Mark Walsh
          1888

Estate of Mark Walsh 1888
From LDS microfilm #2057543

NEWFOUNDLAND
In the Supreme Court

AFFIDAVIT
----------

You shall swear that you believe this to be the true last Will and Testament of Mark Walsh late of Saint John's in the Central District of Newfoundland, Shoemaker, 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 Mark Walsh, 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 28^th day of May A.D. 1888.                              Patrick J. Scott
Geo. J. Adams
Commissioner of Affidavits
Supreme Court

1888

Estate of Mark Walsh
late of St. John's
in the Central District,
Shoemaker, deceased.

Dated 29^th May 1888

Probate granted to
Patrick J. Scott
the Executor named in
the Will.

Estate sworn under $4500.00

SUPREME COURT OF NEWFOUNDLAND

ST. JOHN'S }
TO WIT       }
Thomas Walsh of St. John's, Grocer, maketh oath and saith that on the fifth day of March A.D. one thousand eight hundred and eighty *eight^seven at St. John's aforesaid he, this deponent, was present and did see Mark Walsh late of St. John's, Shoemaker, 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 his last Will and Testament, in the presence of this Deponent and of Patrick J. Scott, the other subscribing witness thereto. That Deponent and said Patrick J. Scott then signed their names to such Will as such witnesses, in the presence of the said Testat__ and of each other - That previously to the said Will being so signed as aforesaid, by the 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 Patrick J. Scott 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,                              Thos Walsh
aforesaid, this 26^th day of May
A.D. One Thousand Eight
Hundred and Eighty Eight.
Geo. J. Adams
Commissioner, SC

In the Name of God, Amen.
I, Mark Walsh of St. John's in the Island of Newfoundland do hereby make and ordain this as and for my last Will and Testament.
I give, devise and bequeath to my son Patrick all that piece and parcel of land with house thereon and its appurtenances at present in the occupancy of Patrick Allan as my tenant fronting on Water Street West and running rearwards to the present boundary fence opposite other property of mine and hereinafter bequeathed to others. And also a portion of a plot of land belonging to me at River Head, the portion of said Patrick to be that commencing at the corner of the House and land of Jas. J. Callahan, Member of the House of Assembly, thence running to the westward by Water Street to end between said Callahan's, and *^late Richard Murphy's land, & thence in a line, as nearly *along paralel (sic) with Callahan's & Murphy's land as may be till it strikes a line drawn from south side of Moore's Cooper Shop and thence in a line continued from said shop to Callahan's land, thence by Callahan's land to the place of commencement. It is my will and desire that said lands and premises or any part of them shall not be mortgaged or sold unless to a member of my family.
To Katie my daughter, wife of John Fitzgerald of St. John's, planter, I give devise and bequeath all the land on which her said husband has built a house, being in the rear of Water Street and opposite the first above described piece of land, together with

Page 2

the house thereon or such right in the land or in equity as I may have or be entitled to in said house; And also to her I devise and bequeath a piece of land fronting on the street or road which leads from St. Patrick to the Plank Road & opposite or nearly opposite St. Patrick's School House running along said road or street from the corner of Moore's Cooper Shop to Callahan's, and being in depth from the road southward the same as the eastern side of Moore's said shop and bounded southerly by a line which forms the north or northwestern boundary of the piece of land, the second named herein as bequeathed to my son Patrick. **Said land is not to be sold or mortgaged except to a member of my family.
To my daughter Bridget, I give devise and bequeath the land and house thereon adjoining that above bequeathed to Mrs. Fitzgerald and at present occupied by Mrs. Payne and Mrs. Campbell and that part of my land at River Head between Richard Murphy's land by which it is bounded westward and the piece above described as being bequeathed to my son Patrick. Such land not to be sold or mortgaged except to a member of my family.
To my daughter Maggie I give devise and bequeath the land with house thereon which I at present occupy, situate on Water Street, and also a vacant lot of land adjoining that house above bequeathed to Bridget. Said land not to be sold or mortgaged except to a member of my family.
To my daughter Mary Anne Walsh, wife of Michael Walsh, I give and bequeath the land and two houses thereon to the eastward of the vacant lot left to Maggie.
My leasehold

Page 3

interest in land and house in Hutchings Street I leave as follows, to my daughter Maggie, the upstairs tenement, to Mary Anne the downstairs tenement, and use of garden, the ground rent to be borne by them as follows two pounds to be paid by Maggie and three pounds by Mary Anne.
All necessary expenses for external repairs to be borne by both of them in equal shares. Not to be sold or mortgaged except to a member of my family.
To the Rev. John Ryan I leave Twenty Dollars, to Rev. J. Scott Twenty Dollars and to St. Michel's Orphanage, Belvedere, Thirty Two Dollars.
I leave all my household goods and furniture to my daughters Bridget and Maggie as they may arrange between them. All my money and the rest residue and residue of my estate shall, after the payment of my debts and funeral and testamentary expenses be divided amongst my children, share and share alike.
I appoint Patrick J. Scott of St. John's, Barrister at Law, my Executor.
St. John's, Nov 5^th 1887

Signed in presence of us, who in
presence of each other and of the
testator and at his request,
subscribe as attesting witnesses
(the word "late" on the nineteenth
line of the first page, words "to be
sold or mortgaged except to a member
to a member of my family" on the
fifteenth line of the second page and
the word "them" on the ninth line of
the last page hereof having been
interlined) the same having been read
over before it was signed to said
Mark Walsh by P. J. Scott.
P. J. Scott
Thos Walsh
*initials HJC and TW in left margin
**initials JHC and TW in right margin

          I, Mark Walsh, the testator named in the foregoing will make and ordain this as a Codicil thereto.
          I hereby revoke that part of said Will which reads as follows "All my money and the rest and residue of my Estate shall after the payment of my debts and funeral and testamentary expenses be divided amongst my children share and share alike" and I will and appoint the following in lieu thereof.
          To my Executor aforesaid, Patrick J. Scott, I give and bequeath in trust the sum of One Hundred and Sixty Dollars to be held by him in trust for Mary Fitzgerald, daughter of my said daughter Kate Fitzgerald and Katie Walsh, daughter of my said daughter Mary Anne Walsh until each of them shall respectfully attain the age of twenty one years. The said sum to be put at interest which shall be allowed to accumulate with interest upon interest until the said Mary Fitzgerald and Katie Walsh shall respectively attain the age of twenty one years when one-half of the whole fund shall be paid to each one of them. To my daughters Bridget and Maggie I give eighty dollars each and the sum of Four Hundred Dollars I give to my son Patrick. My Executor shall collect the rents of all the tenants for the six months after my death and apply them to my general estate after first paying my lawful debts and funeral and testamentary expenses. Any residue shall go to my daughters, Bridget and Maggie.

Signed, published and declared as and for a codicil to
his last Will which was made on 5^th March A.D. 1887
by Mark Walsh the testator in presence of us who in
presence of each other and of the Testator and at his
request sign as attending witnesses on this 21^st day
of May A.D. 1888 (Eighteen Hundred Eighty Eight). The
words "each of them" on the 19^th line, "one half" on
25^th line, "sum of four hundred" and word "dollars" on
the 31^st line having been first read.

Witnesses
Thomas Walsh
William Finn

SUPREME COURT OF NEWFOUNDLAND

ST. JOHN'S
TO WIT
Thomas Walsh of St. John's aforesaid maketh oath and saith that on the twenty first day of May A.D. one thousand eight hundred and eighty eight at St. John's aforesaid he, this Deponent, was present and did see Mark Walsh late of St. John's, Shoemaker, 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 William Finn the other subscribing witness thereto. The said last will and testament being dated eighth day of March A.D. 1887 and ?????? annexed. That Deponent and said William Finn then signed their named to such Codicil as such witnesses, in the presence of the said Testator and of each other - That previously to the said Codicil 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 Finn 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.

Thos Walsh

Sworn before me at St. John's
aforesaid this 26^th day of May
A.D. One Thousand Eight
Hundred and Eighty Eight.
Geo. J. Adams
Commissioner, Sup. Court

Notice

After three days application will be made to the Honorable the Supreme Court or to a judge thereof for Probate of the Will of the late Mark Walsh formerly of St. John's in the Central District, Shoemaker, deceased, to be granted to Patrick J. Scott, Executor named in said will.
(GJA)                              P. J. Scott
May 23^rd 1887               Proctor

I certify that the notice on the other side hereof was posted in my office on the day of the date thereof and has remained there ever since and that no caveat or other exception thereto has been filed.
          St. John's, Mar 25^th 1888
Geo. J. Adams
A C, S C

To the Hon. Sir F. B. T. Carter
K.C.M.G., Chief Justice of the
?????? of the Supreme Court
of Newfoundland and the
Honorable R. S. Pinsent, D.C.L.
and ???????????? thereof

The Petition of P. J. Scott of St. John's, Barrister at Law

Humbly Sheweth

          That the late Mark Walsh formerly of St. John's, Shoemaker, died on the twenty second day of May instant having first made his last Will and Testament and Codicil thereto which are hereto annexed.
          That testator was at the time of his death possessed of land, houses and monies of the probable value of about Four Thousand Dollars within the jurisdiction of this Honorable Court.
          That neither Probate nor Letters of Adaministration to said Estate have hitherto granted. Petitioner therefore prays that Probate of the said Will and Codicil may be granted to him and for which as in duty bound &c &c &c.
Patrick J. Scott

Supreme Court

St. John's
To Wit

Patrick J. Scott, the petitioner 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 his knowledge and belief.

Sworn before me at                                        P. J. Scott
St. John's aforesaid
this 26^th day of May
A.D. 1888
Geo. J. Adams
Commissioner, S.C.

Supreme Court
Probate Side

In the Matter of the petition of
P. J. Scott for Probate of Will of
late Mark Walsh, deceased.

Fiat
J. J. Little
A. J.
May 26/88.