Francis Burchill
          1889
(Surname is also spelled Burchell in this document)

Estate of Francis Burchill 1889
From LDS microfilm #2057543

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

Be it Remembered, That on this Twenty Ninth day of January in the Fifty Second 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-nine personally appeared Mary Dalton of St. John's in the Central District, Spinster, Edward P. Morris of same place, Barrister at Law and William F. Kieley of same place, Painter, 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 Two Hundred and Fifty Dollars, to be had, made and levied on their 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 Mary Dalton as Administratrix of the Estate and Effects of Francis Burchell late of St. John's aforesaid, Engineer, 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 her the said Mary Dalton as such Administratrix or to the hands or possession of any other person, or persons, for her and the same so made do exhibit, or cause to be exhibited, in the Supreme Court of Newfoundland, at or before the 29^th day of July 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 his death, or which at any time afterwards shall come into the hands or possession of her the said Mary Dalton or to the hands or possession of any other person or persons for her shall well and truly administer according to Law, and further shall make, or cause to be made, a just and true account of her said Administration, on or before the 29^th day of January which will be in the Year of Our Lord One Thousand Eight Hundred and Ninety and afterwards from time to time as she 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                                 Mary Dalton (Seal)
in presence of                                        Edward P. Morris (Seal)
Geo. J. Adams                                       William F. Kieley (Seal)
Commissioner, S.C.

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

ST. JOHN'S
To Wit}          I do swear that I believe that Francis Burchell, late of St. John's aforesaid, Engineer, deceased died without 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 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 Hundred and Twenty Five dollars.

Sworn before me, at St. John's                    Mary Dalton
this 29^th day of January, A.D. 1889.
Geo. J. Adams
Commissioner of Affidavits

(Top of page torn)

Francis Burchell
late of St. John's
in the Central District,
Engineer, deceased.

Admin---granted to
Mary Dalton of
St. John's, Spinster.

Dated 29^th January 1889

Sureties
Edward P. Morris
William F. Kieley

Estate sworn under $125.00

In the Supreme Court
In Equity

In the matter of the Estate of
Francis Burchell, late of St. John's
Engineer, deceased.

          Upon reading the petition of Mary Dalton Administratrix of the Estate and Effects of said deceased and guardian to the infant child of deceased and the affidavit thereto annexed, I do order that the said infant child be given up forthwith to the care and custody of the said Mary Dalton as such guardian unless cause to the contrary be shewn before me in Chambers at the Courthouse on Saturday the 9^th day of March instant at 12 o'clock noon.
          Dated at St. John's this 4^th day of March A.D. 1889.

J. J. Little
A. J.

Supreme Court
In Equity

In the Matter of the Estate of
Francis Burchell, late of
St. John's, Engineer, deceased.

Order that infant
of said deceased
to ????? to the care
and custody of
MargaretMary Dalton
forthwith.

(Stamp)
REGISTRARS OFFICE
ST. JOHN'S
MAR 5 1889
NEWFOUNDLAND

Supreme Court

Newfoundland
St. John's, S.S.
Johanna Walsh of St. John's aforesaid, Nurse, maketh oath and saith that she was personally acquainted with the late Francis Burchell, having nursed him.
That the day previous to the death of the said Francis Burchell he told this deponent that Selina Quinn was to continue to have the care and charge of his child Maud until she, Selina Quinn, would hear from the relatives of said child now residing in Prince Edwards Island.
That the said Francis Burchell made no reference to this deponent that the child should be placed under the care and guardianship of Mary Dalton.
That the said child has been nursed by the said Selina Quinn since she was three weeks old.
That the said Selina Quinn is well able to support the said child.

Sworn before me at St. John's                    Johanna X (her mark) Walsh
aforesaid this 12^th day of March
A.D. 1889 having been first
read over and explained.
Jos. P. Carty
(Bottom of page torn and missing)

1889

Sup Court

In the matter of the
Estate of Francis Burchell
of St. John's, Engineer,
deceased.

Affidavit of Johanna Walsh

(Written very faintly)
In re Dellur? Dec/84
Ch of Di???
W. R. July 10/86
Constable to Constable?

In the matter of the Estate of the
late Francis Burchell, Engineer,
deceased.

Supreme Court

Newfoundland
St. John's S.S          Will          Hennessey of Saint John's in the Island of Newfoundland, Boarding Mistress, maketh oath and saith that she was well acquainted with the late Francis Burchell who boarded at her home at the time of his death and for some considerable time before.
That previous to his death and within a day or so of his dying the said deceased informed this deponent that he had left to the care and custody and control of Mary Dalton his infant child Maud.
That at the time this statement was made William Kieley of St. Johns aforesaid, Painter, was present and the same statement was addressed to him.
That deponent knows the said Mary Dalton and believes her a fit and proper person to have the care and custody and board as guardian of the said child.

Sworn before me at Saint John's                    Kate Hennessey
aforesaid this 9^th day of March
A.D. 1889.
Jos. P. Carty
Commissioner

In the matter of the Estate of the
late Francis Burchill, Engineer,
deceased.

Supreme Court

Newfoundland
St. John's, S.S.

          William Kieley of St. John's in the Island of Newfoundland aforesaid maketh oath and saith that he was well acquainted with the late Francis Burchell.
That previous to his death and that within a a day or so of his dying he informed this deponent that he had left to the care, custody and control of Mary Dalton his infant child Maud.
That at the time this statement was made Kate Hennessey daughter of deceased Boarding Mistress was present and the same statement was made to her.
That deponent knows the said Mary Dalton and believes her to be a fit and proper person to act as guardian of said child.
Sworn before me at St. John's                    William F. Kieley
aforesaid this 9^th day of March
A.D. 1889.
Jos. P. Carty
Commissioner

S. C.

In the matter of
the guardianship
of          Burchell
an infant.

Notice

Three days from the date hereof application will be made to the Honorable the Supreme Court or one of the Honorable the Judges thereof for Administration to the Estate and effects of Francis Burchill late of Saint John's, Engineer, deceased, to be granted to Mayard? Dalton of Saint John's aforesaid, Spinster.
          Dated at Saint John's this 25^th day of January A.D. 1889.
(Stamp)
REGISTRARS OFFICE                    F. J. Morris
ST. JOHN'S                                        Proctor for Mayard Dalton
JAN 25 1889
NEWFOUNDLAND

(Partial page as follows:)

That said deceased left (him surviving) an infant child living in this Country and three other other children residing in Charlottetown, Prince Edward Island. That said deceased left no other or ????? next of kin.
That at the time of his death deceased was possessed of property.

Certificate

I hereby certify that the wit (page partially missing) has been posted in the Office of the Chief Clerk and Registrar from the day of the date thereof until this date and that no caveat or ???? of the petion (sic) has been entered thereto.
          Dated at Saint John's this          day of January A.D. 1889.
Jos. P. Carty
Asst. Clerk

(Partial page as follows:)

of Saint John's in the island of Newfoundland spinster the petitioner named in the foregoing petition maketh oath and saith that the several matters & things therein contained are correct & true to the best of this deponents knowlege (sic) & belief.
Sworn before me at St. John's                    Mary Dalton
aforesaid this 26^th day of
January A.D. 1889.
Jos. P. Carty
Commissioner

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

The Petition of Mary Dalton of Saint John's in the island of Newfoundland Humbly Sheweth as follows.

That Francis Burchill late of Saint John's in the island aforesaid, Engineer, died at the above place on the seventeenth day of December now last past, intestate.

That said deceased left him surviving an infant child living in this Country and three other children residing in Charlottetown, Prince Edward Island.
That said deceased left no other or ????? next of kin.
That at the time of his death deceased was possessed of property

Page 2

within the jurisdiction of this Honorable Court of the probable value of one hundred and twenty dollars made up in this way - Cash in Savings Bank one hundred dollars, furniture twenty dollars, all of which he handed to Petitioner before his death.
That out of the said monies petitioner has paid the funeral and other expenses of deceased.
That previous to his death deceased gave over to the care and charge of petitioner his child (residing in this country) a girl of two years of age with instructions to send it to its grandfather in Charlottetown and in the event of his refusing to take it

Page 3

the child was to be placed in St. Michaels Orphanage, Belvedere.
That at the time of the death of said deceased the said child was staying with and being nursed by one Celina Quinn who now refuses to give up the same to Petitioner.
That previous to his death deceased informed Mr. Wm. Kielly of Saint John's aforesaid, painter, and Miss Kate Hennessey of the same place, spinster, that he had left his said child in care and under the guardianship of Petitioner.
That no probate to any will or letters of administration has been granted to any persons.
Petitioner therefore prays that Letters of Administration to this estate and effects of said deceased may be granted to her and as in duty bound she will ever pray.
Dated at Saint John's this 26^th day of January A.D. 1889.

Mary Dalton

In the matter of the Estate
of the late Francis Burchill.

Petition of          Dalton
for Admn to the Estate of
deceased.

Fiat
R. J. Pinsent
A. J.
Jan 29/89

(Statement added to side of above page.)

Sup. Court

Newfoundland
St. John's, S.S.
Mary Dalton of Saint John's in the island of Newfoundland, spinster, the petitioner named in the foregoing petition maketh oath and saith that the several matters & things therein contained are correct & true to the best of this deponents knowledge (sic) & belief.

Sworn before me at St. John's                              Mary Dalton
aforesaid this 26^th day of
January A.D. 1889.
Jos. P . Carty
Commissioner