Estate of Martin Walsh 1885
From LDS Microfilm #2057177.
In the Supreme Court }
You shall swear that you believe this to be the true last Will and Testament of Martin Walsh late of Saint John's in the Central District, Tidewaiter 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 Newfoundland, 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 Martin Walsh late of Saint John's deceased, and of which he died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of Ten thousand five hundred ------------------ Dollars
So help you GOD.
Robert J. Kent
SWORN before me, at St. John's }
this Seventh }
Commissioner of Affidavits, Supreme Court.
Estate of Martin Walsh
late of Saint John's
in the Central District
Dated May 8th 1885
Probate granted to R. J.
Kent Q.C.one of the Executors the
other Executor having
Est. sworn under $1050000/100
In the name of God, Amen.
I Martin Walsh of St. John's Tidewaiter in Her Majesty's Customs there do make publish and declare this as and for my last will and Testament.
First, I give devise and bequeath to my Executors herein-after named all my landed and other property and effects whatsoever, [save and except the property known as Walsh'stown and hereinafter bequeathed to my wife] to be by them and the survivor of them taken and held in trust for the uses and purposes hereinafter mentioned - that is to say on Trust in the first place to pay and discharge all my just and lawful debts funeral and testamentary expenses - Secondly, from and out of the rents issues and profits of my landed estate and the interest upon my money in Banks and otherwise invested or to be invested to pay to my sister Ellen --- Cole of St John's aforesaid the sum of Forty pounds British Sterling equal to Forty eight pounds of New-foundland currency - per year for and during her natural life to be paid to her half yearly - and from and after the decease of the said Ellen Cole the said sum shall be paid in equal proportions to and between her daughter Bridget Cole and Kate Power - the share of each of the said daughters to be for her sole use as ---- separate Estate and without power of anticipation - And it is my will and desire and I do hereby direct that if either of the said daughters Bridget or Kate shall die without leaving issue her surviving that then and in such case the share of the daughter so dying shall become and be the property of the survivor of them, and should both of them die without leaving issue surviving then the whole of the said sum shall be annually paid to------
Robert Cole the son of my said sister Ellen Cole ~~~~
Also from and only the same funds to pay to my sister Mary Wyse of Waterford Ireland for and during her natural life the sum of Twenty five pounds British Sterling - equal to Thirty pounds of Newfoundland currency - per year to be paid to her half yearly - and from and after her decease the same shall be paid in equal proportions to and between the two daughters of the said Mary Wyse as separate Estate - Also from and out of the same fund to pay the sum of Twenty five pounds British Sterling - equal to Thirty pounds of Newfoundland currency - in equal proportions to and amongst the children of my sister Bridget Whelan - - Should any part or share of the said fund remain after payment of the said bequests, and of the commissions insurances and other payments herein directed to be made out of it I will and direct that such part or share shall be annually paid to the said Robert Cole for his own use and benefit - and if after making the said payments the residue of the said fund should not be suffiecient to pay the aforesaid bequest in full then the said residue shall be divided between the said Legatees in ---- shares proportionate to the bequest to each ~~~~~~
Thirdly - I give devise and bequeath to my beloved wife Catherine for and during her natural life the property known as Walsh'stown on the Signal Hill road in St John's aforesaid, and from and after her decease the same shall become and be the property of the aforesaid Robert Cole - Further I do will and direct that during the lifetime of my said wife all water and sewerage rates chargeable upon or to be paid in respect of the said Walsh's town or the rents issued or profits thereof - except such part thereof as are or shall be
occupied by tenants chargeable with occupier's rates - shall be by my said executors paid out of the rents issues and profits of my landed estate to them left in trust and the interest upon my moneys in Bank or otherwise invested or to be invested, and also that my said executors shall during the lifetime of my said wife keep the houses on the said Walsh's town insured in some respectable Insurance Company in at least the sum of Four hundred pounds currency and pray the cost and premiums of such Insurance from and out of the said fund - Fourth - I do hereby --- nominate and appoint my friends Robert J. Kent of St. John's aforesaid Queen's Counsel and John --- Howley of same place Gentleman executors of this my will and do hereby give to them full power and authority to control and manage all the affairs and business of my Estate, and from time to time as they may deem proper to sell and vary with the discretion of absolute owners the securities in which my moneys are invested, and to substitute other securities therefor but they shall not have power to mortgage, sell or otherwise dispose save by way of Lease of any part of my landed Estate - and as compensation to the said Robert J. Kent for the trouble which he may have in and about the office of Executor of this my will I hereby give and allow to him Yearly and every year a sum equal to five pounds per cent upon the gross --- sum total or the annual rents issues and profits of my said lands and of the interest upon my said moneys as they now are or at any time hereafter may be invested and he shall further be entitled to have and receive out of the said rents issues profits and interests the same professional fees, cash
(Note: Check mark found in left margin beside sentence containing word 'affairs'.)
charges and expenses as if he were not executor or Trustee under this my will. Lastly I do hereby revoke and declare void all former and other wills by me made.
Signed published and declared }
by the said Testator as and for his }
last will and testament, in our } Martin Walsh
presence, who in his presence, }
and at his request, and in the }
presence of each other have hereto }
signed our names as witnesses }
at St John's aforesaid this 21st }
day of March A.D. 1883- }
Herbert E. Knight
Francis J. Morris
SUPREME COURT OF NEWFOUNDLAND.
TO WIT }
Frances J. Morris of Saint John's in the Island of Newfoundland maketh oath and saith that on the 21st day of March A. D. one thousand eight hundred and eighty three at Saint John's aforesaid he, this Deponent, was present and did see Martin Walsh late of Saint Johns aforesaid 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 Herbert E. Knight of Saint John's aforesaid the other subscribing witness thereto. That Deponent and said Herbert E. Knight 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 Deponent's knowledge and belief.
SWORN BEFORE ME at St. John's in }
the Island aforesaid, this Seventh } Francis J. Morris
day of March }
A.D. One Thousand Eight Hundred }
and Eighty Five }
Geo. J. Adams
To The Honorable the Supreme Court of Newfoundland
or any one of the Honorable the Judges thereof
The Petition of Robert J Kent of St John's in the said Island
That Martin Walsh formerly of St John's aforesaid Tide-waiter in Her Majesty's Customs there died at S Johns on or about the Twenty eighth day of February last past having first made and executed his last will and testament as hereto annexed and which will has been duly proved in Common form. That the said Testator died possessed of property situate within the jurisdiction of this honorable Court of the probable value of about Ten thousand dollars ~~~~~~~~~~~~~ That he left him surviving his widow Catherine Walsh but no issue of his Marriage with the said Catherine. That besides his said widow he left him surviving one sister resident in Ireland and a nephew and two nieces resident in this Country and others resident out of this Country as his next of Kin. That no probate or administration of the Estate of the said deceased has been hitherto granted. That in and by his said last will and testament he nominated and appointed your petitioner with John Howley of St Johns aforesaid Gentleman as executors thereof That the said John Howley has duly renounced the said executorship Petitioner therefore prays that probate of the said will may be granted unto him and as in duty bound he will ever pray &c &c &c
Dated at St Johns this 26th day of March A.D. 1885
Robert J. Kent
R.J. Kent }
Proctor in person }
In the matter of the Will of }
Martin Walsh }
Late of St Johns Tide Waiter deceased }
Robert J Kent of St Johns Solicitor Maketh Oath and Saith that he is the petitioner in the foregoing petition in the matter named and that the several Matters and things in the said petition set forth are just correct and true.
Sworn before me at St John's }
this 26th day of March } Robert J Kent
A.D. 1885 }
In the matter of the will of
late of St Johns Tidewaiter
Petition for Probate
Fiat for Probate
In the matter of the
last will of Martin }
Walsh late of St Johns }
I John J Howley of Saint Johns Gentleman make oath and say that I freely and voluntarily renounce all right to act as executor of the Last Will and Testament of Martin Walsh late of St. John's Tidewaiter in Her Majesty's Customs deceased and that I have not in any way intermeddled with the affairs of the said Estate
Sworn before me at }
St John's this 12th }
day of March A.D }
Otto Emerson John J Howley
E & A 3.75
Cert So bf yr 1.25