Arthur Duff
          1886

Estate of Arthur Duff 1886
From LDS microfilm #2057543

To the Honorable the Supreme Court
of Newfoundland or any of the
Honorable the Judges thereof

The Petition of James Duff of Holyrood in Conception Bay, fisherman and farmer

Humbly Sheweth

That Arthur Duff formerly of Holyrood, fisherman and farmer, died there in the year 1875 having first made and executed? his last will and testament as hereto annexed and which will has been duly proved in common form.
That said Testator died possessed of property consisting chiefly of land situate at Holyrood aforesaid and being of the probable value of about eight hundred dollars.
That he left him surviving his widow who is since then deceased and nine sons namely Edward, Thomas, John, William, Mathew, Arthur, Patrick, Peter and your Petitioner, and his daughters namely Mary, now the wife of John Kennedy of Harbor Main, planter and Ellen, now the wife of Joseph Hicks of Holyrood aforesaid, fisherman.
That all of the said children are of full age and resident in Newfoundland except William who resides in America.
That the executors in the said will named, namely John Kenndy and Patrick Mayers are both deceased.
That no probate or administration to the Estate of the said Testator has been hitherto granted.
That all of the said children of the said Testator consent and agree that administration with the said will annexed to the Estate of the said Testator be granted to your Petitioner and your Petitioner therefore prays that such administration may be granted unto him and as in duty bound he will ever pray &c &c &c. Dated at Holyrood this 19^th day of January A.D. 1886.

Robert J. Kent                       James his X mark Duff
Proctor for said Petitioner

In the Supreme Court
Probate Side

In the matter of the Estate of
Arthur Duff formerly of Holyrood,
Conception Bay, fisherman and
farmer, deceased.
          I, James Duff of Holyrood aforesaid do make oath and say that I am the Petitioner in the foregoing petition in this matter named and that the several matters and things in the said petition set forth are just, correct and true.

Sworn before me at Holyrood in                    James his X mark Duff
Conception Bay this 18^th day of
January A.D. 1886 having been
first read over and explained to
the said James Duff.

John Veitch
Commissioner of Affidavits
Supreme Court

1886

In the matter of the Will of
Arthur Duff
formerly of Holyrood in
Conception Bay,
fisherman, deceased.

Petition for Admn C.T.A.

Fiat
J. J. Pinsent
A.J.

ALBERT J. KENT, Q.C.
BARRISTER,
SOLICITOR &c

In the Supreme Court
Probate Side

In the Estate of Arthur Duff, late of Holyrood in Newfoundland, Fisherman, deceased. At the instance of Mathew Duff of Holyrood aforesaid, Fisherman, claiming as next of kin and of Edward Duff claiming letters of administration.
The Answer of James Duff, Patrick Duff, Peter Duff and William Duff, sons of the said Arthur Duff, deceased to citation in this matter served upon them.
          These respondents, for answer to the said Citation say that it is not true that the said Arthur Duff died intestate, but on the contrary thereof they say that he made his last Will and Testament as hereto annexed and which was on the 21^st day of October A.D. 1882 proved in common form by the Very Reverend Jeremiah O'Donnell then Parish Priest of Harbor Main and one of the subscribing witnesses to the said Will as appears by the affidavit of proof thereof thereto annexed and to which these respondents crave reference.
That said will has as these respondents verily believed been since it was so proved, deposited in the Registry Office of this honorable Court. That the Executors named in the said Will are both now deceased.
That the property left by said Testator was of the probable value of about eight hundred dollars and consisted chiefly of land situate at Holyrood aforesaid.
That said Testator died in or about the year 1875 and left him surviving his Widow, Mary Duff who has since died and nine sons still living namely Edward, Thomas, John, William, Mathew, Arthur, Patrick, James and Peter all now resident in Newfoundland except William who resides in America. And two daughters namely Mary, now the wife of John Kennedy and resident at Harbor Main aforesaid and Ellen, now the wife of James Hicks of Holyrood, aforesaid.
That Peter Duff, Patrick Duff, Ellen Hicks and Mary Kennedy, four of the children of the said Testator have consented that administration with the said Will annexed to the Estate of their said deceased father be granted to the said James Duff.
This respondent James Duff therefore prays that administration with the will annexed to the Estate of the said Arthur Duff, deceased, may be granted unto him and that the said promovent? may be ordered to pay the costs of and occasioned by these proceedings.

Robert J. Kent                    James his X mark Duff
Proctor for respondents.

St. John's
Supreme Court
Probate Side
          James Duff of Holyrood maketh oath and saith that the contents of the above written answer to Citation is just, correct and true to the best of his knowledge and belief.

Sworn before me this 26^th day
of November A.D. 1886, having                    James his X mark Duff
been first read over and
explained.
O. Emerson
Comissioner

Supreme Court
Probate Side

In the matter of the
Estate of Arthur Duff,
formerly of Holyrood, C.B.,
planter, decd.

Answer to Citation

Unreadable notation.

Filed Nov 27/85

ROBERT J. KENT, Q.C.
BARRISTER, SOLICITOR &c
ST. JOHN'S, NEWFOUNDLAND.

In the matter of the Estate of
Arthur Duff, formerly of
Holyrood in Conception Bay,
Planter, deceased.

          We the undersigned children of the said decedent do hereby consent and agree that administration with the will annexed to the Estate of the said Arthur Duff be granted to James Duff one of his sons.
Dated at Holyrood the 18^th day of November A.D. 1886.
Witness having been first read over and explained.

Witness

Richard Walsh

SUPREME COURT

St. John's }
SS            } James Duff of Holyrood, fisherman, maketh oath and saith that he was present and saw the above named Peter Duff, Patrick Duff, Ellen Hicks, Mary Kennedy, children of said deceased Arthur Duff duly sign^{by putting their marks thereto} and execute the above and also Richard Walsh sign his name as witness thereto.

Sworn before me this 26^th day
of November A.D. 1885 having                    James his X mark Duff
been first read over & explained.
Otto Emerson
Commissioner

Supreme Court

In the matter of the will of Arthur Duff }
late of Holyrood, fisherman, deceased    }
          On hearing Kent Q. C. of Counsel for the respondents herein and W. Parsons for the petitioners, It is ordered that Richard MacDonnell Esquire of Harbor Main be and he is hereby appointed Examiner to take the examination of the Very Reverend Jeremiah O'Donnell of Harbor Main aforesaid as interrogatories and cross interrogatories (if such be formatted? by the Counsel for the petitioners) when exhibited to him by the said Examiner as to executor of the will of said deceased proposed in this matter by the said respondents and ?????? as to the validity of the said Will and that the evidence when taken be reduced to writing and signed by the said examiner and be turned in to the Registry of the Court without delay, and that such evidence be sent at the hearing of the matter saving all just exceptions thereto.
          Dated at St. John's this twenty eighth day of December A.D. 1885. By the Court.

On motion of Kent Q.C. for said respondents.
Prescott H. Emerson
C.C. A.J.

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

To Wit    }

          The Reverend Jeremiah O'Donnell of Harbor Main in the Northern District, Roman Catholic Priest maketh oath and saith that on the seventh day of January A.D. one thousand eight hundred and eighty seventy at _______________________ he this Deponent was present and did see Arthur Duff late of Holyrood, 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 James Mayers and Patrick Duff, the other subscribing witness thereto. That Deponent and said James Mayers and Patrick Duff then and there signed their names to such^{the said James Mayers and Patrick Duff by making each his mark} 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 Holyrood
aforesaid this 28^th day of October             Jeremiah O'Donnell
A.D. One Thousand Eight Hundred
and Eighty Two.

John Veitch
Commissioner of Affidavits
Supreme Court

Last Will of
late Arthur Duff,
planter,
late of Holyrood.

I, Arthur Duff of Holy Rood do make this my last Will and Testament.
I will and desire that my wife Mary Duff, after my death become sole proprietor of all I possess making it however obligatory on her to divide as she may think fit, ?????? our six unmarried sons, the land and other property at her death.
I appoint John Kennedy and Patrick Mayers as my executors.
          In witness hereof I put my hand & seal this 7^th day of Jany 1870 in the presence of

(Some of the below names are faint and crossed out making it difficult to read)

Rev. Jeremiah O'Donnell
Patrick Mayers
William Kennedy           Arthur
John ?????                    Arthur Duff

Sup. Ct.

In the matter of the will }
of Arthur Duff late of    }
Holyrood, fisherman,     }
deceased.                         }
Interrogatores for the examination of the
Rev. Jeremiah O'Donnell as witness on
behalf of the respondents in this matter
under the annexed rule of Court.

1. Did you know the late Arthur Duff of Holyrood who died there in the year 1875 or thereabout, how long did you know him before his death?
2. Were you present when he signed the paper writing or will now produced and shown to you?
3. Is the signature thereto as witness Rev. Jeremiah O'Donnell your signature?
4. Were you present and did you see Arthur Duff sign that paper writing as his last Will and Testament?
5. Who was present at the same time?
6. Is James Mayers one of the other witnesses thereto still alive?
7. Did you and the other witnesses, James Mayers and Patrick Duffy, sign the said paper writing as witnesses in the presence of the said Arthur Duff deceased and of each other?
   
   
   
   
8. Where was the will signed?
9. Had you any conversations with Arthur Duff about this Will before the time at which he signed it? If so, please state as much of such conversation as you can recollect.
10. In what state of bodily health was Arthur Duff when he signed that Will?
11. In what state of mental health was he at same time?
12. Was he then capable of fully understanding what he was doing?
13. Did he understand what he was doing and did he approve of the said paper writing as his last Will and Testament?
14. How long did he live after he signed that Will?
15. Besides yourself and the other two witnesses to the Will, was there any one else present when Arthur Duff signed it? If so, name them.

R. J. Kent
Solicitor for Respondents
Jany 2^nd 1886

By way of cross examination, Wm Parsons desires to ask.

Was the will read over and explained in the presence of the Testator and attesting witnesses?

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

Be it Remembered, That on this Second day of January in the Forth-ninth Year of the Reign of our Sovereign Lady VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c, and in the Year of Our Lord One Thousand Eight Hundred and Eighty-six personally appeared James Duff of Holyrood, Fisherman, Morris Malone of Saint John's, Publican, and Thomas Fitzgibbon of same place, grocer, and did acknowledge himself to be held and firmly bound to our said Lady the Queen, her Heirs and Successors, in the penal Sum of Two Thousand Dollars, to be had, made and levied on his Goods, Chattels and Effects, jointly and severally, if Default is made in any of the conditions following:--

NOW THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden James Duff as Administrator of the Estate and Effects of Arthur Duff late of Holyrood aforesaid , deceased, do make, or cause to be made, a just, true, and perfect Inventory of all and singular the Goods, Credits and Effects of the said deceased, which have or shall come to the hands, possession, or knowledge of him the said James Duff as such Administrator or to the hands or possession of any other person, or persons, for him and the same so made do exhibit, or cause to be exhibited, in the Supreme Court of Newfoundland, at or before the 2^nd day of August next ensuing the date hereof; and the said Goods, Chattels, Credits and Effects, and all other the Goods, Chattels, Credits and Effects of the said deceased, at the time of his death, or which at any time afterwards shall come into the hands or possession of him the said James Duff or to the hands or possession of any other person or persons for him shall well and truly administer according to Law, and further shall make, or cause to be made, a just and true account of his said Administration, on or before the 2^nd day of February which will be in the Year of Our Lord One Thousand Eight Hundred and Eighty-seven and afterwards from time to time as he shall be lawfully required. And all the rest, residue, and remainder of the said Goods, Chattels, Credits and Effects, which shall be found remaining upon the said Administration Account, the same being examined and allowed by the said Supreme Court of Newfoundland, shall and do pay and dispose of in due course of Administration, or in such a manner as the said Court shall direct; then this obligation to be void and of no effect, or else to be and remain in full force and virtue.

Signed and Sealed                       James his X mark Duff SEAL
in presence of                              Maurice Malone SEAL
having been first read over         Thomas Fitzgibbon SEAL
& explained.
Otto Emerson
Commissioner

Supreme Court
Probate Side

          In the matter of the alleged Will of Arthur Duff, late of Holyrood, Conception Bay, fisherman, deceased.

          The examination of the Reverend Jeremiah O'Donnell taken upon oath before me, the undersigned examiner appointed under the annexed rule of Court in this matter dated the 28^th day of December A.D. 1885.

          The Reverend Jeremiah O'Donnell being sworn Saith

In reply to the first interrogatory - "I knew the late Arthur Duff many years before his death but cannot say how many."

In reply to the Second interrogatory - "I was present and saw him sign the paper or Will."

In reply to the Third interrogatory - "It is."

In reply to the Fourth interrogatory - "I was present and did see the late Arthur Duff sign the Will as his last Will and Testament."

In reply to the Fifth interrogatory - "I cannot now recall who were present outside of the two subscribing witnesses. I remember them as I had to write their names. I mean James Meyers and Patrk Duff."

In reply to the Sixth interrogatory - "I do not know."

In reply to the Seventh interrogatory - "We did."

In reply to the Eighth interrogatory - The Will and Signatures were executed in Arthur Duff's House, South-Side, Holy Rood to best of my knowledge and belief.

In reply to the Ninth interrogatory - I do not now remember.

In reply to the Tenth interrogatory - "He was ill but as far as I can now remember not dangerously so."

In reply to the Eleventh interrogatory - I believe he possessed all his mental faculties as far as I could judge.

In reply to the Twelfth interrogatory -"I believe he was."

In reply to the Thirteenth interrogatory - "I believe he understood fully as he signed and approved of the Will and expressed himself satisfied with it."

In reply to the Fourteenth interrogatory - "I cannot remember how long but think he lived some time afterwards."

In reply to the Fifteenth interrogatory - "There may have been others present but I cannot now call to mind who they were."

In reply to the Cross interrogatory he says - It was read over and explained by me to the late Arthur Duff in the presence of the subscribing witnesses.

Taken and Sworn at Conception Harbor in                    Jeremiah O'Donnell
Conception Bay this fifth day of January
Anno Domini Eighteen hundred and eighty
six A.D. 1886 before me
Richard MacDonnel
Examiner

Sup. Ct.

In the matter of the will
of Arthur Duff, late of
Holyrood, fisherman,
deceased.

Evidence of Rev. Jeremiah
O'Donnell, taken d.b.e.
for Respondents.

Files Jany 7/86

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

ST. JOHN'S }
To Wit          } I do swear that I believe that Arthur Duff, late of Holyrood in the Central District of Newfoundland, fisherman, 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 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 One Thousand dollars.

Sworn before me, at St. John's, the
2^nd day of February, in the year
of our Lord One Thousand Eight                    James X Duff
Hundred and Eighty-six (having
been first read over and explained).
Otto Emerson
Commissioner of Affidavits

1886
Estate of Arthur Duff
late of Holyrood
in the Central District
Fisherman, deceased

Dated February 2^nd 1886
Admin C.T.A. granted to
James Duff of
Holyrood afsd, Fisherman.

Sureties
Maurice Malone and
Thomas Fitzgibbons.

Estate sworn under
           $1000.00