Patrick Keating
         1887

Estate of Patrick Keating 1887
From LDS microfilm #2057238

Newfoundland }
IN THE SUPREME COURT. }

AFFIDAVIT.

You shall swear that you believe this to be the true Last Will and Testament of Patrick Keating late of Saint Johns in the Central District of Newfoundland Watchman 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 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 Patrick     Keating              ---------- Deceased, and of which         he         died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of four thousand five hundred --------------------------------------------------- Dollars.

SO HELP YOU GOD.

Sworn before me, at St. John's, }
    this 8^th day of                        }                  E P Mo?rris
  June         A. D. 1887 by         }

         Geo. I. Adams
Commissioner of Affidavits, Supreme Court.

(trifold page)

1887

Estate of Patrick Keating
late of St Johns
in the Central District
watchman   deceased

Dated June 10 : 1887

Probate granted to Edward P.
Morris ---------------------------
the Executor named in the Will.

Estate sworn under $ 4,500 . 00

Certificate

I hereby Certify that the within notice has been duly posted in my office from the day of the date thereof till this date and that no caveat or other objection has been entered thereto
     Dated at St Johns this ninth day of may AD 1887

Otto Emerson
A.C.^sc
==========

(written in upper left margin)
Caveat entered
May 11/87
OE
acsc.

Notice

Three days from the date of this notice application will be made to the Honorable the Supreme Court or to one of the Honorable the Supreme judges thereof for Probate of the last will and testament of Patrick Keating late of Saint Johns Watchman deceased to be granted to Edward P Morris of Saint Johns aforesaid Barrister at Law the executor named in the said will
     Dated at Saint Johns this 5^th day of May A.D. 1887
(initials interlined in lower left margin)
O.E.
ac^sc

To the Honorable the Supreme
Court or to one of the
Honorable the Judges thereof

The petition of E. P. Morris of Saint John's in the island of Newfound-land Barrister at Law

Humbly Sheweth as follows

That Patrick Keating of Saint Johns aforesaid Watchman died at the above place on the twenty fifth^sixth day of April now last past having first made his last will and testament which is hereto annexed proven upon the oath of your petitioner one of the Subscribing witnesses to the same

That under the said will your petitioner was appointed as the Executor

That at the time of his death de-ceased was possessed of property within the jurisdiction of this Honorable Court of the probable                  value

Page 2

value of four thousand^{four hundred} dollars

That Petitioner left him surviving a widow and four sons - one of whom is a minor

That niether probate to any will nor administration to the estate and effects of said deceased has as yet been granted to any person

Your petitioner therefore prays that probate of the said annexed last will and testament of the said Patrick Keating may be granted to him as the said Executor And as in duty bound he will ever pray
Dated atS^t Johns this 11^th day of May A D 1887

E .P. Morris

Supreme Court

Newfoundland }
     S^t Johns SS }

                  Edward . P. Morris of Saint Johns in the island of Newfoundland aforesaid Barrister-at-Law maketh oath and Saith that the several matters and things contained in the foregoing petition are correct and true to the best of this deponents knowledge and belief
Sworn before me at }
S^t John's aforesaid   }
this 11^th                   }                                    Edward P Morris
of May AD1887 }

                  ?. Emerson
                      Comm^r

This is the last will and testament of me Patrick Keating at present of saint Johns in the island of New foundland watchman First it is my will and desire of whatever monies I shall be possessed of at my death and now in the Savings Bank and Union Bank of this city shall go to my executor hereinafter mentioned to be de?oted by him as I shall direct in this my will Second I desire that my said executor shall alow the said monies to remain in the said banks unless he shall see a better way of investing them and draw the annual interest from the same and pay it over to my wife Johanna Keating for her support and that of my infant son Patrick Keating and in the event of this death of my said wife during the minority of my said son Patrick my said executor shall see that he shall be proper ly cared for and educated The said principal sum of monies in the said banks shall not be drawn by my executor during

Page 2

the life time of my said wife In the event of the marriage of my said wife she shall immediately cease to hav any interest in the said monies Upon the attain ment of my said son Patrick to (the "s" in "son" written over a crossed out letter; two sets of initials interlined in right margin, one above the other) E.P.M./ J.I. the age of twenty one years my said executor should my said wife Johanna then be dead shall pay over to him whatever monies he may then have on his hands belonging to me and in the event of my said son Patrick Keating dying before he arrives at the age of twenty one years my executor shall divide all the monies which he shall then hav in his possession amongst the Roman Catholic bishop and priests of the dioceas of saint Johns in such shares as he may think best and in the event of my said son Patrick predeceasing my said wife Johanna my executor shall divide the said monies amongst the said bishop and priests as aforesaid. I devise and be-queath to my said executor my interest in the dwelling house now reside in and all the

Page 3

furniture therein to be applied by him towards my said wife Johanna and my said son Patrick in exactly the same manner as the foregoing bequest of the monies in this my will subject in every way to the several conditions of that bequest   I appoint nominate and constitute Edward P Morris Barrister at Law my sole executor of this my will
     In witness whereof I hav here unto subscribed my name by affixing my mark at Saint Johns aforesaid this twenty fifth day of April Anno Domini one thousand eight hundred and eighty seven

Signed by the said testator      }
by affixing his mark as his      }
last will and testament in        }
the presence of us who in his }
presence at his request            }                  Patrick^hisX_markKeating
and in the presence of             }
each other hav hereunto         }
subscribed our names as         }
witnesses (the same having    }
been first read over and explaind }
to the said testator)                  }
John I??ais         Edward P Morris

ST JOHN'S }
TO WIT      }                           SUPREME COURT OF NEWFOUNDLAND.

E . P. Morris

of Saint Johns in the island of Newfoundland aforesaid Barrister at Law maketh oath and saith that on the twenty fifth day of April A. D. one thousand eight hundred and eighty seven at Saint Johns aforesaid he, this Deponent, was present and did see Patrick Keating                  late of Saint Johns          the Testator named in the paper writing hereunto annexed duly sign (by making his mark) publish and declare the said annexed paperwriting as and for     his     last Will and Testament, in the presence of this Deponent and of John Irwin of same place farmer

the other subscribing witness    thereto. That Deponent and said     John Irwin then signed their names to such Will as such witne-ses, 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 John Irwin 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, aforesaid, this 10^th      }
day of     May                          }                           E .P. Morris
A.D. One Thousand Eight      }
Hundred and Eighty seven      }
         Otto Emerson
         Commissioner.

(trifold page)

Petition for
Probate to this
last will and
testament of
Patrick Keating
late of Saint Johns
watchman deceased
to be granted to
E.P.Morris executor
named in said will

Filed May 11/87
--------------------

(written diagonally from lower left to upper right)
Probate granted
28 May 87

In the Supreme Court
Probate Side

In the matter of the Estate of Patrick Keating late of Saint Johns in the island of Newfoundland watchman deceased at the ?istan?? of E P Morris of the same place Bar-rister at Law claiming as the executor of said Patrick Keating It is ordered that Laurence Keating John Keating and James Keating sons of the said Patrick Keating do show cause if any they hav why Probate to the last will and testament of the said Patrick Keating should not be granted to the said executor by filing in the Registrars office and serving on F .J Morris??? solicitor for the said executor an answer containing the ground on which he resists such grant within six days after the service of this citation otherwise the claim of the said E . P.Morris as executor aforesaid will be taken to be admitted by them
By the court^{Dated at Saint Johns} this 17^th day of May A D 1887

J.J. Little
A.J.

F. J. Morris
         Proctor for Executor

(trifold page)

(on left panel)
G o ?          3.75
P .               1.50
C o ?           2.00
3 off               75
Cer.                50
                   ------
                   8. 50

(on the adjacent panel)
In the matter of the
Estate of the late
Patrick Keating
watchman de
ceased

Filed May 17/87

Citation
-----------

(writing is difficult to decipher)

In the Supreme Court
Probate side

In re Will of Patrick Keating

   The ?i??? of Thomas ??g??s of St Johns Newfoundland, Wire?? taken by circuit .

Examiners by W Morris for exector

   I am a professinal nurse and I have been such ?? for ?? years and a half I acted as a ?? ?ing the last sickness of Patrick Keating I was ?? i? as Patrick Keating ^-deceased about three o'clock on^the Sunday after-noon before he died . I don't know the day of the month he died. It was on the Sunday afternoon about 5 o'clock the ?? day after I went there. I re-collect the ??? ?? day before he died . I was attending on him and waiting on him all that day. I a? ?? (Mr. E . P. Morris) come there on that day . It was about eleven o'clock in the morning. I ?? left again about two o'clock in the afternoon of that day.

Page 2

You went into the room where Patrick Keating was . It was his bedroom . ?? e??? the bedroom about half the time ?? were in the house During the other half of the time ?? were out at the kitchen table writing - I don't remember seeing any other person in the Bedroom with ??? . I saw M^rs Keating wife of ??? Patrick Keating go into the bedroom after ?? had been a ??il? in - while ?? was writing in the kitchen I went to attend on Patrick Keating. He was in sound mind as far as I could s?? . His sickness was I think Bronchitis. His mind was not then wan??ing

Page 3

He was very sensible all that day but coming on night he began to get fidgety . You went into to settle his business.    I never saw his son until I saw two of th?? , the married one I saw at one o'clock the day he died - I saw the other ?? Monday morning the day before Patrick Keating- on Tuesday m?ing the single man went in ??? his father's bedroom and the married man went in about one o'clock the same day that was the day he died. His sons asked me how my father was when he died I told them he was in his perf?? ?? this was after his death.

(in left margin of the following paragraph:
"objecti?
   i??")
{ They asked me as to his con
{ dition when ?? was there I
{ told them he was in his perf?
{ ??

Page 4

I am going to England by the boat now in . I hav no interest in this will of Patrick Keating
(The letter X is written in the left margin) x-? by Sir W ? Whiti?? for
   ??? Jam?s and John Keating M^rs Keating ??? her husband
as we;; as ?? both of us were up Sunday night - He was ?? very ill that night . I know nothing about how he settled his affairs . He said nothing to ?? o? in my having abouit his affairs . He ?? spoke to me about anything except his health - He suffered no pain after I ?? ???
11 May/87
W. O.Wh??
          for ?? Keating & othrs

E. P. Morris for
          Executor & othrs

(trifold page)

Supreme Court
probate Side

In re Estate of the
late Patrick
Keating -

Evidence of
Theresa Rogers
taken by
Consent -----

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

Filed May 13/87