Edward Power
          1888

Estate of Edward Power 1888
From LDS microfilm #2057239

NEWFOUNDLAND              }
IN THE SUPREME COURT }

AFFIDAVIT
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You shall swear that you believe this to be the true Last Will and Testament of Edward Power of St. Johns in the Central District Hardware Merchant 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 Edward Power deceased, and of which he died possessed, do not according to the best of your knowledge, judgment and belief, amount to the value of fourteen hundred dollars

So help you God

Sworn before me at St. John's                              P.J. Delaney
this 23^rd day of January A.D. 1888
by the said P.J. Delaney and
Robert I. Kent

Geo. I. Adams
Comm'r Affdts

1888

Estate of Edward Power

late of St. Johns

in the Central District

Hardware Merchant deceased

Dated 23^rd January/88

Probate granted to Rev. P. J. Delaney
and Robert I. Kent
the Executors named in the Will

Estate sworn under $1400.00

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

Central District }
St. John's           }
To Wit               }

Robert J. Kent of St. John's aforesaid, One of Her Majesty's Counsel maketh oath and saith that on the sixth day of December A.D. one thousand eight hundred and eighty seven at St. Johns he, this Deponent, was present and did see Edward Power late of Saint Johns Hardware Merchant the Testator named in the paper writing hereunto annexed duly sign publish and declare the said annexed paper writing as and for his last Will and Testament, in the presence of this Deponent and of John P. Kent Student at Law the other subscribing witness thereto. That Deponent and said John P. Kent then and there signed their names to such Will as such witnesses, in the presence of the said Testator and of each other 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.                              Robert J. Kent
Johns aforesaid, this 17^th
day of January
A.D. One Thousand Eight
Hundred and Eighty eight

Geo. I. Adams
Commissioner

In the name of God Amen.
I Edward Power of St. Johns in the island of Newfoundland Hardware Merchant do make publish and declare this as and for my last will and testament. First, I direct that all my just debts funeral and testamentary expenses shall be paid. Second, I give devise and bequeath to the Roman Catholic bishop of St. Johns the sum of thirty pounds currency for masses for the repose of my soul and the souls of my deceased parents brothers and sisters. Third, I give devise and bequeath to the Society of St. Vincent de Paul in St. Johns the sum of Five pounds currency to be paid to the President for the time being of that Society for the use and purposes of that Society. Fourth. I give devise and bequeath to my niece Mary Joseph Power now living with me all my right and interest in and to the dwelling house and premises now occupied by me and John J. Furlong my tenant situate on the north side of Water Street in St. Johns and from and after the deceased of my said neice [sic] I give devise and bequeath all the then unexpired interest therein of my firm therein to the Reverend Superioress for the time being of the Convent of S. Michael at Belvedere near S. Johns and her successors in that office for the use and purpose of the Orphanage under the care of that Convent and to the Roman Catholic Catholic [sic] bishop of S. Johns

for the use and purposes of the Orphanage Villa Nova near Topsail, each to take in equal shares as tenants in common. Fifth, And as regards the lot of land situate in the neighborhood of the Ropewalk near Monday Pond in the neighborhood of S. John's and formerly the property of the late John O'Connor if the same be not sold and disposed of by me. I direct that it shall be sold by my executors hereinafter named at the earliest convenient time after my decease and that one half of the net proceeds of such sale be paid to the Children of John Mullins formerly of the City of Waterford in Ireland Clothier in equal shares or proportions amongst them and the other half to my said niece Mary Joseph Power. Sixth. I give devise and bequeath to my said niece Mary Joseph Power all the rest residue and remainder of my property goods chattels moneys securities for money and other effects of every kind and nature whatsoever for her own use and benefit. Seventh. I do hereby nominate and appoint the Reverend Patrick J. Delaney of S. John's Roman Catholic priest and Robert J. Kent of same place a Queen's Counsel as executors of this my will. It being understood and agreed to by me that for any professional services rendered by the said Robert J. Kent from time to time in the matter of this my will or of my estate he shall have and receive from my estate the same fees and remuneration as he would be entitled to receive if he were not named as an executor of this my will and had rendered similar services. Eighth. I do hereby nominate (Initials in right margin: RJK/JPK)

(Initials in left margin: RJK/JPK)
and appoint] revoke annul and declare void all wills by me heretofore made. Witness my hand at St. Johns this sixth day of December Anno Domini 1887.

Signed by the said Testator as
and for his last will and Testament                              Ed Power
in our presence who in his presence
and in the presence of each other have
thereto set our names as witnesses
on the day and year above written
The words "nominate and" being second?
on the second page, and the words "and
appoint" at top of this page, in the
places marked with our initials
Robert J. Kent
John P. Kent

To the Honorable The Supreme Court of Newfoundland or any one of the Honorable the Judges thereof

The Petition of the Reverend Patrick J. Delaney of S. Johns Roman Catholic priest and of Robert J. Kent of same place solicitor

Humbly Sheweth

That Edward Power late of S. Johns aforesaid Hardware Merchant died there on or about the second day of this present month of January. That he made his last will and testament hereto annexed and which has been proved in common form. That the said deceased was never married and left him surviving as his only next of kin resident in this Country three nieces namely Mrs. James Fox, Miss Ellen Power and ??? Mary Joseph Power -
That he died possessed of property of the probable value of about thirteen hundred dollars. That in and by his said last will and testament he nominated and appointed your petitioners as executors thereof. That no probate or administration of the estate of the said deceased has been hitherto granted. Petitioners therefore pray that probate of the said will may be granted unto them and as in duty bound they will ever pray &c &c &c
Dated at S. Johns this Seventeenth day of January A.D. 1888

Robert J. Kent                               P.J. Delaney
proctor for Petitioners                    Robt. J. Kent

In the Supreme Court
Probate Side

In the matter of probate
of the will of
Edward Power
late of S. Johns Hardware Merchant
deceased
The Reverend Patrick J. Delaney of S. Johns Roman Catholic priest and Robert J. Kent of same place Solicitor severally make oath and say that they are the petitioners in the foregoing petition in this matter named and that the several matters and things in the said petition set forth are just correct and true.
Sworn before me at S. Johns                      P.J. Delaney
this 17^th day of January                              Robert J. Kent
A.D. 1888 by the said Reverend
Patrick J. Delaney and Robert J.
Kent.
Geo. I. Adams
Comm'r Affdts

1888

In the matter of probate
of the will of
Edward Power
late of St. Johns Hardware
Merchant deceased

Petition for probate
Fiat J.J. Little
C.J.
Jany 18/88.