Catherine Walsh
          1886

Estate of Catherine Walsh 1886
From LDS microfilm #2057237

To the Honorable The Supreme Court of Newfoundland or any one of the Honorable The Judges Thereof

The Petition of Margaret Walsh of St. John's in the said Island, Spinster

Humbly Sheweth

That Catherine Walsh of St. John's aforesaid, Widow of the late William Walsh, formerly of same place, Ship Owner, died there on the thirtieth day of January last having first made and executed her last Will and Testament as hereto annexed and which Will has been duly proved in common form.
That the said William Walsh, the husband of the said Testatrix, died many years before her.
That the said Testatrix died possessed of property situate within the jurisdiction of this Honorable Court of the probable value of about Fourteen Thousand dollars.
That she left her surviving four daughters namely your Petitioner and Mary, both of whom resided with her up to the time of her death; Catherine, now the wife of William Coughlin and Anna, now the wife of Edward Whigton, an officer in Her Majestys service and one son Richard, who resided with the said Testatrix up to the time of her decease.
That in and by the said last Will and Testament she nominated and appointed your Petitioner as Executrix thereof.
That no probate or administration to her Estate has been hetherto? granted and Petitioner therefore prays that probate of the said Will be granted unto her and as in duty found she will ever pray &c.
Dated St. John's this fifth day of February A.D. 1886

Margaret Walsh
Robert J. Kent
Proctor for said Petitioner.

In the Supreme Court
Probate Side

In the matter of the will of Catherine Walsh formerly of St. John's, Widow, deceased.
          I, Margaret Walsh of St. John's aforesaid, Spinster, 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                    Margaret Walsh
this fifth day of February A.D. 1886.
Otto Emerson
Commissioner

1886

In the matter of the Will of
Catherine Walsh
late of St. John's, Widow, dec'd.

Petition for Probate

Fiat
R. J. Pinsent
A.J.

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

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

TO WIT    } Robert J. Kent of Saint John's, one of Her Majesty's Council, maketh oath and saith that on the sixth day of October A.D. one thousand eight hundred and eighty four at Saint John's aforesaid, he this Deponent, was present and did see Catherine Walsh late of St. John's, Widow, the Testatrix named in the paper writing hereto annexed, duly sign, publish and declare the said annexed paper writing as and for her last Will and Testament, in the presence of this Deponent and of Thomas R. O'Donnell of St. John's aforesaid and Student at Law, the other subscribing witness thereto. That Deponent and said Thomas R. O'Donnell then and there signed their names to such Will as such witnesses, in the presence of the said Testatrix and of each other 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, in          Robert J.Kent
the Island aforesaid, this 4^th day of
February A.D. One Thousand Eight
Hundred and Eighty-six.

O. Emerson
Commissioner

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

TO WIT   } Robert J. Kent of St. John's, one of Her Majesty's Counsel, maketh oath and saith that on the 29^th day of August A.D. one thousand eight hundred and eighty five at St. John's aforesaid he, this Deponent was present and did see Catherine Walsh, late of St. John's, Widow, the Testatrix named in the paper writing hereto annexed^{marked A}, duly sign, publish and declare the said annexed paper writing as a for a Codicil to the last Will and Testament, in the presence of this Deponent and of Thomas R. O'Donnell, the other subscribing witness thereto. That Deponent and said Thomas R. O'Donnell then and there signed their names to such will^Codicil as such witnesses, in the presence of the said Testatrix and of each other and that at the time of the said execution of the said Will^Codicil the said Testatrix was of sound and disposing mind, memory and understanding, to the best of Deponent's knowledge and belief.
(Two changes from Will to Robert J. Kent Codicil initialed by OE.)

SWORN BEFORE ME at St. John's, in the
Island aforesaid, this 4^th day of February
A.D. One Thousand Eight Hundred and
Eighty six.
O. Emerson
Commissioner

In the name of God Amen.
I Catherine Walsh of St. John's, Widow of William Walsh formerly of St. John's aforesaid, Master Mariner, do make, publish and declare this as and for my last Will and Testament.
First. I direct that all my just debts, funeral and testamentary expenses shall be paid.
Secondly. I direct that out of the value of my deposit receipt for money in the Union Bank of Newfoundland, of my two debentures of the Government of Newfoundland, and of my shares in the St. John's Gas Light Company and in the Capital stock of the said Union Bank of Newfoundland, which value I estimate as being at this time equal to the sum of Three thousand pounds currency, there shall be paid by my executrix hereinafter named to my daughter Margaret the sum of nine hundred pounds, to my daughter Mary the sum of nine hundred pounds, to my son Richard the sum of nine hundred pounds, to my daughter Catherine Coughlan the sum of three hundred pounds.
Thirdly. Should the value of my said deposit receipt, debentures, and shares exceed at the time of my decease the said sum of Three thousand pounds currency, then I will and direct that the amount of such excess shall be divided by my said Executrix in equal shares and proportions between my said daughters Margaret and Mary and my said son Richard.
Fourthly. I give, devise and bequeath the house in which I now live, and the land on which it is built and all the lands and premises therewith used and occupied, and all the household goods and furniture, chattels and effects therein to my said daughters Margaret and Mary in equal shares and proportions between them.
Fifthly. I give, devise and bequeath that piece of land situate on the East side of my said house and at present unoccupied to my said son Richard.
Sixthly. It is my will and desire that the lands, goods, chattels, moneys and property bequeathed to my said daughters and to each of them, shall be by them and each of them taken, held and enjoyed as separate estate and without power of anticipation.
Seventhly. I do hereby nominate, constitute and appoint my said daughter Margaret as sole Executrix of this my Will.
Lastly. I do hereby revoke and declare void all wills by me heretofore made.
Witness my hand at St. John's aforesaid this sixth day of October Anno Domini 1884.

Signed by the said Testatrix as and for her
last Will and Testament in our presence, who
in her presence and in the presence of each          Catherine Walsh
other have hereto set our hands as Witnesses
on the day and at the place above written.
Robert J. Kent
Thomas R. O'Donnell

A

I, Catherine Walsh of St. John's, widow, the Testatrix in the foregoing Will named, do make, publish and declare this as and for a Codicil to my said last Will.
First. I revoke, annul and declare void all legacies, bequests, shares or interests in and by my said will made or given to my daughter Mary and in lieu thereof I do hereby give, devise and bequeath to my daughter Margaret for and out of the value of my deposit receipt for money in the Union Bank of Newfoundland if any, two debentures of the Government of Newfoundland and of my shares in the St. John's Gas Light Company and in the Capital stock of the Union Bank of Newfoundland, the sum of five hundred pounds currency in trust to hold and apply the same and the yearly issues of profits thereof to and for the use and benefit of my said daughter Mary during her lifetime; but should the said Mary enter a Convent and become a proposed? nun, then the said sum of five hundred pounds shall immediately upon her profession as a nun be paid to her by the said Trustee as and for her own sole and absolute property. But should she not become a proposed nun and die without leaving issue her surviving, then the said sum of Five hundred pounds, or so much thereof as may be then undisposed of, shall become and be the property of my said daughter Margaret and of my son Richard in equal shares between them.
Second. If after providing for the aforementioned bequest of Five hundred pounds to my daughter Mary and for the legacies named in the Second bequest in my said Will mentioned, save and except the legacy of nine hundred pounds to my daughter Mary, which is hereby revoked, there remains any part of the value of my said deposit receipt, debentures and shares, I will and desire that so much thereof as may remain shall be divided in equal shares between my daughter Margaret and my son Richard.
Third. As regards the share of house, land, household furniture, goods, chattels and effects in and by the Fourth legacy in my said Will contained, given to my daughter Mary, I do hereby revoke the same and do give and bequeath the whole of the said house, lands, premises, furniture, goods, chattels and effects to my said daughter Margaret for  her own sole use and benefit.
Lastly, I do hereby confirm my said Will in all other respects and appoint my said daughter Margaret as Executrix thereof and of the Codicil thereto.
Witness my hand at St. John's this 29^th day of August A.D. 1885.

Signed by the said Executrix in our presence as
and for her last Will and Testament and we in          Catherine Walsh
her  presence at her request in the presence of
each other have hereto set our hand as witnesses
on the day and year above written

Robert J. Kent
Thomas R. O'Donnell

NEWFOUNDLAND  }
In the Supreme Court. }

AFFIDAVIT
----------

You shall swear that you believe this to be the true last Will and Testament of Catherine Walsh of Saint John's in the Central District of the Island 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 Walsh, deceased, and of which she died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of Fourteen thousand five hundred Dollars.

So help you God.

Sworn before me, at St. John's,                    Margaret Walsh
this ninth February A.D. 1886.
Otto Emerson
Commissioner of Affidavits, Supreme Court

1886

Estate of Catherine Walsh
late of Saint John's
in the Central District,
Widow, deceased.
Dated February 10^th 1886

Probate granted to Margaret Walsh
the Executrix named in the Will.

Estate sworn under $14,500.00.