Mary Penney
          1888

Estate of Mary Penney 1888
From LDS microfilm #2057239

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

ST. JOHN'S }
To Wit          } I do swear that I believe that Mary Penney late of Carbonear in the Northern District of Newfoundland widow 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 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 he 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 one thousand eight hundred dollars.

Sworn before me, at St. John's, the 21^st day of
March in the year of Our Lord One Thousand
Eight Hundred and Eighty-eight

Geo. I. Adams                                        A. Penney
Commissioner of Affidavits

1888

Estate of Mary Penney

late of Carbonear

In the Northern District

Widow deceased
Dated 22^nd March 1888

Admin C.T.A. granted to

   Alfred Penney
St. Johns

Sureties
Thos. Long
Wm S. Canning

Estate sworn under
             $1800.00

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

Be it Remembered That on this Twenty first day of March in the 51^st 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 Eighty-eight personally appeared Alfred Penney of Saint John's in the Central District of Newfoundland, Her Majesty's Surveyor General, Thomas Long of same place Chief Clerk in the Surveyor General's Department and William S. Canning of the same place leasing writer and did acknowledge themselves to be held and firmly bound to our said Lady the Queen, Her Heirs and Successors, in the penal Sum of three thousand six 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 Alfred Penney as Administrator C.T.A. of the Estate and Effects of Mary Penney late of Carbonear 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 the said deceased, which have or shall come to the hands, possession, or knowledge of him the said Alfred Penney 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 21^st day of September 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 her death, or which at any time afterwards shall come into the hands or possession of him the said Alfred Penney 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 21^st day of March 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                                                  A. Penney
in the presence of                                                  Thos. Long
Geo. I. Adams                                                      Wm. S. Canning
Comm'r Afdts

I Mary Penney, relict of the late William Penney of Carbonear in the Island of Newfoundland being sick and weak of body but of sound mind and memory, do make and ordain this my last will and testament.

1^st : I give and bequeath the sum of one thousand dollars to be divided equally among my five living children - namely - To my Son Edgar Penney $200.00. To my son Josiah Penney - $200.00. To my son Alfred Penney - $200.00. To my daughter Louisa Canning, $200.00, To my daughter Elizabet h Simpson $200.00.

2^nd: To my Grand-daughter Mary Grace Powell I give and bequeath two hundred dollars ($200.00) desiring that her father Joseph Powell hold the same in trust for her until her marriage, or on her attaining the age of 30 years. In the event of her father's death before that period, the money to pass into her own possession.

3^rd: To my son Josiah Penney I give and bequeath the sum of two hundred dollars ($200.00) to be held in trust by him for the education of his children.

4^th: To my son Alfred Penney and bequeath all my household furniture

And I do hereby declare all or any other documents purporting or declaring to be my last will and testament to be null and void, declaring this and this only to be my last will and testament. In witness whereof I have hereto affixed my hand and seal in the presence of the undersigned witnesses at Carbonear on this ninth day of January in the year of our Lord one thousand eight hundred and eighty eight.

The said Mary Penney on the said 6^th day of January 1888, signed sealed, published and declared the above to be her last will and testament in our presence and we at her request, and in her presence, and in the presence of each other have hereto subscribed our names as witnesses thereto.

Aubrey J. Crocker
Robert Simpson

In the matter of the estate of
Mary Penney late of Carbonear
deceased,

Newfoundland      }
Carbonear To Wit } Robert Simpson of Carbonear Merchant maketh oath and saith that he was present and did see Edgar Penney, Josiah Penney, Elizabeth Simpson, Joseph Powell, (by making his mark) Alfred Penney, Mary Powell and Louisa Canning, sign the foregoing consent

Sworn before me at                                        Robert Simpson
Carbonear this 5^th day
of March AD 1888
Israel S. McNeil
B??? Affty?

Carbonear Feby 8, 1888

(signature of Robert Simpson in the lower left margin)
We the undersigned persons referred to in the will
of the late Mary Penney as legatees hereby appoint
Alfred Penney administrator to take such steps as May
be necessary to carry out the bequests of the said Will

Edgar Penney                    Mary Powell
Josiah Penney                    Louisa Canning
Elizabeth Simpson             N. S. Canning

Alfred Penney

SUPREME COURT OF NEWFOUNDLAND

Carbonear
St. John's }
TO WIT   }
Aubrey J. Crocker of Carbonear maketh oath and saith that on the sixth day of January A.D. one thousand eight hundred and eighty eight at Carbonear aforesaid he, this Deponent, was present and did see Mary Penney late of Carbonear aforesaid the Testatatrix named in the paper writing hereunto annexed duly sign (by making her mark) publish and declare the said annexed paper writing as and for her last Will and Testament, in the presence of this Deponent and of Robert Simpson also of Carbonear Merchant. The other subscribing witness thereto. That Deponent and said Robert Simpson then signed their names to such Will as such witnesses, in the presence of the said Testatatrix and of each other. That previously to the said Will being so signed as aforesaid, by the said Testatatrix and the said witnesses, it was read over and approved of by the said Testatatrix in the presence of Deponent and the said Robert Simpson and that at the time of the said execution of the said Will the said Testatatrix was of sound and disposing mind, memory and understanding, to the best of Deponent's knowledge and belief.

Sworn before me at
Carbonear aforesaid, this 5^th                    Aubrey J. Crocker
day of March
A.D. One Thousand Eight
Hundred and Eighty Eight

Israel S. McNeil
Commissioner
Supreme Court

In the Supreme Court

In the matter of the
estate of Mary Penney
late of Carbonear
widow deceased
---------------

In the Supreme Court

          After three days from the date hereof application will be made to the Honorable the Supreme Court for letters of Administration Cum Testamento Annexo of the Estate of Mary Penney late of Carbonear, Widow, deceased, to be granted to Alfred Penney of St. Johns, Her Majesty's Surveyor General
          Dated at Saint Johns this 1^st day of March AD 1888
(illegible initials left margin)
D Morison
Solicitor for applicant

          I certify that the notice on the other side hereof written has been exhibited in my office from the day of the date hereof and that no caveat or other objection has been entered thereto

          Registrars Office
St. Johns March 9^th AD 1888
          P.E.
          Reg.

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

The petition of Alfred Penny of Saint Johns, Her Majestys Surveyor

Humbly Sheweth

          Mary Penny late of Carbonear, Widow deceased, died there on or about the third day of February last, having first made and published her last will and testament, which is hereto annexed.
          That
the said deceased left her surviving three sons, Edgar, Josiah and Alfred (Petitioner), two daughters, Louisa, wife of W.S. Canning of St. Johns, and Elizabeth, wife of Robert Simpson of Carbonear, aforesaid, Merchant, and one grand daughter, Mary Grace Powell, all of whom are legatees under the said will
          That
the said deceased at the time of her death was possessed of property of the probable value of One thousand six hundred dollars
          That
the said testatrix did not appoint any

executor by her last will and testament
          That
annexed hereto is the consent of the said next of kin of said deceased, to the granting of letters of Administration to Petitioner
          That
no probate of any will nor administration of the Estate of said deceased has been granted to any person

          Petitioner therefore prays that Letters of Administration cum testament annexo of the Estate of said deceased may be granted to him
          And as in duty bound he will ever pray &c &c

          Dated at St. Johns this            day of March AD 1888

A. Penny

In the Supreme Court

Newfoundland }
St. Johns to wit} Alfred Penny of Saint Johns, Her Majestys Surveyor General, maketh oath and saith that he is the petitioner named in the foregoing petition, and that the several matters and things therein contained are correct and true

Sworn before me at                              A. Penney
St. Johns this 9^th day
of March AD 1888

P. Emerson
Comm'r

Supreme Court

In the matter of the
will and Estate of
Mary Penny late of
Carbonear widow
deceased

Petition for Adm'n with
the will annexed

Filed Mar 9/88

Fiat
J. J. Little
A.J.