Arthur Milroy
1894
Estate of Arthur Milroy 1894
From LDS Microfilm #2057392.
Supreme Court of Newfoundland.
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Be it Remembered, That on this tenth day of October in the Fifty eighth 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 Sir Robert Thorburn of St John's in the Central District of Newfoundland, K.C.M.G. Merchant, The Reverend William Graham of same place, Clerk in Holy Orders Arthur S. Rendell of same place Merchant and James C. Tessier of same place, Merchant and did acknowledge themselves to be held and firmly bound to our said Sovereign Lady the Queen, Her Heirs and Successors, in the penal sum of Twelve 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 Sir Robert Thorburn and the Reverend William Graham ------------------------------------- shall duly and faithfully act as Guardian of the Estate and Effects of Arthur Milroy ------------------- a Minor under the age of twenty-one years,a person of unsound mind, and shall and do pay and dispose of such Estate 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 }
in the presence of } Robert Thorburn
Geo. I. Adams W Graham
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Comm. of c. A.S. Rendell
James C Tessier
Note: seals found to the right of each signature
Note: Initials GIA found to the left of the crossed out portion of this document.
1894
Estate of Arthur Milroy
of Montreal
a Minor person of unsound mind
Letters of Guardianship granted to
Sir Robet Thorburn K.C.M.G. and
Revd Wm. Graham
of
St John's
Dated 11th October 1894
Sureties Arthur S. Rendell
James C. Tessier
-------------------------
Bond for $12,00000
To the Honourable the Supreme Court or one of their Lordships the Judges thereof:
The Petition of Arthur Milroy of Saint John's in the Island of Newfoundland
Humbly Sheweth
That on the day of AD 1894 this Honourable Court appointed Sir Robert Thorburn and the Reverend William Graham as Guardians of the Estate of Your Petitioner
That when the said Letters of Guardianship to your Petitioners Estate were issued to the said parties Your Petitioner was absent from this colony and residing at Montreal.
That at the said time Your Petitioner was an inmate of the Verdun Hospital of that city.
That Your Petitioner returned to this colony in the month of June AD. 1895 and that hereunto annexed is an affidavit of Frederic Stabb of Saint John's Medical Practitioner
Your Petitioner therefore humbly prays that Your honourable Court or one of Your Lordships the Judges thereof will be pleased to vacate the said Letters of Guardianship granted to the said Sir Robert Thorburn and the Reverend William Graham
And as in duty bound Your Petitioner will ever pray
At Saint John's aforesaid this Sixth day of August AD 1895
Arthur Milroy
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Newfoundland }
St John's to Wit } I Arthur Milroy of Saint John's aforesaid make oath and say that I am the Petitioner named in the foregoing Petition and that the several matters and things therein contained are correct and true.
Sworn before me at St }
John's aforesaid this 6th } Arthur Milroy
Day of August AD 1895 } ------------------
Alexr J.W. McNeily
--------
Comm of. C.
----------------
Supreme Court
In the matter
of the Estate
of Arthur Milroy
Filed Aug 6: 1895
AJW McN
------
CC&R
------
The Petition of
Arthur Milroy for the
removal of the Guardians
Note: Following written sideways to the left of the above:
Before I will sign the necessary orders as prayed, this ?? of Jul Aug 8/95 J.I.W.
I Frederic A. Stabb
of Saint John's aforesaid Practising
Physician make oath and say that
I have examined and J.P.C. been professionally con-
(crossed out words, not decipherable) sulted by Arthur Milroy. That I am of the opinion that the said Arthur Milroy is of sound mind and capable of managing his own affairs.
Sworn before me at St. }
John's aforesaid this } Fred A. Stabb
6th day of August }
Jos P Carty
Comm of C
--------------
To the Honorable the Supreme Court or one of the Honorable the Judges thereof.
The Petition of Sir Robert Thorburn of Saint Johns in the island of Newfoundland, Knight and the Revd William Graham of the same place clerk in Holy orders Humbly sheweth as follows
That Arthur Milroy formerly of Saint Johns aforesaid accountant is now of unsound mind and has been so at times for the past two or three years as will more fully appear from the accompanying certificates of John FalkK McKenzie and Hy Shea esquires medical practitioners of this city
That the said Arthur Milroy is now and has been for some time confined under medical treatment in an institution for the treatment of persons of unsound mind in the city of Montreal in the Dominion of Canada.
That the father and mother of said Arthur Milroy are deceased and the nearest living next of kin of his is his sister Thorburn wife of one of your Petitioners the said Sir Robert Thorburn
That Susannah Milroy mother of the said Arthur Milroy died in the month of June last having previously made her last will and testament which has been admitted to Probate and under which your Petitioners were appointed executors
That under the said will certain bequests and legacies are made to the said Arthur Milroy.
That there is property under lease to one Hy Hayward in the city of Saint Johns believing
Note: In left margin McKenzie is written beside the sentence in which K. McKenzie was added.
Page 2
by your Petitioners to be owned by the said Arthur Milroy.
That the whole of the property of the said Arthur Milroy and his interest under the said will and which property is within the jur-isdiction of this Honorable Court is of the probable value of Six Thousand Dollars.
That previous to leaving this country which was about a year ago nor since to the best of Petitioners Knowledge and belief and has the said Arthur Milroy appointed any agent for his said property or any duly author-ised attorney to manage the same or the interest under the said will.
That it is necessary that a guardian to the person and property of the said Arthur Milroy be appointed by your Honorable Court principally in that certain monies are required to be paid over forthwith for the medical treatment, support, and main-tenance of the said Arthur Milroy and whilst he shall continue in his present condition of unsound mind and in order to prevent the person property estate and effects of the said Arthur Milroy from suf-fering during such time as he may con-tinue in his present unsound state of mind.
Petitioners therefore pray that your Honorable Court may be pleased to ap-point them jointly and seperately person property estate and effects of the said Arthur Milroy for the period aforesaid and as in duty bound they will ever pray.
Page 3
Dated at Saint Johns this 21st day of September AD 1894.
Robert Thorburn
William Graham
Newfoundland }
St Johns SS } I Robert Thorburn of Saint Johns in the Island of Newfound-land Knight made oath and say that the several matters set forth in the fore-going Petition are correct and true to the best of my knowledge and belief.
Robert Thorburn
----------------------
Sworn before me at
Saint Johns this 21st
Day of September A.D. 1894
Sworn before me at }
Saint John's aforesaid }
this 6th day of October }
A.D. 1894 }
Alexr J.W. McNeily
----------
Commr of. C.
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Newfoundland }
St. John. S.S. }
I Henry Shea of Saint Johns in the island of Newfoundland a Judicial Practional make oath and say
1 I was acquainted with Arthur Milroy son of Andrew and Susannah Milroy.
2 The said Arthur Milroy is now living out of this country previous to his leaving here I attended him he was then suffering from mental disease
Sworn before me at }
Saint Johns this } Henry Shea
28th day of } ---------------
September A.D. 1894 }
Geo. I. Adams
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Comm of. c.
Newfoundland }
St. John S.S. } I Kenneth McKenzie of Saint Johns in the island of Newfoundland make oath and say as follows
1 I am acquainted with Arthur Milroy son of Andrew and Susannah Milroy
3 The said Arthur Milroy is now residing out of this Country. Previous to his leaving here about one year ago I healed him Insanity - He was suffering from acute melancholia and not able to look after himself.
4 I am a medical practitioner of this town
Sworn before me at }
Saint Johns this 28th }
day of September AD }
1894 }
Geo. I. Adams
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K.D. MacKenzie
1894
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In the Estate of
Arthur Milroy at
present of Montreal
Dominion of Canada
a person of unsound mind
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Petition of Sir R. Thorburn
And the Revd Wm Graham
for Letters of Guardianship
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Fiat
Oct 6/94
J.I. Winter
J.
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