Catherine Brine
          1886

(The name has also been spelled as Brien)

Estate of Catherine Brine 1886
From LDS microfilm #2057237

NEWFOUNDLAND }
Central District           }
In the Supreme Court }

AFFIDAVIT
----------

(Paper torn - You shall swear) that you believe this to be the true last Will and Testament of Catherine Brine 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 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 Catherine Brine deceased, and of which she died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of Eleven hundred and fifty dollars.

So help you God.

Sworn before me, at St. John's,                              J. Ryan
this 3^rd day of July, A.D., 1886.
Geo. J. Adams
Commissioner of Affidavits, Supreme Court

1886
Estate of Catherine Brine
late of St. John's
in the Central District
Widow, deceased.

Dated 17^th July 1886

Probate granted to Rev. John Ryan
the Executor named in the Will.

Estate sworn under $1150.00

To the Honorable the Supreme Court or to one of the Honorable the Judges thereof.

          The Petition of John Ryan of Saint John's, Roman Catholic Clergymen,

Humbly Sheweth

That Catherine Brine, late of Saint John's in the island of Newfoundland, Widow, deceased died at the above place on Friday the 16^th day of April last, having previously made her last Will and Testament which is hereto annexed, proven upon the oath of Edward P. Morris, Barrister at Law, one of the subscribing witnesses to the same.
That under the said Will, your petitioner was appointed sole Executor.
That at the time of her death, deceased was possessed of property of the probate value of £280.00, equal to eleven hundred and twenty dollars.
That neither probate to any will nor administration to the Estate and Effects of said deceased has as yet been granted to any person.

Your petitioner therefore prays that probate of the said annexed last will and testament of the said Catherine Brine may be granted to him as the said Executor.
And as in duty bound he will ever pray.
Dated at Saint John's this 25^th day of May June A.D. 1886.

J. Ryan

NEWFOUNDLAND }
St. John's S.S.             }
John Ryan of Saint John's in the Island of Newfoundland aforesaid, Roman Catholic Priest, the Petitioner named in the foregoing petition, maketh oath and saith that the several matters and things contained in the said Petition are correct and true to the best of his knowledge and belief.

Sworn before me at Saint John's
aforesaid this 25^th day of June                    J. Ryan
A.D. 1886
Otto Emerson
Commissioner

Petition of the Rev John Ryan
Executor of the last Will and
Testament of Catherine Brine,
late of St. John's, Widow, deceased,
praying that probate may be granted
to him.
Fiat
J. J. Little
A.J., S.C.
June 25/86

SUPREME COURT OF NEWFOUNDLAND
---------------

ST. JOHN'S }
TO WIT       }
Edward P. Morris of Saint John's aforesaid, Barrister at Law, maketh oath and saith that on the 10^th day of April A.D. one thousand eight hundred and eighty six at Saint John's aforesaid he, this Deponent, was present and did see Catherine Brine late of Saint John's, the Testatrix named 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 John Lennon the other subscribing witness thereto. That Deponent and said John Lennon then signed their names to such Will as such witnesses, in the presence of the said Testatrix and of each other - That previously to the said Will being so signed as aforesaid, by the said Testatrix and the witnesses, it was read over to, and approved of by the said Testatrix in the presence of Deponent and the said John Lennon 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 15^th
day of May                                                            Edward P. Morris
A.D. One Thousand Eight
Hundred and Eighty six.
Geo. J. Adams
Commissioner

This is the last Will and Testament of me Catherine Brien of Newfoundland, Widow, made this tenth day of April A.D. 1886.
First. I bequeath to my son Pierce Brien all the interest which at present I may have in the house occupied by me; also all the stock in trade in connection with the shop and business carried on by me in the said house and also all the furniture in said house, of every description whatsoever.
Second. It is my desire that out of the sum of two hundred and fifty pounds at present in the Newfoundland Savings Bank, that one hundred pounds be left there undisturbed and for the space of ten years, at the end of which time, if my Executor shall so think fit he may ^pay it or a portion of it to my said son Pierce. The interest meanwhile on the said sum of one hundred pounds to be drawn and spent annually on having masses said for the repose of my soul and that of my husband and three daughters.
Third. It is my wish that the balance of one hundred and fifty pounds, which shall be remaining in the bank after the setting aside of the said sum shall be paid over by my Executor to my said son Pierce Brien for his use and benefit; but out of it he shall pay all my just debts and funeral and other expenses consequent? on my death and out of the said sum of one hundred and fifty pounds, he shall purchase a new burying lot for me in the Belvidere Cemetery and place around my grave an iron railing.
Fourthly. I bequeath to the Reverend John Ryan P P Saint Patricks, my Executor hereinafter mentioned, the sum of five pounds.
Fifthly. I bequeath to my five grandchildren, children of my daughter Ellen, wife of Edward Burke, who now reside in Saint Johns, New Brunswick, all my wearing apparel.
I hereby appoint the Reverend John Ryan of Saint Patricks Parish, Saint John's aforesaid, to be my sole Executor.

Signed by the said Testatrix (by
affixing her mark having been
first read over and explained to her)          Catherine X (her mark) Brien
as her last Will and testament in the
presence of us who in the
presence of her ??? and in the presence
of each other have hereunto subscribed our
names at witnesses. The words "and" and
"pay" having been first respectively erased
and interlined on the first page.
E. P. Morris
John Lennon

Will of
Mrs. Catherine Brien