Philip Duggan
          1894

Estate of Philip Duggan 1894
From LDS microfilm #2057392

Supreme Court of Newfoundland.
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Be it Remembered, that on this 22^nd day of February in the Fifty Seventh 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 Ninety-four personally appeared
John P Kent of Saint John's Central District - Barrister-at-Law
Philip Cleary Sr. of St. John's Manager of Dry Dock
and Aiden McLoughlan of St. John's, Gentleman
and did acknowledge themselves to be held and firmly bound to Our Sovereign Lady the Queen, Her Heirs and Successors in the penal sum of Six Thousand 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 John. P. Kent - as Administrator Cum testament annexo de bonis Non ------------------------------------------------ of the Estate and Effects of Philip Duggan late of Saint John's aforesaid Merchant 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 John P Kent 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, into the Supreme Court of Newfoundland, at or before the 22^nd day of August 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 to the hands or possession of him the said John P. Kent 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 22^nd day of February which will be in the year of Our Lord One Thousand Eight Hundred and Niney-five 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 a due course of Administration, or in such 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          } John P. Kent
in the presence of                      } ------------------

Geo. J. Adams                             Philip Cleary
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Commissioner of Affidavits of the          Aidan McLoughlan
Supreme Court of Newfoundland.

Note: Seals affixed to the right of each signature.

AFFIDAVIT.
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In the Supreme Court of Newfoundland
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NEWFOUNDLAND,          }
Saint John's To Wit:             }

I do swear that I believe that Philip Duggan late of Saint John's in the Central District Merchant -------------------------------
-----------------------------------------------------
Deceased died with -------------- a will; and that I will well and truly administer all and every the Goods of the said deceased, ^{GJA, now unadministered GJA} and pay his Debts so far as his Goods will extend; and that I will exhibit a true, full and perfect Inventory of the said Goods of the deceased, and render a true account of my Administration into the Registry of the said Court, within Six months after 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, of which he died possessed, within the jurisdiction of this Court, ^{GJA and now unadministered GJA}, do not, according to the best of my knowledge, judgment and belief, amount to the value of Three Thousand ------------------------- Dollars.
So help me GOD

Sworn before me, at Saint John's    }
This 22^nd day of                              } John P. Kent
February A.D., 1894                       } -----------------

Geo. J. Adams
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Commissioner of Affidavits,
Supreme Court.

1894

Estate of Philip Duggan
late of Saint John's
in the Central District
Merchant deceased.
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c.t.a. d.b.n.
Admin granted to
John P. Kent
of St. John's
in the Central District.
Barrister at Law
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Dated
22^nd February 1894
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Sureties. Philip Cleary
Aidan McLoughlan
Estate sworn under $3000.00

I hereby certify that the notice written on the front hereof was duly posted in the office of the Chief Clerk and Registrar of the Supreme Court for the space of three days as required.
St. John's December 26^th 1893
Geo J. Adams
A.C.of C.
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Stamp affixed dated 23 DEC 1893.

Notice

After three days application will be made to the Honorable the Supreme Court or one of the Honorable the Judges Thereof for the grant of letters of administration de bonis non administratis of the late Philip Duggan deceased to John P. Kent of St. Johns Barrister at Law
St. Johns December 13^th A.D. 1893
James W Kent
Solicitor for applicant

Initials to the right of signature: GJA
K of C
Stamp of Registrar's Office, St. John's, Newfoundland
Dated 13 DEC 1893

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

The Petition of John P. Kent of St. Johns Barrister at Law

Humbly Sheweth

1. That Philip Duggan of St. John's Merchant died there in or about the year 1861 having first made and executed his last will and testament whereof he appointed John Fox and John Omara both of St. John's aforesaid Executors
2. That the said John Omara renounced his said Executorship and probate of the said will was granted to the said John Fox.
3. That both the said Executors are now deceased the said John Omara having died before the said John Fox.
4. That the said John Fox died in England on or about the year 1871 without having fully administered the Estate of the said Philip Duggan.
5. That the said John Fox in and by his last will and testament nominated and appointed Patrick Hayes and William Reach(?) both of London in England as executors thereof
6. That these executors are both resident in England aforesaid and have not been in this colony since the death of the said John Fox and have not nor has either of them ever applied for or taken out letters of administration in this Colony to the said Estate of Duggan and have and each of them both as petitioner is informed and verily believes on several occasions expressed them and his unwillingness to in anyway interfere with the said Estate of Duggan or its affairs.
7. That by reason of such unwillingness on their part and of the prudency of certain proceedings in this honorable Court in the result of which the said Estate of Duggan was concerned it became necessary to appoint an administrator of the said Estate prudente lite and James Hearne late of St. John's Merchant
   
   
   
8. Merchant the then agent and Manager of the said Estate of Duggan, was duly appointed And was afterwards in the month of May 1878 in fiat of M' Justice Hayward one of the Assistant Judges of this Honorable Court appointed administrator cum testament annexo de bonis non administratis of the estate of the late Philip Duggan
9. That the said James Hearne died in the Month of August following his said appointment without having fully admin-istered the said Estate
10. That for the purposes of protecting the interests of the said Estate and to effectuate certain sales that had there been made Robert J. Kent of St. John's Queens Council having succeeded to the Agency of the said Estate was on the death of the said James Hearne appointed administrator cum testament annexo de bonis non administrates by the said James Hearne of the said Estate of Duggan by grant of this honorable Court hearing date the 25^th day of August AD 1880.
11. That the said Robert J. Kent died at St. Johns aforesaid on the 29^th day of September last past without having fully admininstered the said Estate.
12. That there still remains of the said Estate unadministered property of the probable value of about $2500 to $3000
13. That for the protection of the interests of the Said Estate and to complete certain grants of Leases that have been made with the consent and approval of the parties interested in the affairs of the said Estate it is necessary that some one should be appointed to succeed the said Robert J. Kent as such administrator
14. That your petitioner after the decease of the said Robert J. Kent at the request of the said parties interested in the said estate took over the agency and management thereof and now is the Agent and Manager of this asset.
15. That since the death of the said Robert J. Kent no administration of
    
    
    the said Estate has been granted

Petitioner therefore prays that letters of administration with the will annexed of the goods and chattels of the said Estate of Philip Duggan still remaining unadministered may be granted unto him and as in duty bound he will ever pray &c          &c          &c
Dated at St. Johns this 11^th 4^th day of December January AD 1893
James W Kent          }
-------------------          }          John P. Kent
Solicitor for Petitioner}          ---------------

In the Supreme Court
In the matter of the will and          }
Estate of Philip Duggan? Late of St. }
Johns Merchant deceased               }

St. Johns SS          }
I John P. Kent of St. John's Barrister at Law make oath and say as follows:-

1. That I am the Petitioner in the above written petition named
2. That the several matters and things in the said petition continued are just correct and true

Sworn befor me at St. Johns          }
This 4^th day of December ^January AD 1894      } John P Kent
Geo. J. Adams
Comm of C.

Above change initialed GJA

------------------------------------------------------
Supreme Court

In the matter of the
Estate and will of late
Hon: P. Duggan formerly
of St. John's Merchant
deceased
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Petition for administration
C.T.A. d.bn.
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Fiat . see of Bonds? were ????? and? he appoints of late RJK in camera? (very difficult to read)
J.I. Little J.

J & J Kent
Solicitors