and Effects of said Testatrix consisting chiefly of leasehold property
do not

Page 2

do not exceed in value the sum of Two Thousand Five Hundred Dollars.
                    That
no Probate or Administration has been heretofore granted or applied for in respect of the said Estate.
                    Your
Petitioner therefore prays that Probate of the said Will may be granted to him
                    And
your Petitioner as in duty bound will Ever pray &c.
St John's September 24th A.D. 1885

John Maher

 

 

In the Supreme Court

Newfoundland  }
St Johns SS       }          John Maher of St Johns aforesaid Land Surveyor the within named Petitioner maketh oath and saith that all and singular the matters and things in the within Petition mentioned and set forth are just and true

Sworn before me at     }                    John Maher
St Johns aforesaid       }
this twenty fourth day }
of September A.D.      }
1885                           }
Otto Emerson
Commr
---------

 

 

Supreme Court

In the matter of
the Estate of Catherine
Maher late of
St John's widow.
------------------------------

Filed September 24/85
------------------------------

Petition of John
Maher the Executor
-------

Praying for Probate
Fiat J.J. Little
A.J.

Nov 1st/85

 

 

In the Supreme Court
Probate Side

In the Estate of Catherine     }
Maher late of St John's          }
Widow deceased at the           }
instance of John Maher        }
Claiming as Executor of         }
the said Catherine Maher    }

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
Q.C. of Counsel for                 }          J.J. Little
said John Maher                    }          A.J.

 

 

Supreme Court

Newfoundland  }
St Johns SS:     }          Arthur W. Knight of St John's aforesaid Student-at-Law maketh oath and saith that he did on the twenty fourth day of September now present personally serve Robert J. Kent Esquire with a true copy of the within Order or Citation

Sworn before me at      }
St John's aforesaid        }
this 25th day of             }                    Arthur W. Knight
September A.D. 1885   }
Otto Emerson             }
Commr
---------

 

 

Supreme Court
Probate Side

In the matter
of the Estate of
late Catherine
Maher widow
deceased
---------

Citation
-------------------

Filed Sept 25th 1885

 

 

In the Supreme Court
Probate Side

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.
The Answer of Catherine Johnston of St John's the now wife of James Johnston of same place Master Mariner to Citation served upon her solicitor and dated the 24th day of September AD 1885.
The said Catherine Johnston saith that she was formerly the wife of William Maher of St John's Blacksmith a son of the said Catherine Maher
That the said William Maher died at St Johns aforesaid in or about the month of September AD 1874.
That of her marriage with the said William Maher there was issue two children both of whom are still under the age of twenty one years and reside with this respondent.
That in the interests of herself and of her said Children this respondent saith that at the time of the making of the will alleged and attempted to be proved in these proceedings the said Catherine Maher was not of sound and disposing mind memory and under-standing and was not capable of making a will.
That the signature of the said Catherine Maher to the said will was not affixed thereon of her own free will but was procured by undue influence and pressure brought
                    to

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.
That the said alleged will was not signed and Executed in Manner required by law.
Dated at St Johns this 29th day of September AD 1885
Robert J. Kent
--------
Proctor for said Cath. Johnston.

 

 

Sup. Ct
Probate Side

Re the probate of the will
of Catherine Maher late
of St Johns widow decd
---

Answer to Citation
---

Filed Sept 29/85
---------------------------

R.J. Kent
Proctor for Mrs Cath. Johnston

 

 

Page Transcribed by Josephine Gazley

Page Revised by Ivy F. Benoit (Friday December 07, 2018)

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