Pierce Phelan
          1888

Estate of Pierce Phelan 1888
From LDS microfilm #2057239

NEWFOUNDLAND
IN THE SUPREME COURT

AFFIDAVIT
----------

You shall swear that you believe this to be the true Last Will and Testament and codicils thereto of Pierce Whelan late of St. Johns in the central district Master Mariner 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 Supreme 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 Pierce Whalen 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 two thousand dollars

So help you God

Sworn before me at St. John's                              William Hackett
this Eighth day of May A.D. 1888                        E.P. Morris
by the said Wm Hackett and the
said E.P. Morris

P. Emerson
Commissioner of Affidavits Supreme Court

1888

Estate of Pierce Phelan

late of St. Johns

In the Central District

Master Mariner deceased

Dated 8^th May 1888

Probate granted to William Hacket
and E.P. Morris the executor
named in the Will

Estate sworn under
$32,000.00

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

The petition of William Hackett of Saint Johns in the Island of Newfoundland Master Mariner and Edward P. Morris of the same place, Barrister at Law, Executor of the last will and testament of Pierce Phelan, late of Saint Johns in the Island aforesaid Master Mariner deceased

Humbly Sheweth as follows:

That Pierce Phelan late of Saint Johns aforesaid Master Mariner deceased died at the above place on or about the Eighteenth of April now last past having previously made and executed his last will and testament and two codicils to the same which are hereto annexed proven upon the oath of Edward P. Morris one of your petitioners and one of the subscribing witnesses to the same.
That at the time of his death deceased was possessed of property within the jurisdiction of this Honorable Court of the probable value of thirty one thousand two hundred dollars - ($31,200.00)
That no probate to the said will has as yet been granted to any person

Petitioners therefore pray that Probate to the said last will and testament may be granted to them.
          And as in duty bound they will ever pray &c &c.
          Dated at Saint Johns aforesaid this seventh day of May AD 1888

William Hackett
E.P. Morris

Central District

Newfoundland
St. Johns SS
William Hackett of St. Johns in the Island of Newfoundland Master Mariner and Edward P. Morris of same place Barrister the Petitioners named in the foregoing Petition maketh oath and saith that the several matters and things therein set forth are correct and true to the best of these deponents knowledge and belief.

Sworn to before me at                              William Hackett
St. John's this 7^th day of
May AD 1888 by the said                         E.P. Morris
William Hackett and the
said Edward P. Morris

Prescott Emerson
Comm'r

S.C.

Petition for Probate
to the last will and
testament of Pierce
Phelan by Executors
William Hackett &
E.P. Morris

Fiat
J.J. Little
A.J.

???                    3.75
???                       50
3 Proofs            4.50
???                    1.50
Copy                 2.25
Reg                   2.25
                     $14.75

A

This is the last will and testament of one Pierce Phelan at present of Saint Johns Master Mariner. First it is my will that out of whatever monies I may die possessed of my executors hereinafter mentioned shall first devote and donate fifty pounds for masses for my soul, ten pounds for a high mass for my soul, fifty pounds toward the poor of St. Johns, twenty pounds towards the Villa Nova Orphanage and twenty pounds towards the Saint Michaels Orphanage at Belvedere. All the rest residue and remainder of my said monies debts and effects I leave as follows two thirds to be divided equally amongst my children Richard William Pierce James and Catherine Hand and the remaining third is to go to my beloved wife Bridget Phelan. She only to have a life interest in the same this is to receive the interest arising out of the same for her support and at her death the said one third is to be divided as follows half of the said one third to go to my said daughter Catherine Hand for her sole use and benefit and the balance or other half to be divided equally

amongst the following persons. Honora William Thomas James and Michael Green of Tilton Harbor children of my mothers brother and Mary and ???ympbia MacCurran children of my sister Bridget It is my wish that my said wife shall pay over the sum of ten pounds to Mary Kean my late servant in such manner and such time as she may think fit and out of the monies I have left her in this my will I leave the house and premises I now reside in to my wife for her life and at her death the same to go to my said daughter Catherine Hand. It is my intention that this word monies in this my will shall include all monies due to be either by mortgage or any other way.
I hereby appoint and nominate William Hackett of Saint Johns Master Mariner and Edward P. Morris of the same place Barrister and l??? executor of this my will
In witness whereof I have herein? to subscribed my name by affixing my mark at Saint Johns aforesaid this fourth day of October anno domini one thousand eight hundred and eighty seven

Signed by the said
testator by affixing his mark                                  his
as his last will and testa                              Pierce X Phelan
ment in the presence of us                                    mark
who in his presence at his
request and in the presence of
each other have hereunto sub
scribed our names as Witnesses
The same having been first
read over and explained
to the testator

William Hackett
E.P. Morris

B

This is a codicil to the last will and testament of one Pierce Phelan of Saint Johns in the Island of Newfoundland Master Mariner which will bears date the fourth day of October one thousand eight hundred and eighty seven I hereby revoke cancel and annul the bequest of ten pounds made to Mary Kean and direct that my executors shall pay the said sum of ten pounds to my daughter Catherine Hand for the use of

her children. I bequeath all and every of my household goods furniture and personal effects to my wife for her use during her life and at her death the same ??? to go to my daughter Catherine Hand except my watch which I leave to my wife to dispose of as she may. In all other respects I confirm my said will
In witness whereof I have hereunto set my hand by affixing my mark this 15^th day of October A.D. 1887
Signed by the said testator
(by affixing his mark) as a codicil
to his will in the presence of
us who in his presence at his
request and in the presence                                           his
of each other have hereunto                              Pierce X Phelan
subscribed our names as                                              mark
witnesses the same having been
first read over and explained

Walter MacPherson?
E.P. Morris

C

This is a codicil to the last will and testament of me Pierce Phelan of Saint Johns in the island of Newfoundland master mariner which will bears date the fourth day of october [sic] AD 1887. It is my will that my sons James and Pierce shall not be able to draw the principal of their legacy at any time but shall receive the interest only annually and my executors shall invest their legacys in such a way as shall prevent my wish in this matter from being defeated.
In all other respects I confirm my said will
In witness whereof I have hereunto set my hand by affixing my mark this 14^th day of March AD 1888.
Signed by the said testator (as and for a codicil to his last will and testament) by affixing his mark in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses, the same having been first read over and explained (and the words "a codicil to" having been underlined on the 20^th line from top of page.

E.P. Morris          F. Morris

Certificate

I hereby certify that this written notice has been duly posted in my office from the day of the date thereof until this date and that no caveat or other objection has been entered thereto.
          Dated at St. Johns this 7^th day of May AD 1888
P. E.?
Reg?

Notice

Three days from the date hereof application will be made to the Honorable the Supreme Court or to one of the Honorable the Judges thereof for Probate to the last will and testament of Pierce Phelan late of Saint Johns in the island of Newfoundland Trader to be granted to William Hackett master mariner and Edward P. Morris Barrister at Law the Executors named in the said will
          Dated at Saint Johns this 19^th day of April AD 1888

F. J. Morris
Proctor for Executors

G.J.A.?

SUPREME COURT OF NEWFOUNDLAND

ST. JOHN'S }
TO WIT       }
G. P. Morris of Saint Johns aforesaid Barrister at Law maketh oath and saith that on the 4^th day of October A.D. one thousand eight hundred and eighty seven at Saint Johns aforesaid he, this Deponent, was present and did see Pierce Phelan late of Saint Johns master mariner the Testator named in the paper writing hereunto annexed duly sign (by making his mark) publish and declare the said annexed paper (illegible insertion) writing as and for his last Will and Testament, in the presence of this Deponent and of William Hackett the other subscribing witness thereto. That Deponent and said William Hackett then signed their names to such Will as such witnesses, 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 William Hackett 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.
Johns aforesaid, this                              E. P. Morris
7^th day of May
A.D. One Thousand Eight
Hundred and Eighty Eight

P. Emerson
Commissioner

SUPREME COURT OF NEWFOUNDLAND

ST. JOHN'S }
TO WIT.      }
E. P. Morris of Saint Johns aforesaid maketh oath and saith that on the 15^th day of October A.D. one thousand eight hundred and eighty seven at Saint Johns aforesaid he, this Deponent, was present and did see Pierce Phelan late of Saint Johns Master Mariner the Testator named in the paper writing hereunto annexed duly sign (by making his mark) publish and declare the said annexed paper writing as and for a codical to his last Will and Testament, in the presence of this Deponent and of Walter MacPherson the other subscribing witness thereto. That Deponent and said Walter MacPherson then signed their names to such Will as such witnesses, 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 and approved of by the said Testator in the presence of Deponent and the said Walter MacPherson 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.
Johns aforesaid, this 7^th                              E. P. Morris
day of May
A.D. One Thousand Eight
Hundred and Eighty

P. Emerson
Commissioner

SUPREME COURT OF NEWFOUNDLAND

ST. JOHN'S }
TO WIT        }
E. P. Morris of Saint Johns aforesaid Barrister at Law maketh oath and saith that on the 14^th day of March A.D. one thousand eight hundred and eighty eight at Saint Johns aforesaid he, this Deponent, was present and did see Pierce Phelan late of Saint Johns Master Mariner the Testator named in the paper writing hereunto annexed duly sign (by making his mark) publish and declare the said annexed paper writing as and for a codicil to his last Will and Testament, in the presence of this Deponent and of Francis J. Morris of St. Johns Solicitor the other subscribing witness thereto. That Deponent and said Francis J. Morris then signed their names to such Will as such witnesses, 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 and approved of by the said Testator in the presence of Deponent and the said Francis J. Morris 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.
Johns aforesaid, this 7^th                              E. P. Morris
day of May
A.D. One Thousand Eight
Hundred and Eighty

P. Emerson
Commissioner