Martin Smart
          1885

Estate of Martin Smart 1885
From LDS Microfilm #2057177

Admin Granted
to The Rev Stephen
Flynn adm. c.t.a
This 19^th day of
May ---- 1889(?)

Harbor Grace

Supreme Court of Newfoundland.
--------------

ST. JOHN'S  }
To Wit.          } I do swear that I believe that Martin Smart late of Harbor Grace in the Northern District Master Mariner deceased died with------ 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

Sworn before me, at St. John's, the 25^th            }
day of May in the year of Our Lord                    }          P. Emerson
One Thousand Eight Hundred and Eighty five  }               -----
Geo. J. Adams
Commissioner of Affidavits.

1885

Estate of Martin Smart
late of Harbor Grace
in the Northern District.
Master Mariner deceased.

Dated 25^th May 1885

Admin C.T.A. granted
to Prescott Emerson Chief
Clerk & Reg^r of Supreme Court

Sworn under
$4000⁰⁰

Supreme Court
Probate Side

In the estate of Martin Smart              }
late of Harbour Grace Master Mariner  }
deceased at the instance of Catherine  }
Smart of Harbour Grace aforesaid        }
Widow of said Martin Smart deceased}

It is ordered that Michael Smart and Mary Ann Smart residuary legatees under the will and codicil of the said Martin Smart deceased do show cause if any they have why administration^{with the Will annexed} to the estate of the said Martin Smart, should not be granted to the said Catherine Smart by filing in the Registrars office and serving on the said Catherine Smart an answer containing the grounds on which they resist such grant within TEN days after service of this citation: otherwise the claim of the said Catherine Smart will be taken to be admitted by them.
The 16^th day of March A.D. 1885
On motion of
J.A. Clift of Counsel                              J.I. Little
Proctor for Catherine Smart                 A.J. Sup. Court.

In the matter of the Will and Estate  }                              Supreme Court
of Martin Smart late of Harbor      }                              Probate Side
Grace Master Mariner deceased       }
Upon hearing Mr Clift for Counsel for Catherine Smart Widow of deceased I do order that the time for answering the within citation be enlarged(?) to the 1^st day of May next
S Johns 15 Ap^l 1885
J.I. Little
A.J.
I Consent
G.H. Emerson /
-------------------

Sup. Court
------------------------------------

In re Estate -
of Martin Smart
deceased

Filed April 17/85

Citation upon
residuary legatees.

Same accepted for
residuary legatees
S^t John's 18 Ap Mar/85
Geo. Hy Emerson/S
-------------------

To the Honourable the Supreme Court or one of their Lordships the Judges thereof:

          The Petition of Prescott Emerson Queens Counsel, Administration cum testamento annexo of the estate of Martin Smart late of Harbour Grace Master Mariner deceased

Humbly Sheweth

That Martin Smart late of Harbour Grace Master Mariner deceased died at that place on or about the twentieth day of June Anno Domini One thousand eight hundred and eighty five having previously made his last Will and Testament as follows:-

          "This is the last Will and Testament of
"me Martin Smart of the town of Harbour
"Grace in the Island of Newfoundland
"Master Mariner
"I give devise and bequeath to my
"beloved wife Catherine Smart during the
"term of her natural life my dwelling
"house with all furniture and houses
"and all other property that I now possess
"I also leave my two watches and
"gold ring to my beloved wife Catherine
"Smart for the time of her natural life
"after the death of my beloved wife

Page 2

"Catherine Smart my silver watch descends(?)
"to Michael Smart son of James Smart
"My gold watch and chain descends to
"Mary Ann Smart daughter of James Smart
"It is my request that one suit of
"my best clothes will be Kept by Mrs
"Smart during her natural life it shall
"then descend to Michael Smart son of
"James Smart.
"I leave and bequeath to Mary Ann
"Smart daughter of James Smart one feather
"bed.
"I leave and bequeath to Michael Smart
"son of James Smart one feather bed.
"I leave and bequeath to John Smart one
"suit of my clothes.
"I leave and bequeath to William Smart
"one suit of my clothes.
"I leave and bequeath to Martin Short
"son of William Smart one feather bed.
"I leave and bequeath to Patrick M^cGrath
"and his family the remainder of my
"clothes and one feather bed
"I leave and bequeath to John Green
"my black beaver top coat one pair of
"black trousers my hat and one pair of
"boots.
"I leave and bequeath to my beloved
"wife Catherine Smart the sum of fifty
"pounds a year and every year for her
"support from money that is now in the
"Savings Bank until all is drawn.
"The executors that will be named
"hereafter will see that the sum of fifty
"pounds shall still be paid to Mrs

Page 3

Smart from money now in the Union Bank
And if in the end should the moneys not hold out then the mahogany furniture must be sold for my beloved wife Catherine Smarts support and if that should be spent the dwelling house is to be sold and the money placed in the Union Bank and to be drawn by Mrs Smart when she dies.
After my beloved wifes death what-ever moneys remain after the payment of four High Masses for myself and my beloved wife shall be given to Mary Ann Smart daughter of James Smart
          There is a headstone to be placed at the head of my grave to cost fifteen pounds with my name and age thereon also a space to be left for the name and age of my beloved wife when she dies.
I am to be buried on the south side of my daughters grave, The expenses attending my funeral will be paid by money at the time in my house.
And I nominate and appoint Mr John Green, Mr John Strapp and Mr Charles L. Kennedy all of Harbour Grace to be executors of this my will and hereby revoking all former or other wills by me at anytime made
I the said Martin Smart do this which I declare to be my last will and testament as witness my hand this fifth day of December one thousand eight hundred and eighty three (Sgd)

Page 4

(Sgd) Martin Smart signed &c P.D. Knight and W C Fitzgerald Witnesses
"The Dwelling House is to be kept in order in the sum of Three hundred pounds
Harbour Grace December 5^th 83 (sgd) Martin Smart. Wit-nesses (Sgd) P.D. Knight and W.C. Fitzgerald"

Subsequent to themaking thereof viz on the twenty sixth day of March A.D. 1884 the said testator added to his hereinbefore recited will a codicil to the following effect viz:---
"A Codicil to my Will
I leave the Dwelling House and land that I now occupy to Michael Smart of James as mentioned in my will as my heir and to his sister Mary Ann Smart
          Michael Smart of James is to be sole --- owner of two thirds of the aforesaid dwelling house and everything that I now possess after Mrs. Smarts death and his sister Mary Ann Smart sole owner of one third of the aforesaid dwelling house according to valuation. The property is to remain in my name during my wife Catherine Smart's natural life and it then descends to Michael Smart of James for ever House furniture and three beds with all outhouse and implement belonging
I leave no legacies to anyone except to Martin Smart of William when he becomes of age I leave one feather bed.
Mr. Charles L. Kennedy James Callanan and John Green all of the town of Harbour Grace I appoint as Trustees of my several estates

Page 5

"The aforesaid Trustees are to see that
"nothing is made away with or destroyed
"during my wife Catherine Smarts natural
"life. After my wife Catherine Smarts
"death the said Trustees are still to hold
"it in charge and deliver it up to my
"heir Michael Smart of James.
"The dwelling house is to be kept constantly
"insured in the Queens Insurance office
"premium to be paid from Savings Bank
"by Mr. Andrew T. Drysdale or whoever is
"agent for the above named insurance office
"I leave my wife Catherine Smart fifty pounds
"already mentioned in my will to bear the
"expense of her housekeeping during her
"natural life. The above mentioned sum
"Fifty pounds will be paid in the sum of
"Twelve pounds and ten shillings each quarter
"by Mr. John Paterson of the firm of Patersons
"andFoster Merchants Harbour Grace Nfld. My
"wife Catherine Smart shall also receive
"yearly from the before mentioned Mr. John
"Paterson Seven tons coal. At the end of each
"and every year a cheque shall be drawn
"in favor of Mr. John Paterson signed by
"my wife and one of the Trustees to satisfy
"the above mentioned. The coals are to be
"good and delivered in the month of July
"in each year
"Any bills contracted during my
"life or after my death are valueless and
"until it descends to my heir Michael
"Smart of James. My wife Catherine Smart
"is to have no control with Banks or Bank
"books. The Bank Books will be given to

Page 6

"and kept by His Lordship the most
"Rev^d Doctor M^cDonald Bishop of Harbour
"Grace. The Bank Books are not to be meddled
"with but once in each year - the first second
"or third of May and only then to have the
"interest arranged.
"I the said Martin Smart do this which
"I declare to be my last will and testament
"as witness my hand this twenty sixth
"day of March one thousand eight hundred
"and eighty four (Sgd) Martin^hisX_markSmart. Signed
as witnesses P.D. Knight and W^m C. Fitzgerald.

          That at the time of his death deceased had the sum of Three hundred and sixty pounds in the Union Bank. That the said testator had not at the time of the making of the said Will or Codicil nor never had an account in the Savings Bank in his own name but in the year One thousand eight hundred and eighty two he deposited a sum of money there in his wifes name and gave her the Bank Book the possession of which she still retains.

          The said Administrator therefore prays that Your Honourable Court may be pleased to direct him as to^{the construction of} the said Will and Codicil particularly in relation to the several matters hereinafter set forth

1. Whether

Page 7

1. Whether the money deposited by the said Martin Smart in his wifes name in the Savings Bank forms part of the estate of the said Martin Smart or whether it is the private property of his widow the said Catherine Smart

2. Whether and to what extent the following clause in the Codicil viz: "I leave no legacies to anyone except to Martin Smart of William when he becomes of age I leave one feather bed" revokes the specific legacies granted in the said will

3. Whether the land dwelling house and furniture belonging to the said estate are available for the payment of the annuity to Mrs Smart as is provided for by the said Will after the money in the Bank to the credit of the estate are^is exhausted and whether the estate in remainder in the said property bequeathed by the Codicil to Michael Smart and Mary Ann Smart is contingent upon the moneys belonging to the estate being sufficient to provide the annuity of the said Catherine Smart.

And generally that the said Administrat-or may have the direction of the Court as to construction of the said Will and Codicil.

And as in duty bound Petitioner will ever pray.
Dated at St. John's this 19^th day of September^November AD 1885.

Prescott Emerson
Admin c.t.a.

Supreme Court

In the matter of
the estate of Martin
Smart of Harbour
Grace Master Mariner
deceased

---------
The Petition of the
Administrator ---
---------

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

          The Petition of Catherine Smart of Harbour Grace Widow

Humbly Sheweth

          That Martin Smart of Harbour Grace Master Mariner died at that place on the twentieth day of June A.D. 1884 having previously made his last will and testament and subsequently to the making thereof caused a codicil to be added thereto which said will and codicil are hereto annexed together with the affidavits in proof thereof by Peter D. Knight of Harbour Grace one of the subscribing witnesses thereto.

          That under his will deceased appointed John Green, John Strapp and Charles L. Kennedy as executors and that he subsequently appointed the said John Green and Charles L. Kennedy and James Callanan executors under his codicil to the said will and that the said executors have renounced all right to act under the said will and codicil and that they or either of them have not in anyway intermeddled with the affairs of said estate as will appear by the paper writing hereto annexed marked "A".

          That at the time of his death the said Martin Smart was possessed of property within
the

Page 2

the jurisdiction of your Honourable Court to the probable value of Three Thousand eight hundred dollars.

          That the said deceased left him surviving a widow, your petitioner, and three brothers viz John, William and James and one sister Johannah Neville.

          That no application for Probate to the said Will and Codicil or for Letters of Administration to the estate of the said deceased has been previously made to this Honourable Court.

          Your Petitioner therefore prays that Your Honourable Court or one of Your Lordships will be pleased to grant her Letters of Administration with the will annexed to the estate of her late husband the said Martin Smart deceased

          And as in duty bound petitioner will ever pray.

          Dated at Harbour Grace this thirteenth tenth day of March A.D. 1885

Catherine^herX_markSmart

Newfoundland            }
Harbour Grace to wit  } Catherine Smart of Harbour Grace Widow the petitioner named in the foregoing petition maketh oath and saith that the several matters and things therein contained are correct and true

Sworn before me at          }                    Catherine^herX_markSmart
Harbour Grace aforesaid  }
the tenth day of                }
March A.D. 1885, read and Explained
H.W. Trapnell
Com^r Sup Court

This is the last Will and Testament of me Martin Smart of the Town of Harbour Grace in the Island of Newfoundland Master Mariner.
          I give devise and bequeath to my Beloved Wife Catherine Smart during the term of her natural life. My dwelling House with all furniture out houses and all other property that I now possess.
          I also leave my Two Watches and Gold Ring to my Beloved Wife Catherine Smart for the term of her natural life          After the death of my Beloved Wife Catherine Smart my Silver Watch descends to Michael Smart son of James Smart.          My Gold Watch and chain descends to Mary Ann Smart daughter of James Smart.
          It is my request that one Suit of my Best clothes will be Kept by Mrs. Smart during her natural life it shall then descend to Michael Smart son of James Smart
I leave and bequeath to Mary Ann Smart daughter of James Smart one Feather Bed.
I leave and bequeath to Michael Smart Son of James Smart one Feather Bed.

Page 2

          I leave and bequeath to John Smart one suit of my clothes.
          I leave and bequeath to William Smart one suit of my clothes
          I leave and bequeath to Martin Smart son of William Smart one Feather Bed.
          I leave and bequeath to Patrick M^cGrath .. and his family the remainder of my clothes and one Feather Bed.
          I leave and bequeath to John Green my Black Beaver Top Coat one pair BlacK Trousers my hat and one pair Boots
          I leave and bequeath to my Beloved Wife Catherine Smart the sum of Fifty Pounds a year and every year for her support from money that is now in the Savings Bank until all is drawn+ (In margin to the right - line drawn at depth of paragraph with S Bank written to the right of the line.)
          The Executors that will be named and appointed here after will see that the sum of Fifty Pounds shall be still paid to Mrs. Smart from money now in the Union Bank (U Bank written in the margin to the right of this paragraph)
          And if in the end should the monies not hold out    Then the Mahogany furniture must be sold for my Beloved Wife Catherine Smart's support
And if that should be spent the                    }
Dwelling house is to be Sold and                }
the money placed in the Union Bank          }
and to be drawn by Mrs. Smart when due }

Page 3

{After My Beloved Wife's death what
{-ever Monies remain - after the
{payment of Four High Masses
{for myself and My Beloved Wife shall
{be given to Mary Ann Smart
{daughter of James Smart
          There is a Head stone to be placed at the Head of my Grave to Cost Fifteen Pounds with my name and age thereon.          Also a space to be left for the Name and age of My Beloved Wife when she dies
          I am to be buried on the South Side of daughter's grave. The expences attending My Funeral will be paid by money at the time in my^house
          And I nominate and appoint Mr. John Green, Mr. John Strapp and Mr. Charles L Kennedy all of Harbor Grace to be Executors of this my Will  and hereby revoking all former or other wills by me at any time made.
          I the said Martin Smart do this which I declare to be my last Will and Testament - as Witness my hand this Fifth day of December one Thousand Eight hundred and Eighty Three.

Signed by the said          }
testator as his last           }
Will and testament         }                              Martin Smart seal affixed
in the presence of us      }
present, at the same       }
time who, at his             }
request in his presence  }
and in the presence of   }
each other have             }                               P.D. Knight
subscribed our names   }                               W^m C FitzGerald
as witnesses                  }

The Dwelling House is to Kept Insured in the Sum of Three Hundred Pounds (£300)

Harbour Grace          }                              Martin Smart
December 5 1883     }

Witnesses   P.D. Knight
                   W^m C Fitzgerald

Proven, upon the affidavit of P D Knight one of the Subscribing Witnesses thereto, before me at Harbor Grace, this tenth day of March A D 1885, at Six P.M.
H W Trapnell
Com^r Sup Court

Supreme Court of Newfoundland

Harbour Grace }
To wit               } Peter D. Knight of Harbour Grace Accountant maketh oath and saith that on the fifth day of December A.D. one thousand eight hundred and eighty three at Harbour Grace he this deponent was present and did see Martin Smart late of Harbour Grace the testator named in the paper writing hereto annexed duly sign, publish and declare the said annexed paper writing as and for his last Will and Testament in the presence of this deponent and of William C. Fitzgerald of Harbour Grace, Accountant the other subscribing witness thereto. That deponent and said William C. Fitzgerald then and there signed their names to such will as such witnesses in the presence of the said testator and of each other and that at the time of the said execution of the said Will the said testator was of sound and disposing mind memory and understanding to the best of deponents knowledge and belief
Sworn before me at Harbour Grace }
aforesaid the tenth day of March      }
A.D. 1885.                                        }                              P.D. Knight
H.W. Trapnell
Com^r Sup. Court
--------------------------

Codicil ---------

To my Will ---------

          \\ I leave the Dwelling House and Land that I now occupy to Michael Smart of James ..as mentioned on my wife as my Heir and to his Sister Mary Ann Smart.
          Michael Smart of James is to be sole owner of Two Thirds of the aforesaid Dwelling House and everything that I now possess after Mrs. Smarts death and his Sister Mary Ann Smart Sole owner of one third of the aforesaid Dwelling house according to valuation.
          The Property is to remain in my name during my Wife Catherine Smart's Natural life and it then descends to Michael Smart of James, forever House furniture and three Beds with all outhouses and implements belonging.
          I leave no legacies to anyone except to Martin Smart of William when he becomes of age I leave one Feather Bed
Mr. Charles L Kennedy James Callanan and John Green all of the Town of Harbor Grace I appoint as the Trustees of my Small Estate.
The aforesaid Trustees are to See that nothing is made away
with

Page 2

with or destroyed during my wife, Catherine Smart's natural life
          After My Wife Catherine Smart's Death the Said Trustees are still to hold it in charge and deliver it up to my Heir Michael Smart of James.
          The Dwelling house is to be Kept constantly insured in the Queen Insurance Office Premium to be paid from Saving's Bank by Mr. Andrew T. Drysdale or whoever is agent for the above named Insurance officer
          I leave my Wife Catherine Smart Fifty pounds already mentioned in my Will to bear the expences of her housesKeeping during her natural Life.        The above mentioned Sum Fifty Pounds will be paid Quarterly on the sum of Twelve pounds Ten shilling each quarter by Mr. John Paterson..of the Firm of Paterson and Foster Merchants, Harbor Grace NFLD
          My Wife Catherine Smart shall also receive yearly from the before Mentioned Mr. John Paterson Seven Tons Coal.
At the End of each and every year a cheque shall be drawn in favor of Mr. John Paterson signed by My Wife Catherine Smart and one of the Trustees to satisfy the above mentioned
The Coals are to be good
and

Page 3

and delivered in the Month of July in each year
          Any Bills contracted during^{my life or} after my Death are valueless and until it descends to my heir Mich^l Smart of James
*{      My Wife Catherine Smart is to have no control with Banks or Bank Books ---
The Bank Books will be given to and Kept by His Lordship The Most Rev^d Doctor MacDonald Bishop of Harbor Grace.
The Bank Books are not to be meddled with but once in each year The First Second or Third of May and only then to have the Interest arranged -------

          I the Said Martin Smart do this which I declare to be my last Will and Testament. As Witness my hand this Twenty Sixth day of March one Thousand Eight hundred and Eighty Four

Signed by the Said        }
testator as his                }
last will and                  }
testament in the            }                    Martin^hisX_markSmart Seal affixed
presence of us               }
present at the same       }
time who at his             }
request in his presence }
and in the presence of  }                    P.D. Knight
each other have            }                    W^m C Fitzgerald
subscribed our names  }
as Witnesses                 }

Proven, upon the Affidavit of P D Knight one of the Subscribing Witnesses thereto, before me, at Harbor Grace, this tenth day of March A D 1885, at Six P.M.

H.W. Trapnell
Com^r Sup. Court

Supreme Court
Newfoundland

Harbor Grace }
to wit              }
In the matter of the last Will and    }
Testament and the Codicil thereto  }
of Martin Smart late of Harbor    }
Grace Master Mariner deceased     }

We John Strapp John Green Charles L. Kennedy and James Callanan all of Harbor Grace aforesaid do jointly, and Severally make oath and say that we and each of us do freely and Voluntarily renounced all right to act as Executors of the last will and Testament and the Codicil thereto of the late Martin Smart of Harbor Grace Master -----Mariner deceased and that We or either of us have not in any way intermeddled with the affairs of said Estate

Sworn before me                }                    John Strapp
at Harbor Grace aforesaid   }                   John Green
this 3^rd day of November   }                   Charles L. Kennedy
Anno Domini 1884            }                    James Callanan
H.W. Trapnell                   }
Com^r Sup. Court
-------------------------------

Supreme Court

In the matter of the last      }
Will and Testament and      }
The Codicil thereto of         }
Mr. Martin Smart late      }
of Harbor Grace Master      }
Mariner deceased               }

Renunciation of the
Executors
-------------

Supreme Court

In the matter of the           }
Estate of Martin Smart  }
late of Harbor Grace         }
Master Mariner deceased}

Petition for administration C.T.A.
to be granted to Catherine Smart
Widow of deceased --------

Filed April 17/85
-----------------------

Fiat for Admⁿ
To Catherine Smart -
C.T.A.  J.I. Little
           A J
May 1^st/85

          As Catherine Smart, Widow, the Petition is made to obtain the necessary Security as admin the green(?) Admⁿ cum texoeano? to the Estate of late Martin Smart is granted to Prescott Emerson Isgn? J.B.(?) May 16^th/85

J.I. Little
A.J.