John Kersey 1889

Estate of John Kersey 1889
From LDS microfilm #2057543

Supreme Court of Newfoundland
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ST. JOHN'S
To Wit          } I do swear that I believe that John Kersey, late of Portugal Cove in the Island of Newfoundland, Farmer, aforesaid, deceased died with 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 two hundred and twenty dollars.

Sworn before me, at St. John's                                        Thomas Kersey
this 25^th day of  July A.D. 1889.

Geo. J. Adams
Commissioner of Affidavits

1889

Estate of John Kersey
late of Portugal Cove
in the Central District,
Farmer, deceased.

Admin c.t.a. Granted to
Thomas Kersey of
Portugal Cove, farmer.

Dated 5^th August 1889

Sureties
Edward Phelan
John Gladney

Estate sworn under $220⁰⁰/₁₀₀

I certify that the within notice has been duly posted in this office from the day of the date thereof until this date & that no caveat or other objection has been entered thereto.
Dated at St. John's this 25^th day of July A.D. 1889.

Jos. P. Carty
Asst. Clerk

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 cum testamento annexo of the estate and effects of John Kersey late of Portugal Cove Road in the Central District, Farmer, deceased, to be granted to Thomas Kersey, son of said deceased.
Dated at Saint John's this 20^th day of July A.D. 1889.
G. J. A.                              Morris & Morris
Act CC & Reg                   Proctors for said
                                           Thos. Kersey.

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

The petition of Thomas Kersey of Portugal Cove in the Central District, Farmer, humbly sheweth as follows:
That John Kersey late of Portugal Cove Road aforesaid, farmer, died at the above place on or about the 12^th day of June A.D. 1884 having previously made his last will and testament which is hereto annexed, proven on the oath of John Gladney, one of the subscribing witnesses thereto.
That under the said will no executor was appointed.
That said deceased left him surviving a widow and three children namely Ellen wife of John ???? and Ann wife of Peter Finn and your petitioner.
That at the time of his death, deceased was possessed of property within the jurisdiction of this Honorable Court of the probable value of two hundred dollars.
Petitioner therefore prays that administration cum testamento annexo to the said estate may be granted to him and so in duty bound he will ever pray.
Dated at St. John's this 25^th day of July A. 1889.

Thomas Kersey

Newfoundland
St. John's SS
Thomas Kersey of Portugal Cove Road of Saint John's in the island of Newfoundland maketh oath and saith that the several matters and things therein contained are correct and true to the best of this deponents knowledge and belief.

Sworn before me at Saint John's                                        Thomas Kersey
this 25^th day of July A.D. 1889.
Jos. P. Carty
Commissioner

In the name of God, Amen.
The last will and testament of John Kersey, Farmer, made this 26^th day of May in the year of our Lord one thousand eight hundred and eighty four, I John Kersey being now in a sound and perfect state of mind and memory, but at the same time being very sick and in a very imperfect state of bodily health, and knowing that it is appointed for man once to die, do hereby make this my last will and testament, and dispose of my worldly substance while I have power and capacity to do so,
First, I do will and bequeath my soul unto Almighty God who gave it me and my body I leave to the disposal of my wife and friends for Interment.
Secondly, I do will and bequeath unto my beloved wife Anastasia my dwelling house, household furniture, out houses, live stock, consisting of one horse, two cows, together with my farm situated at Winter Lake to have and to hold and to enjoy during her natural life will full power and authority to manage as she now does without hindrance or molestation from any of her children providing that she, my wife Anastasia shall not ???? sell or mortgage a part or the whole of the above property.
Thirdly, I do will and bequeath that after the death of my wife Anastasia as aforesaid all the above mentioned property to my son Thomas to have and to hold and his heirs for ever providing he shall behave a good and faithful son to his Mother.

Page 2

Fourthly, I do will and bequeath unto my two daughters Ellen and Ann ten pounds each after the death of my wife Anastasia my son Thomas becomes owner of the aforesaid property, he my son Thomas must pay unto my two daughters Ellen and Ann ten pounds each as their share of the property and that is all they are to get for ever out of said property and my son Thomas must have two masses said for our souls a year for six years. My wife Anastasia can will and bequeath her bed and beding to which of my daughters she likes at her death. My son Thomas must pay my two daughters Ellen and Ann £2.10 each  after my death a year for four years and that is all they are to get out of the aforesaid property for ever.
Signed, sealed, published and declared by the said John Kersey in our presence who in the presence of each other and at his request hereunto subscribe our names the day and year first above written.

Witness                                        John^hisX_markKersey
Edward Phelan
Thomas Kersey

Sealed

SUPREME COURT OF NEWFOUNDLAND

ST. JOHN'S
TO WIT
Edward Phelan of Portugal Cove Road, Farmer, maketh oath and saith that on the 26^th day of May A.D. one thousand eight hundred and eighty four at Portugal Cove Road he, this deponent, was present and did see John Kersey, late of  Portugal Cove Road the Testator named in the paper writing hereto annexed, (by making his mark) duly sign publish and declare the said annexed paper writing as and for his last Will and Testament in the presence of this Deponent and of Thomas Kersey the other subscribing witness thereto. That Deponent and said Thomas Kersey then and there signed their names to such Will as such witnesses in the presence of the said Testator and of each other 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                                        Edward Phelan
aforesaid this 25^th day of July
A.D. One Thousand Eight
Hundred and Eighty Nine.

Jos. P. Carty
Commissioner

Petition of Thomas Kersey
for administration cum
testamento annexo to the
estate of John Kersey, farmer,
Portugal Cove Road, deceased.

Fiat papers to issue on Widow's
written affidavit to this
application being made.
J. J. Little
A.J

(Stamp)
REGISTRARS OFFICE
ST. JOHN'S
JUL 25 1889
NEWFOUNDLAND
July 25/89

In the matter of the Estate of
John Kersey, late of Portugal
Cove Road in the Central
District, farmer, deceased.

I, Anastatia Kersey, widow of John Kersey late of Portugal Cove Road in the Central District, Farmer, deceased, do hereby consent to letters of administration cum testamento annexo of the estate and effects of my said husband being granted to Thomas Kersey, my said son.
Dated at Portugal Cove Road this 25^th day of July A.D. 1889.

Witness:                                                  Anastatia^herX_markKersey
John Gladney
having been first read
over and explained.

Supreme Court of Newfoundland
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BE IT REMEMBERED, That on this 25^th day of July in the Fifty Third 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 Thomas Kersey of Portugal Cove in the Island of Newfoundland, Farmer, Edward Whelan of Portugal Cove Road, Farmer and John Gladney of same place, School Teacher 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 four hundred and forty 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 Thomas Kersey as Administrator cum testamento annexo of the Estate and Effects of John Kersey late of Portugal Cove, 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 him the said Thomas Kersey as such Administrator or to the hands or possession of any other person, or persons, for him and the same so made do exhibit, or cause to be exhibited, in the Supreme Court of Newfoundland, at or before the 25^th day of January 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 him the said Thomas Kersey or to the hands or possession of any other person or persons for him shall well and truly administer according to Law, and further shall make, or cause to be made, a just and true account of his said Administration, on or before the 25^th day of July which will be in the Year of Our Lord One Thousand Eight Hundred and Ninety and afterwards from time to time as he 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                                        Thomas Kersey (Seal)
in presence of                                               Edward Phelan (Seal)
Geo. J. Adams                                            John Gladney (Seal)
Commissioner