Joseph F W Desbarres
1887
(1 of 2)
To all to whom || these presents shall
|| come whereas by
his last Will and Testament bearing date the Twentieth day
of December one thousand eight hundred and eighty one
Joseph Frederick Wallet Des Barres late of Maryville Kilworth
County of Cork Ireland retired Commissary amongst other
things appointed his widow Charlotte Helena Anne Des Barres
Augustus Henry John Des Barres and Isabella Matilda
Gumbleton wife of Richard John Maxwell Gumbleton Executor
and Executrixes of said Will and whereas the said Joseph
Frederick Wallet Des Barres died on or about the Twentieth day
of February one thousand and eight hundred and eighty seven
without revoking or altering his said will and on the
day of May one thousand eight hundred
and eighty seven Probate thereof was granted forth of the
District Registry at Cork Probate Division of the High
Court of Justice in Ireland to the said Charlotte Helena
Anne Des Barres and Augustus Henry John Des Barres
Power being reserved by the said Court to make a like
grant to the said Isabella Matilda Gumbleton and ??
whereas the said JosephFrederick Wallet Des Barres
died possessed of property in Newfoundland and it
is now desirous to take out Administration to same
NOW therefore know ye that I the said Charlotte
Helena Anne Des Barres of Maryville Kilworth in
The County of Cork Ireland widow of the said
JosephFrederick Wallet Des Barres late of same
Page 2
place and one of the executrixes mentioned
in his said will and to whom Probate has been
granted as aforesaid have made ordained x xx
constituted and appointed and by these presents
do make ordain constitute and appoint the said
Augustus Henry John Des Barres the Executor named
and appointed in the said will and to whom Probate
has been also granted as aforesaid my true and lawful
Attorney to petition and apply to the SupremeCourt
of Newfoundland and to obtain from the said Court
Letters of Administration to the Estate of the said
Joseph Frederick Wallet Des Barres deceased in x
Newfoundland aforesaid and I do hereby give and
grant to my said Attorney full power and
authority to sell and dispose of and in every way
manage and distribute the estate of the said deceased
in Newfoundland as fully and effectually to
all intents and purposes whatsoever as if
I was present and look upon myself
the Administration and distribution
of the said Estate I hereby certifying
and confirming all and whatsoever my
said Attorney shall legally do or
cause to be done in the premises
by virtue of these presents with full
power to my said Attorney to appoint
a substitute for all or any of the purposes
Page 3
aforesaid and the same to revoke and
others to appoint witness my hand and
seal at Cork this thirteenth
day of October Anno Domini One thousand
Eight hundred and eighty seven --------------
--------------------------------------------------------
Signed Sealed and }
Delivered in presence of } C.H.A. Des Barre? (end of line covered with black circle)
Gerry ?haw }
SvtC?s }
A. H. L he???
T?m?th M??ll
C?? Solr
To all to whom these presents shall come I Thomas Escham of 10 South
__| mall Cork Ireland Notary Public duly authorised admitted and sworn
practising in the said City of Cork do hereby Certify that I was present on the
Thirteenth day of October Instant and did see Charlotte Helena Anne Des Barres the person named in the foregoing paper writing or Power of Attorney duly
sign seal and Execute the said Power of Attorney and that the name C H A Des Barres thereto subscribed is of the proper handwriting of the said Charlotte Helena Anne Des Barres and that the names 'Henry Escham' and
'A. H. Escham' thereto subscribed as the witnesses thereto are of the respective
proper handwriting of Henry Escham andAlfred Harmer Escham both of
the City of Cork aforesaid solicitors the subscribing witnesses thereto
I Certify that the said Henry Escham and Alfred Harmer Escham are
(seal starting in left margin and extending about 4 -5 spaces into body) above the age of Twenty one years
(stamp to immediate right of seal) In Testimony whereof I have hereunto dul? ?? my
name and affixed my Seal ???? ???
(at right of stamp; signature) Escham day of October one thousand and eight ??? ??
Eighty seven
(at right of stamp; signature) ????? Thos Escham
n???
(tri-fold page)
Power of Attorney
-------------------------
Mrs. Charlotte H.A. DesBarres
____ To ____
Colonel A. H. J. Des Barres
--------------------------------------------
--------------------------------------------
Dated
To the Honourable the Supreme Court
of Newfoundland or to one of the
Honourable the Judges thereof
The Petition of Augustus Henry John Desbarres of Tallow in the County of
Waterford at present of Saint Johns
Newfoundland Lieutenant Colonel late
of Royal Artillery
Humbly Sheweth
That Joseph Frederick Wallet Desbarres formerly of Newlands in the Island
of Guernsey and late of Maryville
Kilworth in the County of Cork Retired
Commissary died at Maryville aforesaid
on or about the twentieth day of
February last having previously
made and executed his last will
and testament of which Probate was
duly granted to Charlotte Helena Anne
Desbarres widow of said deceased
and to Petitioner two of the executors
named in said will
That Petitioner produces the said
Letters of Probate for the purposes of
this application
That annexed hereto is a Power
of Attorney from the said Widow
of deceased executrix as aforesaid
authorizing Petitioner to apply for
administration of the estate of said
deceased in Newfoundland
That
Page 2
That said deceased at the time
of his death was possessed of pro_perty within the jurisdiction of
this Honourable Court of the probable
value of thirty two thousand dollars
Petitioner therefore prays that
Probate of the will of said deceased
may be granted to him or that
Letters of Administration of the
estate and effects of said deceased
with the said will annexed may
be granted to him and that such
further order may be made in
the premises as to justice shall
appertain
And Petitioner as in duty bound
will ever pray etc.
Dated at Saint Johns this 11th day of November A. D. 1887
A. H. J. Des Barres
Leiut Colonel.
Supreme Court
Augustus JH Desbarre, at
Newfoundland } present of Saint Johns
St. Johns to wit } The petitioner named
in the within petition
Maketh oath and saith that the
Several matters and things therein
Contained are correct and true
Sworn before me } A.H.J. Des Barres .
at Saint Johns } Leiut Colonel
this 11th day of }
November A.D. 1887 }
Geo. I. Adams
Commr f.c.
-----------------
(tri-fold page)
(first panel)
The Executor is to be
allowed to retain possession
of the original Letters of
Probate produced upon
this application upon
condition that he file in
Court without delay a?
Exeimplified Copy of such
probate, and ??? in
Nov 16 1887
the ascert??? there he
dep??t?t in the office of
the Chief Clerk ???
Copy of the application
??? in the Chief Clerks
Office . F.B.T. Carter
???
(second panel)
Supreme Court
In the matter of
the estate and will
of Joseph F. W. Desbarres
late of Maryville
in the County of
Cork Ireland
Retired Commissary
Petition for Administration
Fiat Probate ???
right of others ??? to apply
?? ?? ? ???
F.BT. Carter
C.J .
Morison
Notice
After three days application will be made
to the Honourable the Supreme Court or to
one of the Honourable the Judges thereof for
(initials in left margin) D.M. Letters of Administrationwith the will annexed of the Estate and
Effects of Joseph Frederick Wallet Desbarres late of Maryville Kilworth County of Cork
Ireland retired Commissary to be granted to Augustus Henry John Desbarres at present of
Saint Johns one of the Executors of Said will
St Johns November 7, 1887
D Morison
Proctor f. Applicant
(initials in left margin) G.I.a.
I certify that the notice on the otherside
hereof written was posted in my office
on the day of the date thereofand has remained there until this day and
that no caveat or other objection has
been Entered thereto
St Johns November 11, 1887
Geo . I. Adams
A.f.s.c.
-------------
I Joseph Frederick Wallet Des Barres a Retired Commissary
of her Majesty's late Commissariat and Transport----------------------------------
Department and now residing at Newland in the
Island of Guernsey hereby revoke all wills and---------------------------------------------
Codicils by me hitherto made and declare this to be
my last will and testament. I appoint my wife Charlotte Helena Ann Des Barres my Brother James Stuart Des Barres a Major in Her Majesty's second
last India Regiment and my friend George Edward Leggett late a Major in Her Majesty's seventy seventh
Regiment and at present Governor of Her Majesty's
Prison Kirkdale in the County of Lancashire England
to be Trustees and Executors of this my will and I
give and bequeath to my wife Charlotte Helena Ann Des Barres , all my household furniture, plate, linen,
china and effects of every description for her own use
during her life time, and after her decease to be equally
divided share and share alike amongst my children Josephine Isabella Louisa Des Barres, Augustus Justly Eyre Des Barres, Charlotte Emily Matilda Des Barres Frederick Stuart Des Barres and Susanne Mary
Grace Ussher Des Barres and I confirm the contract
dated the Fourteenth day of August one thousand
eight hundred and sixty seven made in contempla__tion of my marriage with my said wife Charlotte Helena Ann Des Barres and in discharge of the
obligation in the said contract contained on my
part. I bequeath to my said wife Charlotte Helena Ann Des Barres incase she shall survive me yearly
and each year during all the days of her life
after my decease a free life re?t annuity of
Two hundred and ??enty pounds sterling
money of Great Britain exempt from all burdens
and deductions whatsoever and that at two
Page 2
terms or times in the year ??t on the first day
of May and the first day of November yearly by
equal portions beginning the first payment thereby
at the first term in May or November after my
decease and so forth half yearly and termly
thereafter during the lifetime of my said wife Charlotte Helena Ann Des Barres and the due and legal
terms of payment of the same, which annuity of
Two hundred and twenty pounds I hereby
charge my estate real and personal in--------------------------------------
Newfoundland and elsewhere and subject
thereto I direct appoint devise and bequeath all
my real estate and all my personal estate where -
soever situate to which I shall be Entitled at my
decease to my children Josephine Isabella Louisa Des Barres, Augustus Justly Eyre Des Barres, Charlotte
Emily Matilda Des Barres, Frederick Stuart DesBarres and Susanne Mary Grace Ussher Des Barres __ absolutely in equal shares as tenants in Common
And I hereby exonerate every trustee under this my
will , from losses occurring without his wilful default
and authorise him to retain and allow to his co -
trustees or co - trustee all expenses incidental to the
Trusteeship under this my will. In witness whereof I
have to this my last will and testament set my
hand this Twenty eth day of December one thousand
Eight and Eighty one. J. F. W. Des Barres Refd.
Cy. Signed and declared by the said Testator Joseph Frederick Wallett Des Barres as and for his
last will and Testament in the joint presence of us
who in his presence at his request and in the
presence of each other have hereunto subscribed
our names as witnesses E. L. Ward Retd Comsey
Page 3
Pierre Persia House Guernsey _ C.D G?stling Capt.
H. P. Madr?? SC. Montpelie Guernsey ------------------------------------------
Codicil to my will dated the 20th December 1881 my
daughter Gabriel Sophia Fanny Wallett Des Barres having been born since the execution of my will
of the above date, I hereby give and bequeath to my
said daughter Gabriel Sophia Fanny Wallett Des
Barres an equal sharing of all that I possess
with her sisters and brothers and I hereby cancel
the appointment of my friend Major George Edward Leggett and my brother Major James Stuart Des Barres as Trustees and Executors of my will and
I appoint my brother Lieut. Colonel Augustus
Henry John Des Barres late Royal Artillery , and
my sister Isabella Matilda Gumbleton the wife of John Richard Maxwell Gumbleton Executor and
Executrix in their places In witness whereof I have
set my hand this seventeenth day of November one
thousand eight hundred and eighty five (1885/ J.F. Des Barres _ Signed and declared in the joint presence of us whom in his presence and in the presence of each
other have hereunto subscribed our names as---------------------------------
witnesses .Maria Fagan Nora Crowley
I hereby certify that the foregoing is
A correct copy of ?????mplified copy of his Last Will and
Testament and Codicil thereto of the Joseph Frederick Wallett Des Barres late
Of Maryville Kilworth in the County of
Cork Retired Commif?ry deceased
November 17th . 1887
Geo I Adams
A.f.s.c.
(trifold page)
Copy of will of
Joseph F W Des Barres
-----------------
Joseph F.W Des Barres
1887
2 of 2
(upper left corner and mid left edge torn off)
AFFIDAVIT.
You shall swear that you believe this to be the true Last Will and Testament of Joseph Frederick Wallett Des Barres late of Maryville Kilworth in the County of Cork Retired Commissary 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, Chattles, Assets, Credits, and Effects of the said Joseph Wallet Des Barres Deceased, and of which he died possessed, do not,
according to the best of your knowledge, judgment and belief, amount to the value of
Thirty three thousand----------------------------------------------------- Dollars.
HELP YOU GOD.
SWORN before me, at St. John's, } A H J Des Barres
this 11th day of } LieutColonel .
November A. D., 1887 }
Geo. I. Adams
Commissioner of Affidavits, Supreme Court.
(trifold page)
1887
Estate of Joseph F W . Des Barre?
late of Maryville Cork
??tter Ireland District
Retired Commissary deceased
Dated
?7th November 1887
--------------------------------------
Probate granted to Augustus Henry
John Des Barres one of
The Executor's named in the Will. The
Rights of the other Executors being
Reserved
Estate sworn under, $33,000
Certified copy within
(in left margin one above the other, two seals/stamps shaped as an almost circle shape with the top cut off and showing the following)
IRELAND
(a picture of a crown)
24
SIX
PENCE
87
(The above three lines surrounded by the crown at top and a floral design)
(To the immediate right of the seals/stamps) Extracted from the High Court of Justice
Probate and Matrimonial Division
(Ireland). The District Registry at Cork _
-------------------------------------------------
I Joseph Frederick Wallett Des Barres,
a Retired Commissary of Her Majesty's Late
Commissariat & Transport Department, and
now residing at Newlands in the island of
Guernsey, hereby revoke all wills and Codicils
by me hitherto made, and declare this to be
my last Will and Testament. I appoint my
wife Charlotte Helena Ann Des Barres, my
brother James Stuart Des Barres, a Major in Her Majesty's second west India Regiment
and my friends George Edward Leggett, late a
Major in Her Majesty's seventy seventh Regiment
and at present Governor of Her Majesty's Prison
Kirkdale in the County of Lancashire England
to be Trustees and Executors of this my Will.
And I give and bequeath to my wife Charlotte Helena Ann Des Barres all my household furniture
plate linen, china and effects of every description
for her own use during her life time and after
her decease to be equally divided share and share
alike amongst my children Josephine Isabella
Louisa Des Barres, Augustus Justly Eyre Des
Barres, Charlotte Emily Matilda Des Barres ,
Frederick Stuart Des Barres and Susanne Mary
Grace Ussher Des Barres. And I confirm the
contract dated the fourteenth day of August,
one thousand eight hundred and sixty seven
made in contemplation of my marriage with
my said wife Charlotte Helena Ann Des Barres,
and in discharge of the obligation in the said
-----
1
Page 2
contract contained on my part I bequeath
to my said wife Charlotte Helena Ann Des Barres in case she shall survive me,
yearly and each year during all the days of
her life after my decease, a free life rent
annuity of Two hundred and twenty pounds
sterling money of Great Britain, exempt
from all burdens and deductions whatsoever
and that at two terms or times in the
year, videlic? to the first day of May, and
the first day of November yearly by equal
portions, beginning the first payment thereof
at the first term in May or November after
my decease and soforth half yearly, and
termly thereafter during the life time of
my said wife Charlotte Helena Ann Des Barres and the due and legal interest of the said
annuity from the respective terms of payment
of the same, which annuity of Two hundred
and twenty pounds I hereby charge my Estates
real and personal in Newfoundland and
elsewhere, and subject thereto I direct, appoint,
devise and bequeath all my real estate and
all my personal estate wheresoever situate
to which I shall be entitled at my decease
unto my children Josephine Isabella Louisa
Des Barres, Augustus Justly Eyre DesBarres,
Charlotte Emily Matilda Des Barres, Frederick
Stuart Des Barres and Susanne Mary
Grace Ussher Des Barres absolutely in equal
-----
2
Page 3
shares as tenants in common. And I
hereby exonerate every trustee under this
my will from losses occurring without his
wilful default and authorize him to
retain and allow to his co-trustees or co
trustee all expenses incidental to the
trusteeship under this my will. In
witness whereof I have to this my last
will and Testament set my hand this
twentyith day of December one thousand
eight hundred and eighty one. ------------------------------
---------- J. F. W Des Barres, Retd Cy------------------------
Signed and declared by the said testator Joseph Frederick Wallett Des Barres as and
for his last will and testament in the
joint presence of us, who in his presence
at his request and in the presence of each
other have hereunto subscribed our names
as witnesses-----------E W. Ward Retd Commry
Pierre Percie House, Guernsey--------------------------------------
___C D Gosling Capt H.P. Kadras S. C.
Montpelier, Guernsey--------------------------
__Codicil to my will dated the 20th December
1881, My daughter Gabriel Sophia Fanny
Wallett Des Barres having been born since
the execution of my will of the above date
I hereby give and bequeath to my said daughter Gabriel Sophia Fanny Wallett Des Barres an equal share of all that I possess with
her sisters and brothers, and I hereby
Page 4
cancel the appointment of my friend Major George Edward Leggett and my brother Major James Stuart Des Barres as Trustees
and Executors of my will, and I appoint
my brother Lieut. Colonel Augustus Henry John Des Barres late Royal Artillery, and
my sister Isabella Matilda Gumbleton the wife of John Richard Maxwell Gumbleton Executor and Executrix in their places. In
Witness whereof I have set my hand this
Seventeenth day of November One thousand
Eight hundred and eighty five (1885)--------------
_________J. F. Des Barres-----------------------------
Signed and declared in the joint presence
of us, who in his presence and in the
presence of each other have hereunto subscribed
our names as witnesses___Maria Fagan___
_____Nora Crowley---------------------------
_____In the High Court of Justice ____
Probate and Matrimonial Division (Ireland) _
______The District Registry at Cork _____
------------------------------------------------------------------------------------------------------
(in left margin: The Affidavit) Be it Known, That on the 19th day of
(in left margin: bears a stamp.) May 1884, the last will and Testament
(in left margin: of £90.) and one Codicil hereunto annexed, of
(in left margin: ------------------) Joseph Frederick Wallett Des Barres formerly
of Newlands in the island of Guernsey
and late of Maryville, Kilworth in the
County of Cork, Commissary of ? H
Transport Department awa??, who
(left margin transcription: writing is written vertically in two sections with a horizontal section in the middle)
(Upper section of left margin, written vertically)
Ireland Revenue office
The true value of the estate is
now shewn to be £3512. 1. 7
gross and further affidavit
has been delivered.
By the Commissioners
J P O Gill, Probate Duty Clerk
?th October 1884 __
(Middle section of left margin, written horizontally framed by lines on 4 sides)
Court Fees
£ 11. 13. 0.
(lower section of left margin; written vertically)
I certify that the affidavit for the Commissioners
of Ireland Revenue has been delivered duly
stamped and that the amount of the gross
value of the Estate and Effects as shewn by the
Account is three thousand five hundred and
ten pounds five shillings and five pence ?
Henry Richardson D P
(Running the full length of page vertically at the right edge of the left margin left-facing instead of right-facing like the sections above, framed by lines on 4 sides)
Extracted by the Executors in person
(Body of page, written horizontally as per normal)
died on or about the 20th day of February
1884 at Maryville aforesaid and who, at
the time of his death had a fixed place
of abode, at same place within the
District of Cork, was proved and registered
in the District Registry of the said
Division at Cork, and that the adminis-tration of all and singular the personal
Estate and Effects of the said deceased was
granted by the aforesaid Court , to Charlotte Helena Ann Des Barres .also of same place
Widow, and Augustus Henry John Des Barres of Yallow in the County of Waterford
Lieut Colonel, two of the Executors named
in the said will and Codicil they having
been first sworn well and faithfully to
administer the same by paying the just
debts of the deceased and the Legacies
contained in his will and Codicil and to
exhibit a true and perfect Inventory of
all and singular the said Estate and
Effects, and to tender a just and true
account thereof whenever required by Law
so to do. Power being reserved of making a
like Grant to Isabella Matilda Gumbleton (wife of John Richard Maxwell Gumbleton-
the remaining ??? when she shall
apply for the ???
??ry Richardson ??
??? ??gu??
??
seventy six ??
(horizontal rectangular stamp with thick border with the following inside)
?? ??
______
12 ??? ??
C O R K.
(4 lines of writing 10 spaces to the right of the stamp with each extending into the right margin followed by a signature and presumably a title line, all undecipherable, also extending into the right margin.)
(trifold page)
High Court of Justice.
Probate Division. (Ireland).
District Registry. Cork
--------------
Joseph F. W.Des Barres
_______deceased.______
------------
_______ Certified ______
Copy Will and Codicil
_________and_________
Grant of Probate
----------------
12 folios - ?/?
Certificate - 2/6
_________________
8/6
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