Estate of John Feehan 1886
From LDS microfilm #2057543
In the Supreme Court }
You shall swear that you believe this to be the true last Will and Testament of John Feehan, late of St. John's in the Central Distrit, Licensed Publican, 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 John Feehan, deceased, and of which he died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of Thirteen Thousand Seven Hundred Dollars.
So help you God.
Sworn before me, at St. John's
this 14th day of May A.D., 1886. John Fitzgerald
Geo. J. Adams
Commissioner of Affidavits, Supreme Court
Estate of John Feehan
late of St. John's
in the Central District,
Dated 14th May 1886
Probate granted to John Fitzgerald,
one of the Executors named in the
Will, the other having renounced.
Estate sworn under $13,700.00
After three days, application will be made to the Honorable the Supreme Court or to one of the Honorable the Judges thereof for probate of the Will of John Feehan, formerly of St. John's, Publican, deceased, to be granted to Honorable James McLaughlan and John Fitzgerald, both of St. John's, Executors in said Will named.
St. John's, May 5th 1886.
I certify that the notice on the other side hereof written has been posted in my office from the day of the date thereof, until this day and that no caveat or other objection thereto has been filed or entered.
St. John's, May 12th 1886
To the Honorable the Supreme Court of
Newfoundland or any one of the
Honorable the Judges thereof.
The Petition of John Fitzgerald of
St. John's, Fisherman
That John Feehan, late of St. John's, Licensed Publican, died there on or about the twenty second day of April last past having made and executed his last will and Testament hereto annexed and which Will has been duly proved in common form.
That the wife of said Testator died before him. That he left surviving him as his next of kin three children namely two sons, Patrick and Michael and one daughter Mary Ann married to one William Voisey of St. John's, Wheelright, all of whom are of full age and reside in St. John's.
That said Testator died possessed of property situate within the Jurisdiction of this Honorable Court of the probable value of about Thirteen Thousand Six Hundred and Forty dollars. (Note in margin - $13640).
That in and by his last Will he nominated and appointed your Petitioner and the Honorable James McLaughlan of St. John's aforesaid, Merchant as Executors thereof. That said Honorable James McLaughlan has, as appears by the papers hereto annexed, renounced his said Executorship.
That no probate or administration to the Estate of the said deceased has been hitherto granted.
Petitioner therefore prays that probate to the said Will may be granted to him and as in duty bound he will ever pray.
Dated at St. John's this eleventh day of May A.D. 1886.
Robert J. Kent
Proctor for said Petitioner.
In the Supreme Court
In the matter of Probate of the Will
of John Feehan late of St. John's,
Licensed Publican, deceased.
I, John Fitzgerald of St. John's 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 St. John's this John Fitzgerald
Eleventh day of May, A.D. 1886.
In the matter of Probate
of the Will of
late of St. John's,
Petition for Probate
J J. Little
ROBERT J. KENT, Q.C.
ST. JOHN'S, NEWFOUNDLAND
BARRISTER, SOLICITOR &c.
SUPREME COURT OF NEWFOUNDLAND
Central District }
ST. JOHN'S }
TO WIT }
James McLaughlan of Saint John's aforesaid, Gentleman, maketh oath and saith that on the eighth day of February A.D. one thousand eight hundred and eighty five at Saint John's aforesaid, he, this Deponent, was present and did see John Feehan, late of St. John's aforesaid, Publican, the Testator named in the paper writing hereunto annexed duly sign (by making his mark) publish and declare the said annexed paper writing as and for his last Will and Testament, in the presence of this Deponent and of Edward P. Morris of St. John's aforesaid, Barrister-at-Law the other subscribing witness thereto. That Deponent and said Edward P. Morris then signed their names to such Will as such witnesses, in the presence of the said Testator and of each other. - That previously to the said Will being so signed as aforesaid, by the said Testator and the said witnesses, it was read over to, and approved of by the said Testator in the presence of Deponent and the said Edward P. Morris 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 James McLaughlan
aforesaid, this 7th day of May
A. D. One Thousand Eight Hundred
and Eighty Six.
In the matter of the Will of John Feehan,
late of St. John's, Publican, deceased.
St. John's }
To Wit }
James McLaughlan of Saint John's, Gentlemen, maketh oath and saith that he freely and voluntarily renounces all right to act as Executor of the last Will and Testament of John Feehan, late of St. John's aforesaid, Publican, and that he has in no way intermeddled with the affairs of the said Estate.
Sworn before me at St. John's James McLaughlan
this 7th day of May A.D. 1886
THIS IS THE LAST WILL AND TESTAMENT of one John Feehan of Saint John's in the island of Newfoundland, Publican. My will is first that my just debts and funeral expenses be paid by my Executors hereinafter named and the residue and remainder of any real and personal property which shall not be required for such purposes, I give, devise and disburse of as follows, namely, I give and devise to my beloved wife Margaret Feehan that land and dwelling house situate on Pokeham Path and next to that at present occupied by my son Patrick Feehan, which said house is at present unoccupied, to have and to hold the same for her use and benefit during her natural life and at her death it is to go to my said son Patrick Feehan as is hereinafter set forth in this my said will.
I do also bequeath to the said Margaret Feehan, my beloved wife, the balance of all monies of which I shall die possessed and which shall have remained over and above when all my just debts, funeral and testamentary expenses shall have been paid, to be paid to her by my Executors hereinafter named, to have and to hold to her and her use for ever.
I devise and bequeath to my son Patrick Feehan the dwelling house in which he now resides, also the dwelling house adjoining the one in which he resided, but from the latter he shall not derive any benefit or interest, nor shall it come into his possession until the death of my said wife Margaret Feehan.
I do also devise and bequeath to my said son Patrick Feehan the four tenements and the land upon which they are built situate in Patrick Street and occupied by one Mahoney and Son. Also the dwelling house next to one Bolts and now vacant. Also all my interest in and to that store adjoining the dwelling house in which I now reside and all the stock and furniture in the said store to have and to hold, the said lands, houses, stock, furniture for ever subject to the conditions hereinafter set forth in this my will.
I devise and bequeath to my son Michael Feehan the two large houses situate on Patrick Sheet and now occupied by Mrs. Robin Power and Mrs. Hennessey. Also that new house situate in Patrick Street next to Mrs. Robin Powers now occupied by one Conway and ________. This is a four tenement house. Also all my right title and interest in and to that dwelling house in which I now reside situate on Water Street and all furniture and stock in said house save and except such articles as beds, bedding and the personal apparel of my said wife which she may desire to take out of such house. Also that land, house and property situate at River Head opposite the Saint John's Gas house and which said house contains four tenements to have and to hold the said lands, houses, stock and furniture forever, subject however to the conditions hereinafter set forth in this my last will.
I devise and bequeath to my daughter Mary Ann, wife of William Voisey, that house situate on Pokeham Path and now in course of erection and second next door to my son - Patrick Feehan's residence. Also the dwelling house known as the "Long House" with all the land attached thereto situate next to Moore the Cooper and at present in the occupancy of one Williams and Cambell, free from the control or debts of her present husband or any person with whom she may hereafter intermarry, to have and to hold the said land and houses for and during her natural life and at her death in the event of her dying without leaving issue alive or leaving such issue and it to die before arriving at the age of twenty one years, then the said land and houses so devised and bequeathed to my said daughter Mary Ann to go to my two sons Patrick Feehan and Michael Feehan to be divided equally amongst them. The said bequest to my said daughter Mary Ann to be subject however to the conditions hereinafter set forth in this my will.
I devise and bequeath to my two sons Patrick Feehan and Michael Feehan that piece of land situate on Nunnery Lane adjoining one William Bolts to be equally divided between them, my son Michael taking the lower end in that portion next to Bolts upon which a stable is erected, he also to own the said stable to have and to hold the said land and stable forever subject however to the conditions hereinafter set forth in this my will.
I bequeath to my grand child Margaret Voisey the sum of fifty pounds currency to be paid to her when she arrives at the age of twenty years together with such interest as shall have accrued in the meantime and in the event of her dying before that time without having issue surviving her the said bequest of fifty pounds to go to her mother, my aforesaid daughter Mary Ann. And I hereby direct that my hereinafter named Executors shall upon my death deposit in some bank in this Colony the
said bequest of fifty pounds in the name of my said grand child.
I desire that my said sons Patrick Feehan and Michael Feehan shall, from the revenues derived from the lands and houses devised to them under this my will, pay or cause to be paid to my said daughter Mary Ann the sum of five pounds currency annually towards her support and maintenance as long as she shall continue to remain seperate (sic) and apart from her said husband, but in the event of their again living together, such annual stipend to cease from the date of such reunion.
I desire that my said sons Patrick and Michael and my said daughter Mary Ann shall not at any time sell, mortgage or in any way dispose of the lands, houses and interests which they have and hold under this my last will unless it be to sell, mortgage or dispose of the same from one to another, but in no case to an outsider.
I bequeath to the Right Rev. Dr. Power, Bishop of Saint John's aforesaid or his successor five pounds currency towards the new orphanage at Bellevue Squires. I bequeath to the Convent of Saint Michael Belvidere five pounds currency towards the building fund of the new
orphanage for girls.
I desire that my said wife Margaret Feehan shall have a high mass and office celebrated for the repose of my soul, also that she shall pay to the Reverend John Ryan of Saint Patrick Parish the sum of ten pounds currency for masses for my soul.
I nominate and appoint the Honorable James MacLaughlan and John Fitzgerald, both of Saint John's aforesaid, Executors of this my last will and testimony.
In testimony whereof, I the Testator, have hereunto set my hand by affixing my mark this eighth day of February Anno Domini one thousand eight hundred and eighty five.
Signed by the said testator by affixing his
mark thereto as and for his last will and
testament (the same having been read
over and explained to him) in the presence
of us who in his presence at his request John his X mark Feehan
and in the presence of each other have
hereunto affixed our names as witnesses
the day and year first above written.
Edward P. Morris
Written in right margin of last page of will - Will of John Feehan.