James Maher
          1894

Estate of James Maher 1894
From LDS Microfilm #2057392

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

NEWFOUNDLAND, }
To WIT:                        }

I Philip Mullowney of Holyrood do swear that I believe this to be the Last Will and Testament of James Maher of Holyrood aforesaid Farmer and I do further swear that I will pay all the Debts and Legacies of the said deceased so far as the Goods shall extend, and the law shall bind them, and that I will exhibit a full, true 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 I shall be lawfully called thereto. And I do further swear that the whole of the Goods, Rights, Chattels, Assets, Credits and Effects of the said James Maher, deceased and of which he died possessed, do not, according to the best of my -------- knowledge, judgment and belief, amount to the value of one thousand dollars.

So help me God.

Sworn before me, at Holyrood }
this 16^th day of                          }          Philip Mullowney
July A.D., 1894                         }

John Veitch
Commissioner of Affidavits.
Supreme Court.

1894

Estate of James Maher
late of Holyrood
Northern District
Farmer deceased.
-------

Probate granted to
Philip Mullowney
of Holyrood
Northern District
the Executor named
in the Will Codicil

Dated 6^th August 1894

Estate sworn under $1000⁰⁰

I hereby certify that the notice written on the face hereof has been duly posted in the office of the Chief Clerk and Registrar of the Supreme Court for the space of three days as is required by Solicitors Act 11?y order XLVI &1(?)
          Dated at St Johns this 3^rd day of June^July AD 1894

Jos. P. Carty
A.C.of.C.

Notice

After three days from the date hereof application will be made to the Supreme Court or one of the Judges thereof for a grant of probate of the will of James Maher of Holyrood Forever to Philip Mullowney of Same place the Executor in the said will named
          Dated at St Johns this 19^th day of June AD 1894
                                                  J & J Kent
June 19 1984                           Solicitor for said Executor
J.P.C.

A

In the name of God Amen.
I James Maher of Holyrood farmer being sick and weak of body but of sound mind and memory do make this my last Will and testament all previous Wills of Mine being revoked
1^st     I order ^my land property to be equally divided in Three equal parts. The South West protion of it I bequeath to my grand Son William Maher (My Son William Eldest Son) The Middle part I bequeath to my daughter Eliza Maher and the North East part I bequeath to my son James Maher. Two Cows and a Calf I own I order they be sold for Masses and any other expenses that may attend me. I order my horse to be sold and? And the money realized by the sale shall be given to My daughter Eliza Maher. I give and bequeath My Box car and dray cart wheels & Sleigh to my son William Maher. I give and bequeath my carriage to my son James Maher. I give and bequeath my house to my daughter Eliza Maher and my grandson William Maher (of William) lots to be drawn by them for their choice of either end of the house but in case my daughter Eliza Maher gets married she forfeits her claim to the house.
I give and bequeath to my grand son William Maher above mentioned my feather bed. I also give and

Note: Written sideways in left margin: "This is the paper writing marked A referred to in the affidavit hereto annexed Philip Mullowney Holyrood this 26^th day of June AD 1894" J.P.C.

Page 2

And bequeath the other bed or bedding and other furniture to my daughter Eliza Maher while she remains single. should Eliza get married my grand son William Maher (son of William) is to have the house and all the furniture belonging to it.
Signed Sealed and                              James ^{his X mark} Maher
delivered in the presence }
of the Testator and in       }          Witness Philip Mullowney
the presence of each         }          John Veitch
other having been first     }
read over to the said         }          Jas Lewis
Testator
Dated at Holyrood
this 16^th day of May
A.D. 1894

- B -
I Appoint Mr. Philip Mullowney
the witness to the above Will to be
my executor

Witness  John Veitch
               Jas Lewis

Note: Written sideways in left margin: "This is the paper writing marked B referred to in the affidavit hereto annexed.
Dated at Holyrood this 24^th day of July 1894
John Veitch
Jas Lewis

Mr James      Maher
May 16^th/94    Will.

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

NEWFOUNDLAND, }
To WIT:                       }
I Philip Mullowney -------------------------- of Holyrood Conception Bay --------------------------------------------
------------------------------------------------------------ make oath and say that on the sixteenth ------ day of May --------- A.D. One Thousand Eight Hundred and ninety-four ---------------------- at Holyrood aforesaid ------------------- I was present and did see James Maher ------------------- late of Holyrood afore-said Farmer ------------------- the Testator --- named in the paper writing hereunto annexed, marked A, duly sign, (by making his mark) publish and declare the said annexed paper writing, as and for his last Will and Testament in my presence and in the presence of John Veitch and James Lewis -------------------the other subscribing witnesses thereto. --- That I and said John Veitch and James Lewis -------- then and there signed our names to such Will as such witnesses, in presence of the said Testator and of each other. That previously to the said Will being so sign-ed, 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 me and the said John Veitch and James Lewis -------------------- 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 know-ledge and belief.

Sworn before me, at Holyrood afore- }          Philip Mullowney
said this 20^th day of                             }
June A.D. One Thousand                     }
Eight Hundred and Ninety-four           }
John Veitch J.P.
Commissioner of Affidavits,
Supreme Court.

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

NEWFOUNDLAND, }
To WIT:                       }
I James Lewis of Holy-rood Conception Bay make oath and say that on the 16^th day of May A.D. One Thousand Eight Hundred and ninety-four at Holyrood aforesaid I was present and did see James Maher late of Holyrood afore-said the Testator named in the paper writing hereunto annexed, publish and duly sign, (by making his mark) publish and declare the said annexed paper writing ^{marked B} as and for ^{a codicil} to his last Will and Testament in my presence and in the presence of John Veitch the other subscribing witness --- thereto. That I and said John Veitch then and there signed our names to such Will^codicil as such witnesses, in presence of the said Testator and of each other. That previously to the said Will^codicil being so sign-ed, 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 me and the said John Veitch and that at the time of the said execution of the said Will ^codicil the said Testator was of sound and disposing mind, memory and understanding to the best of my know-ledge and belief.

Sworn before me, at Holyrood          }
this 24^th day of                                   }          Jas Lewis
July------------- A.D. One Thousand  }
Eight Hundred and Ninety-four         }
John Veitch
Commissioner of Affidavits,
Supreme Court.

To the Honorable the Supreme
Court or any one of the Hon-
orable the Judges thereof.

The petition of Philip Mullowney of Holyrood Conception Bay

Humbly Sheweth

1. That James Maher of Holyrood aforesaid Farmer died there on or about the 25^th day of May last past having first duly made and executed his last will and testament.
2. That the said James Maher was possessed at the time of his death of property within the jur-isdiction of the Honorable Court to the probable value of $1000⁰⁰.
3. That the said James Maher left him surviving two sons and five daughters namely William Maher and James Maher, Mary Finlay wife of John Finlay St. Shoth, Catherine Coady wife of Michael Coady Fermeuse, Bridget O'Neil wife of John O'Neil Holyrood Liza Maher and  Margaret Harvey wife of Peter Harb^vey Halifax.
4. That in and by this said last will and testament the said testator nominated and appointed your petitioner to be sole executor thereof.

          Your petitioner therefore prays that probate of the said will be granted to him forth of this honorable Court and as in duty bound he will ever pray &c. &c. &c.
Dated at Holyrood this 9^th day of July AD 1894
Philip Mullowney

In the Supreme Court

In the matter of the           }
Estate of James Maher   }
formerly of Holyrood       }
Conception Bay deceased }
I Philip Mullowney of Holyrood Conception Bay make oath and say as follows
1 That I am the petitioner named in the petition written on the front hereof
2 That the several matters and things therein contained are just correct and
Sworn before me at       }
Holyrood this 9^th          }          Philip Mullowney
day of July AD 1894     }

          John Veitch
Commissioner Affidavit
Supreme Court

In the Supreme Court

In the matter of the Estate
of James Maher late of Holyrood
Farmer deceased and of this
application for probate of the will
-------

Petition and affidavit of
P. Mullowney Executor
-------

Fiat
Jos. I. Little
J.

Seal of J & J Kent affixed at bottom left

The following recorded to the right of above:
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