Ellen Galway
          1889

Estate of Ellen Galway 1889
From LDS microfilm #2057543

DSC05869

Newfoundland
In the Supreme Court

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

You shall swear that you believe this to be the true last Will and Testament of Ellen Galway, late of St. John's in the Central District of Newfoundland, widow, 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 Ellen Galway, deceased, and of which she died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of Two Thousand Dollars.

So help you God.

Sworn before me, at St. John's
this 28^th day of January A.D. 1889.                                        John Bogan

Jos. P. Carty
Commissioner of Affidavits, Supreme Court

1889

Estate of Ellen Galway
late of St. John's
in the Central District,
Widow, deceased.

Dated 2^nd April 1889

Probate granted to
John Bogan
the Executor named
in the Will.

Estate sworn under $2000⁰⁰/₁₀₀.

(Written just below the above:)
£9.⁰⁰

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 Ellen Galway, formerly of St. John's, widow, deceased, to be granted to the Executor therein named.
(GJA)
S. John's                              P. J. Scott
June 1, 1889                       Proctor

I certify that the notice on the other side hereof written was posted in my office on the day of the date thereof and has remained there since and that no caveat or other objection thereto has been filed.
St. John's, Dec 12^th 1888

Jos. P. Carty
Asst. Clerk

NEWFOUNDLAND

In the matter of the Estate of
Ellen Galway, late of St. John's,
widow, deceased.

          I Thomas O'Mara of St. John's in the Central District of the Island of Newfoundland, Shipwright, make oath and say
1^st. That I freely and voluntarily renounce as Executor of the last Will and Testament of Ellen Galway, late of St. John's, widow, deceased.
2^nd. That I have not in any way acted as Executor of the said Will or in any way intermeddled with her Estate.

Sworn before me at St. John's                                        Thomas O'Mara
this 19^th day of September A.D. 1888.

Prescott H. Emerson
Commissioner

SUPREME COURT OF NEWFOUNDLAND

ST. JOHN'S
TO WIT

Patrick J. Scott of St. John's, Solicitor, maketh oath and saith that *on the _______ day of_____  A.D. one thousand eight hundred and eighty ____ at St. John's he, this deponent, was present and did see Ellen Galway late of St. John's, the Testatrix named in the paper writing hereto annexed, duly sign (by making her mark) publish and declare the said annexed paper writing as and for her last Will and Testament in the presence of this Deponent and of John R. Boggan the other subscribing witness thereto. That Deponent and said John R. Boggan then signed their names to such Will and such witnesses in the presence of the said Testatrix and of each other. That previously to the said Will being so signed as aforesaid by the said Testatrix and the said witnesses, it was read over to, and approved of by the said Testatrix in the presence of Deponent and the said John R. Boggan and that at the time of the said Execution of the said Will the said Testatrix 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,                              Patrick J. Scott
aforesaid, this 26^th day of October
A. D. One Thousand Eight Hundred
and Eighty Seven.
Geo. J. Adams
Commissioner, Supreme Court
*Initials GJA in left margin.

In the Name of God, Amen. I Ellen Galway of St. John's, Newfoundland, widow, make this my last Will and Testament. After the payment of my just debts, funeral and testamentary expenses, I give devise and bequeath to my Executors hereafter named all my right, title and interest in and to the lease of the land held by my late husband, the late William Galway, deceased, from Deaborne's on Water Street, St. John's, and all buildings and erections on said land; and also all that piece of land bounded by the land held under said lease on the Southward and by George Street on the Northward which letter is my fee simple property, and also all that piece or parcel of land situate near Denis Walsh's on Topsail Road and formerly held by one Doyle under Crown Grant. And also all other property, goods, chattels and effects of which I may be possessed or entitled to at the time of my death, in trust to take and use and  apply the same to the use and behoof of my four beloved daughters, Joanna Galway, Mary Galway, Katie Galway and Maggie Galway, free and clear of the debts, liabilities or control of any husband they may have. I  nominate my friend Thomas O'Mara of St. John's, Shipwright and John R. Boggan of same place, Cooper, to be my Executors.

Ellen^herX_markGalway

(written in side margin)
Signed and executed in presence of us, who in presence of each other and of the said Testatrix and at her request sign as attesting witnesses (the same having been first read over and explained).
Patrick J. Scott
John R. Bogan

Last Will of
Ellen Galway

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

The petition of John R. Boggan of St. John's

Humbly Sheweth

That the late Ellen Galway, formerly of St. John's in the Central District, widow, died on the eighteenth day of October in the year of Our Lord one thousand eight hundred and eighty seven having made her last will and testament hereto annexed, whereby she appointed Thomas O'Mara and your petitioner as Executors.
That the said Thomas O'Mara has renounced said executorship in formal manner.
That up to the present time your Petitioner has not in anywise intermeddled with the Estate of said Testatrix.
That so far as your Petitioner is informed and as he verily believes the said Estate is insolvent.
That the assets of the said Estate, which were at the time of the death of the Testatrix, consisted of household and other land, houses and tenements and stock in trade and household goods and furniture and were of the probable value of about Two Thousand Dollars.
That neither Letters of Administration to said estate nor Probate of said will have been hitherto granted.
That Petitioner in order to arrange affairs of said Estate is willing to undertake the office

Page 2

of Executor of said Estate and therefore humbly prays that Probate of said Will may be granted to him and for which as in duty bound he will ever pray.

John R. Bogan

Newfoundland

St. John's
to wit
John R. Boggan of St. John's, the foregoing Petitioner, maketh oath and saith that the matters and things set forth in the foregoing petition are correct and true to the best of his knowledge and belief.

Sworn before me at St. John's                                        John R. Bogan
this 10^th day of December A.D.
1888.

Jos. P. Carty
Commissioner, SC

Supreme Court

In re Estate
Ellen Galway
deceased.

Petition of
J. R. Boggan for Probate.

Fiat for Probate
J. J. Little
A. J.

(Written to the right of the above:)
???          3.75
???            .10
Copy         .50
Reg           .50
???          1.50
Afft           .75
Proof       1.50
                9.00
???           ????

To the Honourable the
Supreme Court or to one of the
Honourable the Judges thereof

The petition of John B. Ayre of Saint John's, Baker

Humbly Sheweth

That Ellen Galway late of Saint John's, Widow, died there in the month of            last having previously executed her last will and testament which has been filed in this Honourable Court and of which she appointed John R. Boggan of Saint John's, Cooper, and Thomas O'Mara of the same place, Shipwright, Executors.
That the said Ellen Galway at the time of her death was indebted to your Petitioner and George Ayre, trading under the firm of "J. B. and G. Ayre" in the sum of seventy six dollars and forty cents.
That the said Executors have not taken Probate of the said will nor has Administration with the will annexed, or otherwise, of the estate of said deceased been granted to any person.
That the said Ellen Galway at

Page 2

the time of her death was possessed of landed property and other property of the value of which your Petitioner is not aware.

Petitioner therefore prays:-
That the said Executors and the next of kin of said deceased may be cited to shew cause why the said Executors should not take Probate of the said will or in the event of their renouncing their Executorship, why administration of the estate of the said deceased, with the said will annexed or otherwise, should not be granted to such person as this Honourable Court or one of Your Lordships may appoint and that such further order may be made herein as shall to justice appertain.
And as in duty bound Petitioner will ever pray &c &c.
Dated at St. John's this          day of April A.D. 1888.

John B. Ayre

In the Supreme Court

Newfoundland
St. John's, to wit
John B. Ayre of St. John's, Baker, maketh oath and saith that he is the petitioner named in the foregoing petition and that the several matters and things therein contained are correct and true.

Sworn before me at St. John's                                        John B. Ayre
this          day of April A.D. 1888.

Sworn before me at St. John's
this 26^th day of June A.D. 1888.

Geo. J. Adams
Commissioner, SC

In the Supreme Court

In the matter of the
Estate of Ellen Galway,
late of St. John's,
widow, deceased.

Petition of John B. Ayer

(Stamp)
REGISTRARS OFFICE
ST. JOHN'S
JUNE 27 1888
NEWFOUNDLAND