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Miscellaneous Deeds, Grants, Petitions & Wills
(B)
Peter Brennan

 

Peter Brennan
          1887

Estate of Peter Brennan 1887
From LDS Microfilm #2057238

 

I hereby certify that the notice written on the other side hereof has been duly posted for the space of three days in the office of the Chief Clerk of the Supreme Court as by statute required and that no caveat or other objection has been entered thereto.
    St Johns    October     19th     1894

Geo J Adams
-------------
A.C.f.c.

 

 

   After three days from the date hereof application will be made to the Honorable the Supreme Court of Newfoundland or one of the Honorable the Judges thereof for the grant of Letters of Administration cum testamento annexo debonis now of the Estate and effects of the late Peter Brennan formerly of St Johns Merchant deceased to be issued to the Very Reverend John Scott of St Johns Roman Catholic priest.
   StJohn's    October    3rd 1894
          J. J. Kent
                Solicitor for applicant
(initials) ?.I.A.
   A.C.f.c.
__________

 

 

To the Honorable the Supreme Court of New-
foundland or any one of The Honorable the Jud-
ges thereof.

The Petition of the very Revd.John Scott of St.John's Roman Cath-olic Priest.

Humbly Sheweth

  1. That Peter Brennan formerly of St.John's Merchant died at that place on or about the day of April which was in             the year of Our Lord 1887, having duly executed his last will and test-ament which was duly proved by the subscribing Witnesses thereto and admitted to probate by this Honorable Court and probate papers issued to the Very Reverend William Forristal and Robert J.Kent QC t?? of the executors madenamed in the will on the Fourth day of May A.D. 18?7, the Honorable Joseph J.Little the other executor having re-nounced. All of which will more particularly appear from the pet-ition and other papers filed in the office of the Chief Clerk and Registrar at the time of the granting of such probate .
  2. That the said Robert J.Kent one of the aforesaid executors died on the twenty ninth day of September 1893,leaving the Very Reverand William Forristal sole surviving executor of the said will of the said deceased Peter Brennan and that on the           day of Sept-ember just past the said Very Revd.William Forristal died without a will and without having fully administered the Estate of the said Peter Brennan .
  3. That as appears in and by the petition of the Very Revd.William Forristal and Robert J.Kent dated the thirtieth day of April 1887, and filed as aforesaid the said Peter Brennan left him surviving no next of Kin within the jurisdiction of this Honorable Court ex-cept a Mrs.Devine who has since left the country, nor are there at present, as far as your petitioner is aware and can find any such relatives of the said Testator so residing within the colony.
  4. That the Estate of the said deceased Peter Brennan remaining in-administered at the time of the deceased of the said surviving ex-



    ecutor amounts to about the sum of $?000.00 so far as your petit-ioner can estimate it.
  5. That all the bequests in the said Testators will contained have been paid over fulfilled and discharged save and except the residuary bequest by which he left all that remained of his property money and effects to his executors for such charitable or relig-ious objects and purpose in the Island as they may from time to time determine on.
  6. That since the death of the said surviving executor no probate or administration so far as your petitioner is aware has been granted to the Estate of the said deceased Peter Brennan .
  7. Your petition therefore prays that he may be appointed adminis trator cum testamento annexo debonis non administratis which were of the said Testator and as in duty bound he will ever pray.&c.&c.

Dated at St.John's this19th day of   October         A.D.1894.
J. J. Kent
    Solicitor for petitioner

 

IN THE SUPREME COURT OF NEWFOUNDLAND
In

   In the matter of the estate   and        }
   will of Peter Brennan formerly of }
   St Johns Merchant now deceased.    }
             I the Very Reverend John Scott of StJohns Roman       Catholic Prieist make oath and say as follows:-
     I. I am the petitioner in the foregoing petition named and
(initials in right margin) (Wf.C) 2.That the several matters and things there in setforth- -
        are just correct and true.
  Sworn before me at St Johns this}
  19th day of October A.D. 1894   }          J. Scott. Admr.

                 W.f. Carroll
                        Comm S.C.

 

 

(tri-fold page, centre panel)

1894          Oct

In the Supreme Court

In the matter of          }
the Will and Estate    }
of Peter Brennan     }
formerly of St Johns }
Merchant and ???    }

--------------------------------

 

Petition for Administration
C. T.A.    A.C.na.
and affidavit.
------------------------------

 

Fiat
Oct 1?/ 94
          S. Martin
(seal/stamp) J.J. KENT          J.
BARRISTERS
SOLICITORS
&c. &c.

 

 

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

           Be it Remembered,
That on this          27th       day of October            in the    in the 58th 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 ninety four
       personally appeared The Very Reverend John Scott of St
       Johns in the Central District, Roman Catholic Priest
       The Honorable Maurice Fenelon of same place Gentleman
       and John J. O'Reilly of the same place Licensed Dealer
       and did acknowledge themselves to be held and firmly bound
       to our said Sovereign Lady the Queen, Her Heirs and
       Successors, in the penal Sum of Ten thousand dollars
       _____ to be had, made and levied on their Goods, Chat-
       tels 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 Very Reverend John Scott ---------------
as Administrator cum testament annexo de bonis now of the Estate and Effects of Peter Brennan ---------------
late of St. Johns ,aforesaid, Merchant
deceased, do make, or cause to be made, a just, true, and perfect Inven-tory of all and singular, the Goods, Credits and Effects of the said deceased, which have or shall come to the hands, possession, or knowl-edge of him    the said    Reverend John Scott
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 into the Su-preme Court of Newfoundland, at or before the       27th
day of     April            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 to the hands or possession of him                 the said     Administrator
---------------------------------------    or to the hands or possession of any other person or persons for him shall well and truly admin-ister 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      27th           day of October           which will be in the year of Our Lord One Thousand Eight Hundred and ninety five 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 Admin-istration account, the same being examined and allowed by the said Supreme Court of Newfoundland, shall and do pay and dispose of in a due course of Administration, or in such 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   } (seal in right margin)
      in presence of }                  J. Scott

          W.f.Carroll                    Maurice Fenelon (seal in right margin)

                 Commissioner of Affidavits of the (seal in right margin)
                 Supreme Court of Newfoundland          John J O'Reilly

 

 

AFFIDAVIT.
--------------------

In the Supreme Court of Newfoundland
---------------

NEWFOUNDLAND,      } I, The Very Reverend John Scott
Saint John's     To Wit :    } of Saint John's in the Central          District Roman Catholic Priest          do swear that   I   believe that Peter Brennan late of          Saint John's aforesaid Merchant ---------

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 said Goods of the deceased, and render a true account of my Administration into the Registry of the said Court, within Six months after 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 of which     he          died possessed, within the jurisdiction of this Court, initials; ??? and which are now signed and registered do not, (initials in right margin; (W.f.C) according to the best of my knowledge, judgment and belief, amount to the value of    Five thousand ------------ Dollars.

So help me GOD.     

Sworn before me, at St. John's }                    J. Scott
   this     21st          day of          }
   October       A.D., 189 4        }

                    W.f.Carroll

Commissioner of Affidavits,          
Supreme Court.

 

 

(tri-fold page; centre panel)

1894

Estate of Peter Brennan
late of St John's
in the
Central     District
Merchant   deceased.

--------------

Admin.(initials) C?.A.,??.b.u granted to the Very Revd
John Scott

of
St.John's
in the
Central
          District
Roman Catholic Priest

--------------

Dated
27th Octr 1894
(centre; line drawn 14 spaces in length)

Sureties M . Fenelon
(9 &nbsp) John J. O'Reilly
Estate sworn under $5,000 00/100

 

 

In the name of God, Amen
I Peter Brennan of StJohn's Merchant being of sound and disposing mind memory and under-standing do make and ordain this my last will and testament in manner following that is to say
To my nephew Thomas Brennan of Old court near Pietown in County Kilkenny in Ireland I will and Bequeath the sum of Two hundred pounds currency
To each of the children of my late brother Richard Brennan late of Templeoram in County Kilkenny aforesaid I will and bequeath the sum of Fifty pounds currency.    To my Executors hereinafter named I will and bequeath the sum of Six hundred pounds currency (£ 600.) to be held by them in Trust in the manner and for the uses intent and purpose following that is to say to invest the said sum in Bank stock Government funds or other reliable security and pay over the interest or dividends arising there from yearly and every year to and towards the support of the two daughters of my sister Joanna Walsh residing at or near Old Court aforesaid and on the demise of either of them the said interest or dividend shall be paid for the education and maintenance of the children of such one so dying and in the event of there being no child or children then to the survivor and her issue and in the event by both of my said nieces dying without issue. I will and direct that said interest or dividend shall be paid to such of my next of kin as my Executors shall in their _ _ _ judgment consider most deserving thereof _ _ _ _ _ I will and direct my executors to pay over to the ___ Roman Catholic Priest for the time being in charge of the Parish of Templeoram in said county the sum of Fifty pounds currency per year for three years

 

to be expended in and about the improvement and repairing of the Roman Catholic Church in said Parish Towards the repairing and improving of the Roman Catholic Church at Carrick on suir Ireland I bequeath the sum of Fifty pounds. Towards the support and improvement of the Roman Catholic Church at Windgap in said County Kilkenny I will and bequeath the sum of Twenty five pounds currency. Towards the same object for the Roman Catholic Church at Clonmel in the County Tipperary in Ireland I bequeath the sum of Fifty pounds.
To such two of the female Catholic orphanages at Dublin and Cork in Ireland as my executors may select I will and bequeath the sum of Fifty pounds currency each.
To and towards the support of the Orphanage at Belvedere St John's I will and bequeath the sum of Three hundred pounds currency.
To and towards the support of the Convent of Mercy Military Road StJohn's I will and bequeath the Sum of Two hundred pounds / £200 / Currency.
To each of the Convents in this Island I will and Bequeath the sum of Fifty pounds currency.
Towards repairing the Church at S Mary's in this Island I will and Bequeath the sun of Ninety Pounds / £90 / Currency.
I will and bequeath Twenty five (£25) pounds Currency towards repairing the Chapel at Salmonier
I will and bequeath the sum of three hundred pounds (£300) Currency for the support of said Teachers being members of the order known as the Christian Brothers in charge of the Education of the Poor children attending the Schools in St Patricks Hall in this Town.

 

I will and bequeath the sum of Two hundred (£200) Currency to be expended in the completion of St Patricks Church Riverhead in this town Towards repairing the Roman Catholic Church Chapel at Petty Harbor I will and Bequeath the sum of Fifty pounds Currency.
I will and bequeath the sun of Fifty pounds (£50) Currency to be expended in and about repairing the Roman Catholic Chapel at Topsail
Towards repairing the Roman Catholic Chapel at Torbay I will and bequeath the sum of Fifty pounds currency
Towards repairing the Church at Kilbride near S.John's I will and Bequeath the sum of Fifty pounds currency
To the Society of St. Vincent de Paul St John's I will and bequeath the sum of Twenty five pounds per year for five years immediately succeeding my demise.
In reference to my cousin Mrs. Devine wife of James Devine of this town I will and desire my Executors to act in such manner towards her as may be in keeping with my wishes which I have explained to them.
I will and bequeath the sum of Fifty pounds currency to the Very Reverend Father Sears of St Georges Bay in this Island .       All the residue and remainder of my lands chattels securities moneys and effects I will and bequeath to my Executors to be applied by them to such charitable or religious objects and purposes in this Island as they may in their ??? from time to time determine on. I nominate and appoint The Very Reverend William Forristal and the Honorable James Fox both of St John's executors of this my last will and testament and do hereby revoke all former and other wills by me ???
Witness          }                    Peter Brennan
    J.J Little   }
     Robert J. Kent }   Saint John's.          }
     ------------------- }   March 1?th 188?  }

 

 

I Peter Brennan of St. John's, Merchant having in the month of March 1880 made and executed the written as and for my last will and testament by this codicil hereby fully confirm and ratify the same save and excepting the following bequests therein contained (right margin; initials) C .B
that is to say First the bequest to my (right margin; initials) J.J.L.
nephew RichardThomas Brennan of Old Court (right margin; signature) P?? Brennan
near Pill Town, county Kilkenny Ireland of Five hundred pounds.
Second The bequest to the children of my late brother Richard Brennan of fifty pounds currency each Third The Bequest of fifty pounds towards repairing the Catholic Church at Carrick on Suir. Fourth the Bequest of fifty pounds Towards repairing the Catholic Church at Clonmel Tipperary Ireland.all of which ??? bequest ??? ??? ??? ???. will and bequeath fifty pounds sterling money to the daughters or daughter now Living of my said brother Richard Brennan.

          Dated at Saint Johns this 18th day           of May 1889.

Witness          }                    Peter his X mark Brennan

Catherine Brine }
   J?. J.Little       }
I Peter Brennan do further cancel and ??? that other portion of the said will ?? ?? ?? ?? nominate and appoint the Honorable James Fox as one of my Executors and in this ??? ??? I appoint ??? J J Little and R J Kent ??? ??? ?acking ??? ?? ??? ??? ??? Executors . St. Johns Mar/22.188?

his
Peter X Brennan
mark

(Running vertically in right margin)
Witness
?? Catherine Brine
       J.J. Little

 

 

1887

Sup : Cr
Probate Side
In the matter of the will of
Peter Brennan
Late of St. Johns Merchant
Deceased

---------------

Petition for probate
____

Fiat
J.J.Little
A. J.

Filed Ap. 30.th 1887

(Seal)
ROBERT J KENT Q.C.
BARRISTER,
SOLICITOR &C.
ST JOHN'S NEWFOUNDLAND

 

 

To The Honorable The Supreme Court or
any one of The Honorable the Judges thereof

The Petition of The Venerable Archdeacon William     Forristal and of Robert J. Kent both of St John's

Humbly Sheweth

That Peter Brennan formerly of St Johns aforesaid Merchant did there on or about the fifteenth day of this present month of April having first made and executed his last will and testament and two codicils there to as here to annexed. That the said will and codicils have each been duly proved in Common form. That with the exception of Mrs Devine wife of James Devine in the said will mentioned and therein described by the said Testator as his cousin he had not so far as your petitioners are aware any relatives resident in this Country at the time of his decease.   That the said James Devine is dead and the said Mrs Devine resides in Water Street in St John's aforesaid. That the said Testator died possessed of property situate within the jurisdiction of this Honorable Court of the probable value of about Forty four thousand ---------------
dollars     That no probate or administration to his Estate has been hitherto granted.    That in and by his said last will and testament and the ??? Codicil thereto he nominated and appointed your petitioners and the honorable the Justice Joseph J Little as Executors thereof. That the said ?? Justice Little has renounced his said executorship
Your petitioners therefore pray that probate of the

said

 

said will may be granted unto them and as in duty bound they will ever pray & & &
    Dated at St Johns this thirtieth day of April
  Anno Domini   1887.

W. Forristall
         Robert JKent

 

 

Supreme Court

In the matter of Will of       }          Probate Side
          Peter Brennan          }
formerly of St John's Merchant }
deceased                      } The Venerable Archdeacon William Forristal and Robert J. Kent both of StJohns the petitioners in the above written petition in this matter named severally make oath and        say that the several matters in the said petition   set forth are just correct and true
Sworn before me at StJohns    }
This   30th     day of April        }                    William Forristall
Anno Domini 1887. by the      }
said Venerable Archdeacon William }        Robert J,Kent
Forristal and Robert J. Kent              }
               Otto Emerson
                    Commr

 

 

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

               }
TO WIT  } Robert J Kent of Saint Johns in the
          Central District of the Island of Newfoundland
          One of Her Majestys Counsel.
          -
          maketh oath and saith that on the    18th        day of March
          A.D. one thousand eight hundred and eighty-----------
          at St. Johns

aforesaid                    he, this Deponent, was present and did see     Peter   Brennan                    late of St Johns aforesaid
Gentleman    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 Joseph J Little the other subscribing witness thereto.   That Deponent and said Joseph J Little        -----------------        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.

Robert J.Kent

SWORN BEFORE ME at St. John's, in }
  the Island aforesaid, this 28th               }
          day of    April                    }
  A. D. One Thousand Eight Hundred  }
  and Eighty seven                       }
             Otto Emerson
                     Commr

 

 

ST. JOHN'S }

SUPREME COURT OF NEWFOUNDLAND.

TO WIT       }

Catherine Brine
of St Johns      Spinster
maketh oath and saith that on the twenty second          day of May A.D. one thousand eight hundred and eighty three      at St. Johns                          she, this Deponent, was present and did see    Peter Brennan   ----------------    late of St Johns -----------
Merchant          the Testator named in the paper writing hereunto annexed (initials in left margin; O.E.) duly sign (by making her mark) publish and declare the said annexed paper writing as and for a Codicil tohis last Will and Testament, in the presence of this Deponent and of Joseph J. Little

the other subscribing witness    thereto.  That Deponent and said    Joseph J. Little (in left margin; OE. (underneath written; Com.) then signed their names to such WillCodicil as such witnesses, in the presence of the (in left margin; O.E. underneath written; Com.) said Testator and of each other -That previously to the said WillCodicil 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 Joseph J. Little

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.

Miss Catherine Brien

SWORN BEFORE ME at St.          }
  John's, aforesaid, this 28th             }
  day of    April             }
  A. D. One Thousand Eight             }
  Hundred and Eighty Eight.             }
          Otto Emerson
          Commissioner.

 

 

Supreme Court

In the matter of the            }
last Will and Testament     }
of Peter Brennan late      }
of Saint Johns Gentleman }
deceased _                          }

Joseph J Little of Saint Johns

     in the Central District of the Island of Newfound-
     land Assistant Judge of the Supreme Court maketh
     oath and saith that he freely and voluntarily
     renounces all right to act as Executor of the last
     Will and Testament of Peter Brennan late of Saint
     Johns aforesaid Gentleman deceased and that he
     has in no way intermeddled with the affairs of
     the said Estate _

    Sworn before me at
    St Johns aforesaid     }                    J. J. Little
    this 30th day of April
    AD 1887
          Otto Emerson
               Commr

 

 

Newfoundland }
???????????? }

AFFIDAVIT.

You shall swear that you be?? ??? to be the true Last Will and Testament of Peter Brennan late of Saint Johns in the Central District of the Island of Newfoundland Gentleman 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 Su-preme 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 Peter Brennan according to the best of your knowledge, judgment and belief, amount to the value of --------
Forty Five      thousand -------------- Dollars.

SO HELP YOU GOD..

William Forristal
Robert J. Kent

SWORN before me, at St. John's, }
     this       4     day of }
May .      A.D., 18 87  }
          Prescott Emerson
Commissioner of Affidavits, Supreme Court

 

 

(tri-fold page; centre panel)

1887
Estate of Peter Brennan
late of Saint Johns
in the Central------District
Gentleman----deceased
Dated May 4th   1887.

Probate granted to The Very Rev
William Forristal
and R.
J Kent ge??? of
The Executors     named in the Will.
------------------------------

Estate sworn under $ 45000 00/100

-------------------------------

 

 

Page Transcribed by Kathleen Noseworthy

Page Revised by Ivy F. Benoit (Thursday April 05, 2018)

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