Michael Carew
          1889

Estate of Michael Carew 1889
From LDS microfilm #2057543

Certificate
----------

I hereby certify that the notice on the other side hereof written 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
August 9^th 1889
Geo. J. Adams
Actg C.C. & Reg.

Notice
----------

After three days from date hereof application will be made to the Supreme Court or one of the Honorable the Judges thereof for Probate of the Will of Michael Carew late of St. John's, Fisherman, deceased, to be granted to the Reverend John Ryan, the Executor named in said Will.
(Stamp)                                        St. John's, Nov 17/88
REGISTRARS OFFICE              M. H. Carty
ST. JOHN'S                                  Proctor for Executor
NOV 17 1888
NEWFOUNDLAND

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

The Petition of the Reverend John Ryan of St. John's, Roman Catholic Clerbyman

Humbly Sheweth

That Michael Carew of St. John's aforesaid, fisherman, departed this life at St. John's aforesaid on or about the 29^th day of October last, having previously made his last Will and Testament which has been duly proved and is hereto annexed marked "A".
That the said deceased appointed your petitioner Executor of his said Will.
That the said deceased was at the time of his death possessed of goods and chattels of the probable value of Fifty dollars.
That no Probate to the Will of said deceased or Letters of Administration to his said Estate has been taken out or applied for.
Your Petitioner therefore prays that Probate to said Will be granted to him.
And as in duty bound he will ever pray.
St. John's, August 9^th A.D. 1889

John Ryan

Supreme Court

St. John's
To Wit
Reverend John Ryan the foregoing petitioner maketh oath and saith that the contents of the said petition are just and true to the best of this deponent's knowledge and belief.

Sworn before me at                                                  John Ryan
St. John's aforesaid
this 9^th day of August
A.D. 1889
Jos. P. Carty
Commissioner

1889

Supreme Court
Probate Side

In the matter of the Will of
Michael Carew of St. John's
Fisherman, Dec^d

Petition of Revd John Ryan
for Probate.

Fiat
R. J. Pinsent
J.

(Stamp)
REGISTRARS OFFICE
ST. JOHN'S
AUG 10 1889
NEWFOUNDLAND

(Written to the right of the above:)
          2.50
???     1.00
          3.50

This is the last Will and Testament of me, Michael Carew, of St. John's, fisherman. I give and bequeath all the property which I may be possessed of at the time of my death to the Reverend John Ryan of St. Patrick's, Riverhead, in trust for the benefit of my three children - Michael, John and Agnes Maud. I appoint the said Reverend John Ryan Executor of this my Will and guardian of my children and I desire my said Executor to have my said children brought up in the Roman Catholic Religion and if possible to have them placed in the Orphanages of Villa Nova and Belvidere.
Dated at St. John's this 14^th day of July A.D. 1888.
Sworn by the said Testator as and for
his last Will and Testament in the                                        Michael his X mark Carew
presence of us who in his presence
at his request and in the presence
of each other have hereunto
subscribed our names as witnesses
(and having been first read over
and explained).
Joseph P. Denieff
A. P. Gibbs
M. H. Carty

Will of M'l Carew

SUPREME COURT OF NEWFOUNDLAND

ST. JOHN'S
TO WIT
Michael P. Gibbs of St. John's, Student at Law, maketh oath and saith that on the fourteenth day of July A.D. one thousand eight hundred and eighty eight at St. John's aforesaid he, this Deponent, was present and did see Michael Carew, late of St. John's, fisherman, 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 Joseph P. Denieff and Michael H. Carty the other subscribing witnesses thereto. That Deponent and said Joseph P. Denieff and Michael H. Carty 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 Joseph P. Denieff and Michael H. Carty and that at the time of the said execution of the said Will and Testament 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                                        M. P. Gibbs
aforesaid, this 19^th day of
November A.D. One Thousand
Eight Hundred and Eighty Eight.
Geo. J. Adams
Commissioner

In the Supreme Court

Newfoundland
St. John's, To Wit
          Mary Carew of St. John's, widow, maketh oath and saith that Reverend John Ryan of St. John's aforesaid, Roman Catholic Clergyman, placed in the care and keeping of this deponent John Carew, infant son of Michael Carew deceased. That the said child was well cared and provided for by this deponent. That on the 5^th day of August last past the said child was taken from the door of this deponent's house by Louisa Carew mother of said child who refuses to deliver him up.
And this deponent verily believes that the mother of said child has no visible means of support or maintenance for him.

Sworn before me at                                                  Mary her X mark Carew
St. John's this seventh day
of September A.D. 1889 [having
been first read over and explained].
Alexr J. W. McNeily
Comm. SC

Supreme Court

Revd J. Ryan
Guardian
re
Louisa Carew

Affdt Mary Carew

Supreme Court

Newfoundland
St. John's To Wit          Louisa Carew of Saint John's widow maketh oath and saith that the affidavit of the Reverend John Ryan and of Mary Carew have been read over to her. That deponent was no party to any understanding by which the said child John Carew was to be placed in the care and keeping of his grandmother. It is not true that the said child was forcibly taken away from his grandmother nor that the said child was well provided for. This deponent is able and willing to support the said child and claims that she is the proper person to have charge of him. The said child when he came to this deponent on the fourth day of August past was in a miserable and filthy condition and appeared to have been ill-used.

Sworn before me at St. John's                                        Louisa her X mark Carew
this thirteenth day of September
A.D. 1889 (having first been read
over and explained.
Alexr J. W. McNeily
Commissioner, S.C.

Supreme Court

In re Custody of
John Carew, an infant.

Affidavit of Louisa Carew

(Stamp)
WINTER, MORISON & HAYWARD
BARRISTERS
SOLICITORS
AND NOTARIES
ST. JOHN'S, NEWFOUNDLAND

Supreme Court

In the Matter of John Carew,
an infant of the age of about
two years and ten months.

Upon reading the Affidavits of the Reverend John Ryan, Roman Catholic Clergyman, Mary Carew and Louisa Carew, the order (then read)???? ???? by me in this matter on the 9^th day of September inst and hearing Counsel for the parties, also having had inspection of the said Infant, I do order having regard to the tender age of the said Infant, and the practice in like cases that the said Infant shall remain in the care and custody of his Mother, who is asking therefor, until the further order of this Court; and that when capable of receiving religious education he be brought up as a member of the Roman Catholic faith. And I further order that the said Reverend John Ryan, Testamentary Guardian appointed by the last Will and Testament of the late Michael Carew deceased, father of the said

Page 2

Infant, have both reasonable and proper access to the said Infant.
St. John's, 16^th September 1889

R. J. Kent Esq. J. C.                              F. B. T. Carter
Counsel for Petitioner                             Ch. Justice
D. Morison for the Mother.

Supreme Court

In the Matter of the
Infant John Carew.

Order of Chief Justice

(Stamp)
REGISTRARS OFFICE
ST. JOHN'S
OCT 7 1889
NEWFOUNDLAND

In the Supreme Court

Revd John Ryan,
Guardian
       vs
Louisa Carew
Upon reading the affidavits of Revd John Ryan and Mary Carew and last Will and Testament of Michael Carew, late of St. John's, Fisherman, deceased and upon hearing Mr. Gibbs for said Revd John Ryan, I do order that Louisa Carew or her counsel to shew cause before me in chambers at the Court House, St. John's on Friday the 13^th day of September instant at 11 o'clock A.M. why she should not deliver up the custody and possession of John Carew, infant child of the said deceased to the said Revd John Ryan, Testamentary Guardian of the said child appointed under the Will of the said deceased which has been duly admitted to Probate, and why a writ of Habeas Corpus should not issue to compel delivery as aforesaid.
St. John's the 9^th September A.D. 1889.
F. B. T. Carter
Ch. J.

Sup Court

In the matter of the
Infant John Carew

Rule ???

Michael Carew
          1889

Estate of Michael Carew 1889
From LDS microfilm #2057543

In the Supreme Court

Newfoundland
St. John's To Wit
Reverend John Ryan of St. John's Roman Catholic Clergyman, maketh oath and saith that on the 14^th day of July A.D. 1888 Michael Carew of St. John's aforesaid, deceased, did by his last Will and Testament give and bequeath unto this deponent all the property which he, the said Testator, died possessed of in trust for the benefit of his three children - Michael, Angnes (sic) and John. - And appointed this deponent Executor of said Will and Guardian of his said children. That Probate to the Will of the said Testator was granted to this deponent on the 10^th day of August A.D. 1889.
That two of the said children have already been provided for. That John, the third and youngest of the said children was placed in the care and keeping of his grandmother Mary Carew by this Deponent. But the Widow of the said Testator and mother of said children has, contrary to the understanding of all parties and against the wish or orders and solicitations of this deponent, forcibly taken away said child from his grandmother

Page 2

and refuses to deliver him up thereby preventing this deponent from providing for said child and from carrying out the wishes of said Testator.
The said child is between three and four years of age and was well provided for.

Sworn before me at St. John's                                        J. Ryan
this 7^th day of September A.D.
1889.
Alexr  J. W. McNeily
Commissioner S.C.

Supreme Court

Revd John Ryan,
Guardian
vs
Louisa Carew

Affdt of Rev. J. Ryan

(Written to the right of the above:)
Will ??? July/88
??? ??? ???/88
??? ??50

(and written to the right of the above:)
Revd John Ryan
Ex & Guardian of
children to be brought
up in the R. C.
religion.

NEWFOUNDLAND
In the Supreme Court

AFFIDAVIT.
----------

You shall swear that you believe this to be the true last Will and Testament of Michael Carew late of St. John's in the Central District of Newfoundland, fisherman, 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 Michael Carew, deceased, and of which he died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of  Seventy Dollars.

So help you God.

Sworn before me, at St. John's
this 9^th day of August A.D. 1889.
Jos. P. Carty
Commissioner of Affidavits, Supreme Court

1889

Estate of Michael Carew
late of St. John's
in the Central District,
Fisherman, deceased.

Dated 10^th August 1889

Probate granted to the Rev.
John Ryan, the Executor
named in the Will.

Estate sworn under $70.00