Charles Kickham
          1894

Estate of Charles Kickham 1894
From LDS Microfilm #2057392

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 Charles Kickham late of St. John's Architect deceased to be granted to the Very Reverend John Scott and James D Ryan of St John's grocer the Executors named in said will.
          St. John's Dcember 11^th AD 1893

GIA ACofC                              W H Carty
Stamp of Registrar's Office     Solicitor for Executors
Affixed, dated 11 Dec 1893

Certificate
-------------

I hereby certify that the notice on 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.
          St John's January 17^th 1894

Jos P Carty
A.C.of. C

Stamp of Registrar's Office
Dated 17 Jan 1894, affixed here.

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

In the Supreme Court of Newfoundland.
---------------

NEWFOUNDLAND, }
St John's   To WIT:      }

          We do swear that We believe this to be the true Last Will and Testament of Charles Kickha(m) late of Saint John's in the Cent(ral) District Architect deceased (and We) do further swear that We will pay all the Debts and Legacies of the said (deceased) so far as his Goods shall extend, and the law shall bind us, and that (We) will exhibit a full, true and perfect Inventory of all and every the Goods, Rig(hts and) Credits of the deceased, together with a just and true account into the Registry of the Supreme Court of Newfoundland, when We shall be lawfully called thereto. And We do further swear that the whole of the Goods, Rights, Chattels, Assets, Credits and Effects of the said Charles Kickham, deceased and of which he died possessed, do not, according to the best of our knowledge, judgment and belief, amount to the value of Ten Thousand dollars

So help our God.

Sworn before me, at St. John's }          James D. Ryan
this 20^th day of                         }          J. Scott
February A.D., 1894                }
by the said James D Ryan
and John Scott
Jos P Carty
Commissioner of Affidavits,
Supreme Court.

(Note: Letters in brackets, above, are supposition from other like forms. There was a section torn from this Affidavit.)

1894
Estate of Charles Kickham
late of Saint John's
Central District
Architect deceased
-------

Probate granted to James D Ryan
And the Very Rev John
Scott
of St John's
Central District
The Executors named
In the Will.

Dated March 3, 1894

Estate sworn under $10000.00

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

The Petition of James D Ryan of St John Merchant

Humbly Sheweth

1. That Charles Kickham of St. John's Architect died at that place on or about the 27^th day of November AD 1893 having previously made his last Will and Testament which has been duly proved on the affidavit of Michael H. Carty and which is hereto annexed marked "A"
2. That the said Charles Kickham appointed the Very Revd John Scott and your petitioner Executors of his said will
3. That the said deceased was at the time of his death possessed of property within the Jurisdiction of your Honorable Court of the probable value of Ten thousand dollars
4. That no Probate to said will has been taken out or applied for
5. Your petitioner therefore prays that Probate to said will be granted to the said Very Revd John Scott and your petitioner And as in duty bound your petitioner will ever pray.

        St John's January 25^th AD 1893

James D. Ryan

Newfoundland

St John's }
To Wit     }

I James D Ryan of St John's Merchant do make oath and say

1. I am the petitioner named in the within petition
2. The contents of said petition are correct and true to the best of my Knowledge and belief

James D. Ryan

Sworn before me  }
at St John's afore- }
said this 25^th day  }
of January A.D.     }
1894                      }
Jos P Carty
Comm of C
--------------

In the Supreme Court of Newfoundland.
---------------

NEWFOUNDLAND, }
Saint John's to WIT:    }
I Michael H. Carty of St John's in the Central District Solicitor make oath and say that on the 25^th day of November A.D., One Thousand Eight Hundred and Ninety-two at Saint John's I was present and did see Charles Kickham late of St John's --------------------------- the Testator named in the paper writing hereunto annexed, duly sign, publish and declare the said annexed paper writing, as and for his last Will and Testament in my presence, and in the presence of George T Carty ---------------------------------------- the other subscribing witness thereto. That I and the said George T Carty then and there signed our 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 my knowledge and belief.

Sworn before me, at Saint John's }
this 25^th day of                             }          Michael H. Carty
January A.D., 1894                       }          ----------------------
Jos P Carty
Commissioner of Affidavits.

I Charles Kickham of St. John's Architect do make publish and declare this as and for my last Will and Testament
First I will and direct that all my just debts funeral and testamentary Expenses shall be paid by my Executors hereinafter named Second I give devise and bequeath to the Most Reverend the Bishop of St John's the sum of forty Eight dollars for the celebration of a high mass for the repose of my soul Also the further sum of One hundred dollars to be by him paid and applied as he may think best for the purpose of relieving me from blame for any weakness or unintentional wrong which I may have done to any one and to the Very Reverend John Scott the sum of sixty dollars for the celebration of masses for the repose of my soul and the soul of my late wife Margaret. These sums to be paid as soon as conveniently can be after my decease Thirdly I give and bequeath to the Society of St Vincent De Paul in St John's the sum of fifty dollars and to the Ladies St Vincent De Paul ----------------- Society
Witnesses,
M.H. Carty
George Carty                              Chas Kickham
-----------------

Page 2 of above.

Society in St John's the sum of fifty dollars said amounts to be in Each case paid to the President for the time being of the Society and to be applied by the Society to such charitable purposes as it may think proper Fourth I give devise and bequeath to the Convent of Mercy on the Military Road in St John's the sum of One hundred dollars to be paid to the Reverend Superioress for the time being for the use and purposes of the said Convent and to the Female Orphanage at Belvedere the sum of One hundred dollars same to be paid to the Reverend Superioress of St Michaels at Belvidere aforesaid and to the Superior in Newfoundland for the time being of the Order of Christian Brothers the sum of One hundred dollars for the use support and purposes of the said order in Newfoundland; Fifth I give devise and bequeath to my Godchild Sarah daughter of Michael Power of Cookstown in St John's Cooper the sum of one hundred dollars as separate Estate for her own sole use and benefit and to
Witnesses                                                  ------ my
M H Carty
George Carty                              Chas Kickham
------

Page 3 of above.

my friend Edward Rawlins of the Military Road the sum of One hundred dollars Sixth I give devise and bequeath to Mary Kenna and Ellen Kenna daughters of Patrick Kenna of Antigonish in Nova Scotia the sum of fifty dollars Each as separate Estate for their own sole use and benefit Seventh I give devise and bequeath to the Benevolent Irish Society of St John's the sum of One hundred dollars for the use and benefit of that Society and I desire that in consideration of this bequest my name shall be continued perpetually on the roll of Members of the said Society and that the said sum in some permanent security and Keep the same so invested and that the interest arising therefrom shall be annually paid into the funds of the Society at its annual meeting by the Treasurer for the time being of the said Society Eighth I give devise and bequeath to my housekeeper Matilda Williams the sum of Three hundred dollars
                                                            -------------- Ninth
Witnesses
M.H. Carty
George Carty                              Chas Kickham

Page 4 of above.

Ninth, As regards the rest residue and remainder of my Estate of Every description including my dwelling house and lands, Government debentures, bank stock, shares in the St John's Electric Light Company but Excepting and reserving nevertheless from this bequest the annuity herein after mentioned I give devise and bequeath the same to my Executors hereinafter named in trust for Ellen Joseph -called Nellie -Cuddihy daughter of Thomas Cuddihy and who I have since the death of my wife adopted for and during her natural life and I do authorize and Empower my said Executors to pay half yearly or as may be required out of the net annual income to the Guardians hereinafter named of the said Ellen Joseph such sum as they may deem necessary for her maintenance support and Education and after she shall have attained the age of twenty one years to pay the net annual income derived from my property invested by my said Executors to her and upon the
Witnesses                                                  ------------- further
M H Carty
George Carty                                        Chas Kickham

Page 5 of above

trust after the decease of the said Ellen Joseph should she die leaving lawful issue her surviving to convey and assign the said property as she may in and by any writing or by last will and testament direct and failing such directions then in trust for her said issue in Equal shares and proportions, but should she die without leaving issue then and in such case all lands houses tenements Estates and interests and properties and Each of them and Each and Every legacy bequest and benefit to her given or left under this my will or intended so to be shall be taken and held by my said Executors in trust for the ^{Reverend Superioress of the} Convent of Mercy on the Military Road in St John's or as she may direct in trust for the uses and purposes of said Convent And I do hereby nominate and appoint the Very Reverend John Scott of St John's and the Reverend Superioress for the time being of the Convent of Mercy on the Military Road aforesaid
Witnesses                                                  ------------ as
M H Carty
George Carty                                        Chas Kickham

Page 6 of above.

as Guardians of my said adopted daughter during her minority, And I do hereby Express my strong desire and wish that my housekeeper Matilda Williams shall reside with my said adopted daughter during her minority, And as the said Thomas Cuddihy has agreed to my proposal that my said adopted daughter should hence forward be Known and Called by and use the name of Ellen Joseph Cuddihy Kickham as her proper name. I do hereby make it a condition precedent to her becoming Entitled to or receiving the legacies or bequest or any of them or any part thereof hereinbefore and herein after given and bequeathed to her or in trust for her that she shall take and use the name of Kickham as her last and principle name in all deeds and writings and upon all occasions whatsoever until her marriage or becoming a professed nun. Tenth As regards the said Excepted and reserved annuity which is the annuity of Forty pounds currency [Equal to one hundred and sixty dollars] per annum payable to me and my assigns from the Estate
Witnesses                                                  ----- of
M H Carty                                        Chas Kickham
George Carty

Page 7 of above - Found to the right of Page 6.

Charles Kickham formerly of St John's aforesaid now deceased I will and bequeath the same to the Roman Catholic College of St Bonaventure in St John's to be received and taken by the President or other Superior for the time being having charge of the said College in trust to pay and apply the same annually in such way as he may think proper towards educating and preparing in the said College a Candidate or Candidates for the Priesthood of the Roman Catholic Church in Newfoundland Eleventh I give devise and bequeath my gold watch and the piano now in my dwelling house to my said adopted daughter Twelfth, I do hereby nominate and appoint my friends the Very Reverend John Scott aforesaid and James D Ryan of St John's afore-said Grocer as Executors of this, my will and Lastly I do hereby revoke annul and declare void all former and other wills by me made In Witness Whereof I have hereto set my hand to this my will consisting of Eight
Witness                                                            --------- pages
M H Carty
George Carty                                        Chas Kickham

Page 8 of above

pages including this one to Each of which I have set my hand in presence of the Subscribing Witnesses thereto at St John's aforesaid this twenty fifth day of November Anno Domini 1892
Signed published and                    }
Declared by the said Charles       }
Kickham as and for his                }
last Will and testament in             }
our presence who in his                }          Chas Kickham
presence and in the presence         }
of Each other have hereto             }
subscribed our names as               }
Witnesses to this and the               }
seven preceding pages of               }
this will on the day and                 }
year aforesaid The words              }
"Reverend Superioress of the" on 19^th}
line 5^th page having been first      }
inserted
Michael H Carty
--------------------
George Carty
--------

1894

In the Supreme
Court
----------------

In the matter of the
Will of Charles
Kickham of St John's
Architect dec.
--------------

Petition of James
D. Ryan for Probate
---------------

New (?)
Stamp of Registrar's Office
Dated 25 Jan 1894
Affixed
J.P.C.

Fiat
Jany 29/94
J.S. Winter J.