Elizabeth Doyle

          1888

S.C. Probate

In the matter of this Estate
of Elizabeth Doyle -

On hearing Mrs. Green, counsel for Exr? and on examination of the proof contained in the affidavit and newspapers annexed to the Petition of the Executor filed on the 5^th of March last for directions as to the bequest to Patrick Doyle - the Judges under the Exr? fully justified in paying over the amount thereof to the R.C. Bishop to be applied as directed by said bequest
Apr/88

To the Honourable the Supreme Court

The Petition

of Patrick J. Delaney of Saint John's in the Island of Newfoundland Roman Catholic Clergyman

Humbly Sheweth

1. That Elizabeth Doyle late of Saint John's Widow died at that place on the 19^th day of February AD 1886 having first made and executed her last Will and Testament copy of which is hereto annexed

2. That under the said Will your Petitioner was appointed Executor

3. That the said Will has been duly proven in common force and Probate has been granted to and your petitioner has acted under the said Will.

4. That after payment of the debts and legacies and expenses to date there will be a sum of about Seven hundred dollars remaining in the hands of your Petitioner

5. That Petitioner has caused inquiries to be made as to the whereabouts of Patrick Doyle a son of the Testatrix and who is under the Will entitled to
   
   
   
   a legacy and has caused advertisements to be inserted in the Boston "Pilot" for that purpose but up to the present has received no information; and Petitioner has caused to be inserted in the Boston "Pilot" and in the "Royal Gazette" and "Evening Telegram" the Statutory Notice required by Law

6. That the residue of the Estate is bequeathed as follows:- "The residue of my property I give devise and bequeath to my said Executor to be distributed by him according to his own prudence and discretion"

That Catherine Doyle daughter of the said Elizabeth Doyle claims through her Solicitor Mrs Stanley B. Carter to be entitled as next of Kin to one half of residue and to the whole residue in the event of her brother Patrick not turning up within two years or on proof of death without issue or that the Executor should distribute in accordance with the statutes of distribution in cases of intestacy

That as deponent is informed testatrix left her surviving three children the said Catherine Doyle, Patrick Doyle and Thomas Kent Doyle but whether the said Patrick and

Kent Doyle are still alive or dead leaving issue deponent is not aware

Petitioner therefore humbly prays your honourable Court for direction as to the distribution of the residue of the said Estate
And as in duty bound will ever pray
Dated at Saint John's aforesaid this 5^th day of February AD 1887

Patrick J. Delaney

Supreme Court

Newfoundland  }
St. Johns S S     }

Patrick Delaney of Saint John's in the Island of Newfoundland Roman Catholic Clergyman maketh oath and saith that he is the Petitioner named in the foregoing Petition and that the contents thereof are correct and true

Sworn before me at
Saint John's aforesaid                              Patrick J. Delaney
this 5^th day of February
Anno Domini 1887

Geo. I. Adams
Commissioner

1884

Supreme Court

In the matter of
the Estate of the
late Elizabeth
Doyle

Petition of the Revd
Patrick J. Delaney
Executor for instructions
upon the Will of the
late Elizabeth Doyle

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

The Petition

of the Reverend Patrick J Delaney of Saint Johns Roman Catholic Priest

Humbly Sheweth

That Elizabeth Doyle late of St. Johns aforesaid died at that place on the Nineteenth day of February A.D. 1886 having first made and executed the paper writing hereto annexed as and for her last will and testament

That testatrix at the time of her death was possessed of property of the probable value of Thirty four Hundred and fifty dollars

That your Petitioner was appointed Executor under the said will

That testatrix at the time of her death left her surviving two children

That the said will has been duly proven

That no probate or administration has yet been granted to the said Estate

Petitioner therefore prays that your Lordships will be pleased to grant him Probate to the said Will.

And as in duty bound will ever pray

Dated at St. Johns in the Island of Newfoundland this Second day of March A.D. 1886.

P. J. Delaney

Supreme Court

Newfoundland   }
St. John's SS      }

Patrick Delaney of St. Johns Roman Catholic Priest the Petitioner named in the foregoing Petition maketh oath and saith that the contents thereof are correct and true.

Sworn before me at
St. Johns aforesaid                              P.J. Delaney
this 2^nd day of March
A.D. 1886

Otto Emerson
Comm^r

1885

Estate of Elizabeth
Doyle

Fiat
R.J. Pinsent
A. J.

In the matter of the                    I Catherine Doyle
Estate of Mrs Elizabeth           of Ballyanne? in the
Doyle late of Saint Johns          County of Wexford
Newfoundland Widow              Ireland Spinster make
deceased                                    Oath and say as follows

1.      I say I am the lawful daughter of Mrs. Elizabeth Doyle the deceased who died at Saint John's aforesaid on the nineteenth of February one thousand eight hundred and eighty six whose Executor is the Reverend Patrick I. Delaney of Saint Johns aforesaid.
2.      I say the said Elizabeth Doyle had three children namely two sons Patrick Doyle and Thomas Kent Doyle and myself. The said Patrick Doyle when I last heard of him was at Saint Johns aforesaid about thirty years ago he was then a Sailor in the Merchant Service and was at the time about seventeen years of age I believe he is dead many years and such is the reputation amongst our relatives I never heard he was married and I do not believe he ever was. The said Thomas Kent Doyle was also in the Seafaring line, he was older than his brother the said Patrick Doyle, it is thirty eight years since I saw him in Saint Johns and I have not seen him since, about eleven years ago I heard from my Uncle the late Reverend David Kent that he had a letter from him and he told me a short time after that he was informed that the said Thomas Kent Doyle had died and which I believe to be the fact, and such is the belief and repute amongst our relatives. He had been married but left no children:-
3.      And I say I am now the sole next of Kin of the said Elizabeth Doyle living at the time of her death-

                                                  Sworn before me this 28^th
                                                  day of December 1887 at my
                  her                           Office in the City of
Catherine X Doyle                 Waterford Notary Public
                 mark                         duly licensed acting in and for
                                                  said City, the same being first
                                                  truly read and explained by me to
                                                  the Deponent She being blind
                                                  and unable to read-

Isaac Thornton
Not'y Public
28/12/87 Waterford

(Official Seal of office in the left margin, below the signature of Catherine Doyle)

To the Honorable the Supreme Court

The Petition of Patrick J Delaney of Saint Johns in the Island of Newfoundland Roman Catholic Clergyman

Humbly Sheweth

That Elizabeth Doyle late of Saint Johns Widow died at that place on the 19^th day of February A.D. 1886 having first made and executed her last Will and Testament Copy of which is hereto annexed.
That under said Will Petitioner was appointed Executor
That the said Will has been duly proven and Probate has been granted to and your Petitioner has acted under said will.
That after providing for certain Legacies the residue of the Estate is bequeath as follows
"The residue of my property I give devise and bequeath to my said Executor to be distributed by him according to his own ??? cc and discretion"
That petitioner disclaiming all personal interest in the residue of the said Estate and acting under the directions of your honorable Court has paid Catherine Doyle a daughter of the Testatrix her share or one third of the residue of said Estate
That the said Will for the bequeath or legacy of One hundred and fifty pounds (equal to Six hundred dollars) to testatrix's Son Patrick Doyle and timed?? that if he should not be found or "turn up" within two years from testatrix's death the said legacy should go to the Roman Catholic ??? of St. Johns to be distributed by him amongst the Charitable institutions Roman Catholic of his Diocese
That Petitioner had made and has caused to be made enquiries as? whether the said Patrick Doyle is alive or not or if dead whether he has left him surviving any issue and has caused advertisements to be inserted in the Boston "Pilot" United States of America for that purpose and has caused the usual Statutory notice to Creditors to be inserted in the Royal Gazette and in the Boston "Pilot" Evening Telegram newspaper of this town and has also by letters to Ireland endeavored to find and or discover any clue to the said Patrick Doyle but without effect, and deponent believes that from replies to his letters and other information that the said Patrick Doyle is dead leaving no wife or children.
That no information has been heard of or from Thomas Kent Doyle another son of the Testatrix and deponent also believes that he has died leaving no legal representatives -----
That the only surviving children of the said Elizabeth Doyle was Catherine Doyle, Patrick and Thomas Kent Doyle ---
That petitioner has had considerable trouble in distributing said Estate in correspondence and searches for the Legatees and next of kin and generally in the management of the Estate.
That the papers containing the advertisements are hereto annexed
Petitioner respectfully requests the directions of the Court as to the payment of the said Legacy to the Roman Catholic Bishop of Saint Johns and whether he should pay ??? the one third share of the residue of the said Patrick Doyle to and the one third share of residue of the said Thomas Kent Doyle to Catherine Doyle the only surviving next of kin of the said Elizabeth Doyle as petitioner truly believes
And also as to what compensation petitioner is fairly entitled to as Executor aforesaid.
And as in duty bound petitioner will ever pray
Dated at St. Johns Newfoundland this ?^th day of March AD 1888

P.J. Delaney

Supreme Court

Newfoundland
St. Johns SS
Patrick Delaney the within petitioner maketh oath and saith that the Contents thereof are correct and true to the best of deponent's knowledge and belief

Sworn before me at
St. Johns Newfoundland                    P.J. Delaney
this 5^th day of March
AD 1888

Geo.  I. Adams
Comm'r/C

To the Honorable the Supreme Court

The petition of Patrick J. Delaney of Saint Johns in the Island of Newfoundland Roman Catholic Clergyman

Humbly Sheweth

That Elizabeth Doyle late of Saint Johns widow died at that place on the 19^th day of February AD 1886 having first made and executed her last Will and Testament Copy of which is hereto annexed.
That under said Will petitioner was appointed Executor
That the said Will has been duly proven and Probate has been granted to and your petitioner has acted under said will
That after providing for certain Legacies the residue of the Estate is bequeath as follows "The residue of my property I give devise and bequeath to my said Executor to be distributed by him according to his own prudence and discretion
That petitioner disclaiming all personal interest in the residue of the said Estate and acting under the directions of your Honorable

In the name of God-Amen-
I Elizabeth Doyle of Saint Johns Widow do make and publish 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 give devise and bequeath to my son Patrick Doyle the sum of one hundred and fifty pounds currency -
Thirdly to my daughter Catherine Doyle I give and bequeath the sum of one hundred and fifty pounds currency and in case neither of the above mentioned children do turn up or can be found within two years from my death the bequest allotted to them by me shall be handed over the Roman Catholic Bishop of Saint John's to be distributed by him amongst the charitable institutions / Roman Catholic of his Diocese -
Fourth I give devise and bequeath to Ellen Morris the good woman who has charge of me and who kindly attends to all my wants the sum of one hundred pounds currency for her sole use and absolute benefit.
Fifth to my executor hereinafter named I give and bequeath the sum of fifty pounds currency in trust to pay the same for the use and benefit of the order of the Convent of Mercy St John's Military Road
Sixth to my said Executor I give and bequeath the sum of fifty pounds currency in trust to pay the same for the use and benefit of the Roman Catholic Orphanage at Belvedere near St. John's the residue of my property I give devise and bequeath to my said executor to be distributed by him according to his own prudence and discretion.
Lastly I do hereby nominate and appoint the Rev. Patrick Delaney of Saint John's Executor to this my last Will and do hereby revoke and annul all former and other wills by me made -

Signed by the said Elizabeth Doyle in our presence as and for her last Will and Testament who in her presence and at her request and in presence of each other have hereto set our hands as witnesses at St. Johns aforesaid this 28^th day of November AD 1885 ---

             his
William X Crotty                         P.J. Delaney
            mark

_________ 1888_________

In the matter of the
Estate of Elizabeth
Doyle deceased
------------

Petition of Executor for
Instructions -

(Written in the margin of this page)
Let the accounts
be filed in the
Registor's office ???
to the daughter ???
Solicitor
F.B.T. Carter
C.J.

March 8/88

Elizabeth Doyle
          1888

Supreme Court of Newfoundland

ST. JOHN'S } I do swear that I believe that Elizabeth Doyle late
To Wit          } of St. John's aforesaid, Widow____________

deceased, died with a Will; and that I will well and truly administer all and every the Goods of the said deceased ^{"which are administered"} and pay her debts, so far as her 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 from 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 which she died possessed of, within the jurisdiction of this Court, do not, according to the best of my knowledge, judgment and belief amount to the value of nine hundred and fifty dollars.

Sworn before me, at St. John's the 4^th day of
June in the year of Our Lord One Thousand     Illegible signature
Eight Hundred and Eighty Eight

Geo I. Adams
Commissioner of Affidavits

1888

Estate of Elizabeth Doyle

late of St. John's

In the Central District

Widow deceased

Dated 4 June 1888

Admin CTA d.b.n .granted to Daniel

Joseph Greene
St. Johns Q.C.

Sureties
Danl. J. Greene on his own
recognizance

Estate sworn under

$950.00

I certify that the notice on the other side written was on the day of the date hereof posted in my office and remained there until this date and that no Caveat or other objection has been filed against it.
May 30^th 1888

Geo. I. Adams
A.F.S.C.

Notice

Three days after date hereof application will be made to the Honorable the Supreme Court or one of the Honorable Judges hereof for administration de bonis non to the Estate of the late Elizabeth Doyle late of Saint Johns Nfld Widow deceased to be granted to the Undersigned attorney nominated by the next of Kin.
St. Johns May 23^rd 1888
D. J. Greene
Attorney for next of Kin

(Initials in margin:) Gja?

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

The Petition of Daniel Joseph Greene of Saint Johns Barrister at Law

Humbly Sheweth

That Elizabeth Doyle late of Saint Johns Widow died on the nineteenth day of February One thousand eight hundred and eighty six having made and executed her last Will and probate thereof was granted to the Rev Patrick Delaney a Catholic Clergyman.
That the said Patrick Delaney died on the tenth day of April last intestate and without having fully administered the Estate and effects of the said Elizabeth Doyle
That there is at present the sum of about Nine hundred dollars in the Savings Bank of Newfoundland belonging to the Estate of the said Elizabeth Doyle
That Catherine Doyle of Wexford Ireland daughter of the said Elizabeth Doyle or as deponent verily believes, the sole surviving next of Kin of the said Elizabeth Doyle and entitled as such to the residue of her Estate
That deponent under the Power of Attorney hereto annexed has been appointed and authorized to apply for and obtain Letters of Administration de bona non to the Estate of the said Elizabeth Doyle
Petitioner therefore prays that Administration de bonis non to the Estate of the said Elizabeth Doyle may be granted to him
And as in duty bound Petitioner will ever pray
Dated at St. Johns Newfoundland this 30^th day of May A.D. 1888

D.J. Greene

Supreme Court

Newfoundland
St. Johns S.S.     Daniel Joseph Greene of Saint Johns the above mentioned petitioner maketh oath and saith that the Contents of said Petition are correct and true

Sworn before me at
Saint Johns Newfoundland
this 30^th? day of May A.D.
1888
Geo. I. Adams
Commissioner of Affidavits

Whereas the Elizabeth Doyle late of Saint Johns Newfoundland widow died on the nineteenth day of February one thousand eight hundred and eighty six having first made her will by which she bequeathed certain Legacies and Bequests as therein and she appointed The Reverend Patrick J. Dalaney her executor who duly proved said will and obtained Probate thereto on the fifth of March one thousand eight hundred and eighty six And whereas in consequence of the nonhappening of certain events in said Will mentioned or otherwise by which I as the lawful daughter and sole next of kin of the said deceased has become entitled to the residue of the Estate of the said Elizabeth Doyle And whereas the said Reverend Patrick J. Delaney died on the tenth day of April one thousand eight hundred and eighty eight intestate and the Residue of the said Estate of said Elizabeth Doyle is now standing in his name as her Executor and it becomes necessary in order to represent said Residue that Administration de bonis non to said Elizabeth Doyle be granted and I have decided on deputing Daniel J. Greene of Saint Johns Newfoundland to apply for and obtain said Administration Now know all men by these presents that I Catherine Doyle of Ballyame in the County Wexford Ireland spinster the lawful daughter and only next of kin of said Elizabeth Doyle the deceased do make constitute and appoint Daniel J. Greene of Saint Johns Newfoundland Barrister at Law my true and lawful Attorney for me and in his or my name to apply for and obtain from the Probate Court or Division of the High Court of Justice in Newfoundland aforesaid Administration De Bonis Non of the Estate of said Elizabeth Doyle
and for his so doing this shall be his sufficient authority In Witness whereof I have hereunto put my name and affixed my seal this third day of May one thousand eight hundred and eighty eight ------

Signed sealed and delivered                            her
by said Catherine Doyle               Catherine X Doyle
in our presence the same                                mark
having been first truly
read for her before she put
her mark thereto she
being blind and unable
to write her name

P? Wall
D??? Clerk? Waterford
Lillian ? Gilbert?
Law Clerk Waterford

To all to whom these presents shall come

I Isaac Thornton notary public duly authorized admitted and sworn residing in the County of Waterford and practicing in the County of the City of Waterford in the United Kingdom of Great Britain and Ireland do hereby certify that I was present on the third day of May instant and did see Catherine Doyle the person named in the paper writing or Power of Attorney hereunto annexed duly sign seal and execute the said Power of Attorney by affixing her mark thereto she being blind and unable to write and that I read over and explained the same to her before the execution thereof And that the name "Catherine Doyle" thereto subscribed is the mark and proper name of the said Catherine Doyle and that the names "P. J. Wall" and "William C. Gilbert" thereto subscribed as the witnesses thereto are of the respective proper handwriting of "Patrick J. Wall" of Great Georges Street in the County of the City of Waterford Law Clerk and "William C. Gilbert" of No 44 Manor Street in the County of the City of Waterford aforesaid Law Clerk
In faith and testimony whereof I the said Notary have hereunto subscribed my name and set and affixed my seal of office at Waterford aforesaid this third day of May in the year of Our Lord one thousand eight hundred and eighty eight.

Isaac Thornton
Not. Publ.
Waterford
3/5/88

(Seal of Office set in the left margin of page)

1888

In the matter of the
Estate of the late
Elizabeth Doyle

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

Petition of Daniel Joseph
Greene for Administration
de bonis non

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

Order for administration
on Petitioner's Recognizance

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

Be it Remembered That on this Fourth day of June

     in the 51^stYear 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 Eighty-eight personally appeared Daniel Joseph Greene of St. John's in the Central District of Newfoundland, one of Her Majesty's Counsel and did acknowledge himself to be held and firmly bound to our said Lady the Queen, Her Heirs and Successors, in the penal Sum of One Thousand nine hundred dollars to be had, made and levied on his Goods, Chattels 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 David Joseph Greene as Administrator de bonis non of the Estate and Effects of Elizabeth Doyle late of St. Johns Widow deceased, do make or cause to be made, a just, true, and perfect inventory of all and singular the Goods, Credits and Effects of her the said Elizabeth Doyle deceased, which have or shall come to the hands, possession, or knowledge of him the said Daniel Joseph Greene 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, in the Supreme Court of Newfoundland, at or before the 4^th day of December next ensuing the date hereof; and the said Goods, Chattels, Credits and Effects, and all other the Goods, Chattels, Credits and Effects of her the said deceased, at the time of her death, or which at any time afterwards shall come into the hands or possession of the said Daniel Joseph Greene or to the hands or possession of any other person or persons for him shall well and truly administer 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 4^th day of June which will be in the Year of Our Lord One Thousand Eight Hundred and Eighty-nine 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 Administration Account, the same being examined and allowed by the said Supreme Court of Newfoundland, shall and do pay and dispose of in due course of Administration, or in such a 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                         D.J. Greene
in the presence of

Geo. I. Adams
Comm Af