William McCarthy
          1894

Estate of William McCarthy 1894
From LDS Microfilm #2057392

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

NEWFOUNDLAND, } I, Samuel Joy of S^t John's
St. John's To WIT:       } in the Central District Cooper --------- ----------- do swear that I believe this to be the true Last Will and Testament of William McCarthy late of S^t John's Junk-Dealer deceased

I do further swear that I will pay all the Debts and Legacies of the said deceased so far as his Goods shall extend, and the law shall bind me, 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 William McCarthy, deceased, and of which he died possessed, do not, according to the best of my knowledge, judgment and belief, amount to the value of Six thousand Dollars

So help me God.

Sworn before me, at S^t John's }
this Tenth day of                       }                    Samuel Joy
February A.D., 1894                }

Geo. I. Adams
Commissioner of Affidavits. -------
Supreme Court.

1894
Estate of William McCarthy
late of S^t John's
Central District
Junk Dealer deceased
-------

Probate granted to Samuel Joy
of S^t John's
Cooper District
the Executor ----- named
in the Will

Dated 14^th Feb'y 1894

Estate sworn under $6000⁰⁰

This is the last will and Testament of me William McCarthy of S^t. Johns junk dealor, hereby revoking all former wills made by me. I give and bequeath my Leasehold interest in the Office Building now in the occupancy of the Hon. M. Monroe. Also my leasehold interest on the houses on Spring-dale Street and in the houses on George Street S^t. Johns aforesaid and also the Leases held by me of the Shop and Dwelling house at present in the occupancy of my son Thomas M^cCarthy together with the rest residue and re-mainder of the Land Chattels Property Moneys Estate and Effects of which I may die possessed to my brother Charles M^cCarthy now in the United States of America and in case the said Charles M^cCarthy should not sur-vive me then to his Children or their representatives Equally between them. I appoint Samuel Joy of S^tJohn's Cooper Executor to this my last will and Testament.
In Witness whereof ------------------- I have hereunto subscribed-ed my hand at S^t Johns aforesaid this thirteenth day of April in the year of Our Lord One thousand Eight - hundred and ninety two. ---------------------------------------

Signed published and                }
declared by the                            }          William McCarthy
said Testator as and for his last }
will and Testament in the           }
presence of us the subscribers   }
who in his presence abid at his  }
request and in the presence of   }
Each other hereunto subscribe  }
ourselves as witnesses               }
D.M. Browning
C. Wearing Hayward

To the Honourable the Supreme Court or one of Their Lordships the Judges thereof

          The Petition of Samuel Joy of Saint John's in the Island of Newfoundland Cooper

Humbly Sheweth

That William McCarthy of Saint Johns in the Island of Newfoundland Junk-dealer died at this place on the twenty ninth day of January AD One thousand eight hundred and ninety four.
That the Last Will and Testament of the said deceased is hereto annexed.
That at the time of his death the said testator was possessed of property and estate within the jurisdiction of your Honourable Court of the probable value of between Four thousand dollars and Five thousand dollars.
That your Petitioner has been appointed by the Last Will and Testament of the said deceased the Executor thereof and that no application for Probate or for Administration to the Estate of the said deceased has been previously made to Your Honourable Court
          Your Petitioner therefor humbly prays that Your Honourable Court or one of Your Lordships the Judges thereof will be pleased to grant unto him Probate of the said Will.
          And as in duty bound Your Petitioner will ever pray. At Saint John's aforesaid this fifth day of February A.D. 1894
Samuel Joy

Supreme Court

Newfoundland   }
St. John's to wit } I Samuel Joy of Saint John's Cooper, the Petitioner named in the foregoing Petition make oath and say that the several matters and things therein contained and set forth are correct and true.
Sworn before me at Saint     }
John's aforesaid this 5^th       }          Samuel Joy
Day of February A.D. 1894 }
Geo. I. Adams
Comm. of C.
--------------

In the Supreme Court

In the matter of
the Last Will and
Testament of William
McCarthy late of
St. John's Junk dealer
deceased

 The Petition of
Executor for Probate

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

NEWFOUNDLAND,   }
Saint Johns    To Wit:    }

I Charles Wearing Hayward of Saint Johns in the Island of Newfoundland Student-at-Law make oath and say that on the thirteenth day of April A.D., One Thousand Eight Hundred and Ninety-three at Saint Johns aforesaid I was present and did see William M^cCarthy late of Saint Johns aforesaid 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 D.M. Browning of Saint Johns aforesaid Barrister-at-law the other subscribing witness thereto. That I and said D.M. Browning 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 Johns }
This Eighth -------- day of            }          C Wearing Hayward
February A.D., 1894                    }

          Geo I Adams
Commissioner of Affidavits.

Supreme Court

In the matter of
the Will of William
McCarthy late of Saint
John's Junk-dealer
deceased.

The Petition of the
Executor for Probate and
Affidavit in proof of Will
order granted as
prayed for
Febr 8 1894     J.P. Carty
A.C.of C.

The following was found to the right of the above:
          3.75
            .50
          1.00
            .75
Copy   .75
??        .75
        $8.00

After three days application will be made to the Honourable the Supreme Court or one of Their Lordships the Judges thereof for Probate to the Will of William McCarthy late of Saint John's Junk-dealer deceased to be granted unto Samuel Joy of St John's Cooper the Executor named in the said Will
William C Hayward
Solicitor for Applicant
G.I.A
A.C. of C.

I hereby certify that the notice on the other side hereof has been posted in the office of the Chief Clerk & Registrar from the date hereof until this date and that no caveat or other objection has been entered thereto
Feby 8/94
Geo. I. Adams
            A.C. of C.