Maude Burchill
Burchell
          1889

Estate of Maude Burchell 1889
From LDS microfilm #2057543

(Piece of document)

Be it remembered that on this thirteenth day of February 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          Personally appeared Mary Dalton of St. John's in the Central District of Newfoundland, Spinster, Edward P. Morris of St. John's aforesaid, Barrister-at-Law and William Kiele? of St. John's aforesaid, Painter, and           did -----remainder of page missing.

(This page was badly damaged. I reconstructed its contents - Transcriber.)

Estate of Maud Burchell
of St. John's in the Central
District, a minor.

Daughter of Francis Burchell
late of St. John's aforesaid,
Engineer, deceased.

Letter of Guardianship of
the person & Estate of
???????????????? above
be granted to Mary Dalton
of St. John's, Spinster.

Dated 13^th Feby 1???

Sureties
E P ?????
William Kie??

Estate sworn at $???????

Supreme Court
Judges Chambers
St. John's, Newfoundland
16 May/89

In the matter of the Guardianship
of the person of Maude Burchell,
A minor-

          Since the making of my last order in this matter I find that Counsel have placed themselves in communication with the aunts and uncles of the minor resident in Prince Edward Island on the subject of the proceedings -
And from that correspondence and a knowledge of facts otherwise brought to my knowledge furnished me I am satisfied of the desire and ability of Mrs. Owen Steel, aunt of the said minor, to take and maintain said Minor, and being also satisfied that it will be for the permanent benefit for the infant so to be transferred to the custody of the said Aunt. I do order and direct that said child, Maude Burchell, be therefore delivered to Miss Dalton, the now Guardian, who will duly undertake to take charge of the said to deliver her into the care and custody of Mrs. Steel without any unnecessary delay.

J. J. Little
A. J.

??? April 11^th 1889

Dear Sir:
I write you to inform you that I authorize Miss Dalton to take charge of the child until she can bring her to the Island. Miss Dalton says (sic) that she will bring the child to the Island at her own expense. Therefore I request Mrs. Quinn to give the child to Miss Dalton.
James Brennan

A
Summer Side Apr 7^th 1889

My Dear Miss Dalton
I received your letter and was sorry to hear that you were put to such trouble by that woman on account of Maud but I trust it is all over now and she will have to give her up to you immediately. It is 18 miles from here to where my Sister lives. My husband went all the way there on foot to get my Sister's consent and I am glad to tell you that she told him to write you to take the child at once. She is also writing to your lawyers telling them the same.
My husband gave her to understand that you and not Mrs. Quinn had a right to keep the child until she could be brought to the island.

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Now my dear Miss Dalton, as everything seems favourable I hope that you will have no more trouble from that quarter that she will give up the child without any more hesitation.
My Sister said she was sorry that she told Mrs. Quinn to keep Maud but she did not know the sort of a woman she was. She was sorry that you were put to such trouble.
Please write me as soon as you get this letter and let me know how you get along as I am not contented until I know that you got Maud from her. Also let me know if you can bring Maud to the Island this spring as I have a good place for her.

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I wrote Miss Hennesy a letter some time ago but received no answer yet. I am expecting one any day from her.
My dear Miss Dalton, you do not know how thankful I am to you for your kindness to my Sister's child and the trouble you are going to But I hope you will be rewarded.
I am sending Maud two pictures and sending you 3 small ones for yourself.
Please write soon and let me know the news as I will be uneasy till I hear from you.
Nothing more only my love to you and Miss Hennesy and may God Bless you.
Your loving friend,
Mrs. Steele

Darnley, Lot 19
April 6^th /89

To Messrs Morris & Morris

          Your letter to the 19^th March came to hand and contents noted. You can tell Miss Dalton she can take the child from Mrs. Quinn when Mr. Burchill's dying words were for her to take the child. My father died about two months ago, if he were alive he would know what was to be done with the child but since he is gone that is all I can do. I hope if poor little Maude stays

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in Newfoundland I hope she will be well cared for. Tell Miss Dalton to write to me by return mail. I am writing a note to Mrs. Quin inside of this letter you will please forward it to her.
Miss Dalton wrote to my sister Mrs. Steele that she would take the child to the Island. That is all I have to say at the present time.
Yours truly,
Clara Brennan

MORRIS & MORRIS                              F.? J. Morris, Solicitor

Dear Miss Brennan:
We have been requested by Miss Mary Dalton, at the suggestion and approval of His Lordship Mr. Justice Little, one of the Judges of the Judges of the Supreme Court, to write by this mail to obtain from you your consent by a note in writing of Miss Dalton taking charge at least for the present of Miss Maud Burchell - infant daughter of the late Francis Burchell.
With the circumstances of his death and the position Miss Dalton held towards the deceased you are already fully acquainted. These facts were

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so apparent that the Court on her application appointed her on the           day of          now last past administratrix of his Estate and on the          day of          letters of guardianship were also granted to Miss Dalton appointing her legal guardian of the child.
You no doubt are aware that on his death bed Mr. Burchell handed over to the care and charge of Miss Dalton his infant child with certain instructions which are full contained in the enclosed affidavits of Mr. Kielly and Miss Hennessey the *(vide pendent in tuestes) who could have no motive or interest in stating what was enforced.
*appears to be legal terminology - hard to read.
Miss Dalton has handed us a statement

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of the Burchell's affairs, a copy of which we now enclose to you, which speaks for itself. You will see how his property has been dealt with.
You need to have no fear but that Maud will have a comfortable home and that the instructions of her dying father will be carried out. The judges could have given an order to have the child handed over to Miss Dalton but out of deference to you he has given us permission to write you and is awaiting your reply.
We feel certain that unless you have some good grounds you will not come between the good fortune and bright prospects of the child by doing anything which would make it difficult for Miss Dalton obtaining the child. A nurse named Selina Quinn as you are aware claims the child but has no grounds for such a claim and it would not fulfill the dying commands of the father if given to her.
We hope to have time to write also to James Brennan, uncle of the child but should we not, kindly let him see this note.
We feel certain you will take all these facts into your consideration and let us have by return mail what we trust may prove to be a favorable reply.
Yours truly,
Morris & Morris
Solicitors

Supreme Court

Newfoundland
St. John's, S.S.
Mary Dalton of Saint John's in the island of Newfoundland, Spinster, and G. K. Morris of same place, Barrister at Law, sincerely make oath and say, and this Deponent Mary Dalton for herself saith I am the Administratrix of the Estate of the late Francis Burchill and guardian of his infant child Maud.
I have been for some time in communication with one Mrs. Owen Steele of Summerside, P.E. Island. She is the eldest sister of the sisters of the late Francis Burchill. The letter hereto annexed marked "A" is a letter to this Deponent from the said          Steele in answer to a letter written by this Deponent by the last American Mail.
That this deponent has also been in communication for some time with Clara Brennan, another sister of the wife of said deceased. The letter annexed hereto marked "B" is in the handwriting of the said Clara Brennan or the identical writing used when writing to this deponent.
And this deponent E. P. Morris for himself saith that he is the Counsel for the said Administratrix and guardian. That the letter hereto

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annexed marked "C" is a correct copy of a letter written to Clara Brennan of Summerside, Prince Edward Island, at the instance of one of the Judges of the Supreme Court.
That the letter marked B was received by the said American Mail from Clara Brennan aforesaid and was addressed to the firm of Messier Morris & Morris of which this deponent is a member. That deponent believes the letter is genuine and is in the handwriting resembling letters purporting to be written by the said Clara Brennan which have been shown to this deponent.
Sworn before me at Saint John's aforesaid
this 16^th day of April A.D. 1889                              Mary Dalton
by the said Mary Dalton and                                    E. P. Morris
the said E. P. Morris.
Geo. J. Adams
Commissioner

Having heard Counsel and had the parties before me together with the infant Maud Burchell, and from the purports of the letters received from the next of kin, I am not inclined, at present, to make an absolute order in the matter of the custody of this infant. In the mean time I have directed Counsel to again communicate with the next of kin, aunts and uncles, of the child to obtain definitely their instructions as to the care and charge of the child. If they decline assuming that they decline any responsibility or express any unwillingness to take the child, I shall then execute a final order in the matter.
J. J. Little
A. J.

In re Custody of
Maude Burchell
a Minor.

In the matter of
the Estate of the late
Francis Burchill

Affidavit of
Mary Dalton
& E. P. Morris

(Stamp)
REGISTRARS OFFICE
ST. JOHN'S
APR 17 1889
NEWFOUNDLAND

Darnley, Lot 18
Jan 8^th/89

Dear Friend,
Received your letter of the 19^th Dec and was very sorry to hear about Frank's death, but was glad to know that he died in the Catholic faith.
Tell Mrs. Quinn, I mean yourself, to keep the baby. Father is in the hospital and will not be home until the spring and if he

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wishes her to keep it she will, for I know she will be good to it.
You can have the mats for the little girl if Frank has not got them sold and the bed and bedclothes. Also you are not to give the baby to anyone. You are to keep it yourself.
The children are all well. They were very sorry to hear of their fathers death. They all join in sending their love to you and let Mrs. Walsh write by next mail and tell us all how they got along.
No more at

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present from your friend,
James Brennan
Darnley, Lot 78
P. E. Island

Darnley, Lot 18
Feb 14^th /89

Dear Friend,
Your letter of the 12^th inst came to hand. Was glad to hear that you were well, also Maudie.
I have sad news to write you this time about poor father's death. He was in the hospital for three months and was ready to come home when his heart failed him and he died very suddenly. I went to Ch. Town and brought him home. He died on the 4^th and was buried on the 6^th of February. We are very lonesome for him but God's will must be done. You are to keep Maudie and I know you will be good to her. Miss Dalton wanted the child but I think it was just as well for

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you to keep it being as you had it so long.
We all send our compliments to you and Mrs. Welsh. We are all well and hope that you are enjoying the same blessing.
Write soon and tell me all the news. I remain your friend,
James Brennan

Supreme Court

Newfoundland
St. John's, S.S.
Selina Quinn of St. John's aforesaid, married woman, maketh oath and saith that Francis Burchell, late of St. John's, Engineer died on the seventeenth day of December last.
That at the time of his death the said Francis Burchell was a widower, his wife Julia Brushell having died on or about the fourth day of January A.D. 1887 leaving her surviving a female infant aged three weeks.
That since the said Julia Burchell's death this deponent has nursed and taken care of the said Child.
That a short time previous to the death of the said Francis Burchell he informed this deponent that it was his intention to have his eldest daughter now residing in Prince Edwards Island come to Newfoundland to live with him and (s)he may then take his child, but that in the meantime this deponent was to have the care and nurse the said child. That since the death of the said Francis Burchell this deponent has written to his relatives living in Prince Edwards Island informing them of his death

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and asking for instructions in regard to the child.
That hereto annexed are two letters this deponent has received from *^{James Brennan} the uncle of the said child.
That since Mary Dalton has requested this deponent to deliver up the child to her, this deponent has communicated with the said James Brennan and in his reply of date the fourteenth day of February last he expressed his consent to this deponent's retaining the said child in her care.
That the said child has been baptized and is being brought up in the faith of the Roman Catholic Church and that this deponent is a member of the said church.

Sworn before me at St. John's
aforesaid this seventh day of                    Selina her X mark Quinn
March A.D. 1889 having been
first read over and explained.
Jos. P. Carty
Commissioner
*Initials JPC in left margin.

1889

Supreme Court

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

Affidavit of Selina Quinn

To the Honorable Sir F.B.T. Carter,
K.C.M.G., Chief Justice, R. J.
Pinsent, D.C.L. and Joseph J.
Little, assistant Judges of the
Supreme Court.

The Petition of Margaret^Mary Dalton of Saint John's in the island of Newfoundland, Spinster, humbly sheweth as follows.

That Francis Burchell 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 within this Country and three other children residing in Charlottetown, Prince Edward Island.

That said deceased left no nearer next of kin.

That at the time of his death deceased was possessed of property within the jurisdiction of this Honorable Court, money to the extent of One Hundred Dollars and furniture valued at about twenty dollars all of which he handed to the Petitioner before his death.

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That out of the same Petitioner paid the expenses of the funeral of deceased and other outstanding amounts.

That previous to his death deceased gave over to the care and charge of petitioner his child, a girl of two years of age, with instructions to send it to his Grandfather in Charlottetown, Prince Edward Island or in the event of his refusing to take the child to have it placed in Saint Michael's Orphanage, Belvidere.

That the said child at the time of the death of said deceased was staying in the care of a nurse named Celina Quinn who now refuses to give up the same to Petitioner.

That previous to his death deceased informed Mr. W. Kielly Painter and Miss Hennessey that he had left his child in the care and under the guardianship of petitioner.

That letters of administration to the Estate and effects of said deceased were granted to Petitioner on the 29^th day

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of January Anno Domini One Thousand Eight Hundred and Eighty Nine
(for the?) of this Honorable Court.

That letters of guardianship for the child of said deceased were granted to Petitioner on the 13^th day of February Anno Domini One Thousand Eight Hundred and Eighty Nine          (for the?) of this Honorable Court.

Petitioner therefore prays that the care and the custody of the said child may be handed over to her and as in duty bound she will ever pray, &c.

           Dated at Saint John's this 4^th day of March A.D. 1889.

Mary Dalton

Newfoundland
St. John's, S.S.          Mary Dalton of Saint John's aforesaid maketh oath and saith that the several matters set forth and contained in the annexed petition are correct and true to the best of this deponent's knowledge and belief.
Sworn before me at Saint John's                              Mary Dalton
this 4^th day of March A.D. 1889
Jos. P. Carty
Commissioner, SC

Petition of MargaretMary
Dalton for the care and
custody of the infant child
of the late Francis Burchell,
Engineer, deceased.

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 letters of guardianship to the infant son? of Francis Burchill late of Saint John's in the island of Newfoundland, Engineer, deceased to be granted to Margaret Dalton of Saint John's, spinster.
          Saint John's, Feby 9^th A.D. 1889
(SEAL)                                        F. J. Morris
REGISTRARS OFFICE            Proctor for ?? Margaret Dalton
ST. JOHN'S
FEB 9 1889
NEWFOUNDLAND
J.P.C.

Certificate

I certify that the within notice has been duly 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 other objection has been entered thereto.
          Dated at Saint John's this 12^th day of February A.D. 1889.
Jos. P. Carty
Asst. Clerk

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

The Petition of Margaret Dalton of Saint John's in the island of Newfoundland, Spinster,

Humbly Sheweth as follows.

          That Francis Burchell 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 nearer next of kin.
That at the time of his death deceased was possessed of property within the jurisdiction of this Honorable Court, money to the extent of One Hundred Dollars and furniture valued at about twenty dollars, all of which he handed to petitioner before his death.
That out of the same petitioner paid the expenses of the funeral of deceased and other outstanding amounts.
That previous to his death deceased gave over to the care and charge of petitioner his child, a girl of two years of age with instructions to send it to its Grandfather in Charlottetown, Prince Edward Island or in the event of his refusing to take the child to have it placed in Saint Michael's Orphanage, Belvidere.
That the said child at the time of the death of said deceased was staying in the care of a nurse named Quinn who now refuses to give up the same to petitioner.

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That previous to his death deceased informed Mr. William Keilly, painter, and Miss Hennessey his boarding mistress that he had left the child in the care and under the guardianship of petitioner.
That letters of administration to the Estate and effects of said deceased was granted to your petitioner on the 1^st day of February Anno Domini One Thousand Eight Hundred and Eighty Nine.
Petitioner therefore prays that letters of guardianship for the said child of deceased may be granted to her and as in duty bound will every pray &c.
Dated at Saint John's this 9^th day of February A.D. 1889

Mary Dalton

Supreme Court

Newfoundland
Saint John's, S.S.
Margaret Dalton of Saint John's aforesaid, Spinster, the petitioner named the foregoing petition maketh oath and saith that the several matters and things contained therein are correct and true to the best of her knowledge and belief.
Sworn before me at St. John's                              Mary Dalton
aforesaid this ninth day of Febuary
A.D. 1889.
Jos. P. Carty
Commissioner, S.C.

Petition of Mary Dalton for
guardianship to the infant child
of Francis Burchell, deceased.

Order to appoint of said Mary
Dalton to be such Guardian as
prayed for.
J. J.Little
A. J.