James O Regan
          1894

Estate of James O Regan 1894
From LDS Microfilm #2057392

In the Supreme Court
of Newfoundland

Between
Anderson McKeen        }          Plaintiffs
          and          }
Thomas ORegan           }
          and
Cornelius O'Regan        }
          and          }
Anne Mary Fitzgerald   }          Dependants
Statement of Claim
--------- ---------

The plaintiffs claim to be Executors of the last will dated the 25^th day of January AD 1894 of James O'Regan late of St John's Shoemaker deceased who died on the 29^th day of January AD 1894 and to have the said will Established.
This writ is issued against you as one of the next of Kin of the said deceased.
A copy of the will is hereto annexed.
W. H. Carty
Solicitor for Plaintiffs
Gower St
S^t John's

Left hand upper corner is missing.

No. 95
In the Supreme Court of Newfoundland.
----------------------

          Between
Anderson McKeen          Plaintiffs          }
          and                                                     }
Thomas O'Regan                                      }
          and                                                     }
Cornelius O'Regan                                   }
          and                            Defendants      }
Anne Mary Fitzgerald

Victoria by the Grace of God, of the United Kingdom of Great Britain and Ireland, QUEEN, Defender of the Faith, etc., etc.

To the Defendants:
WE COMMAND you that within four days after the service of this writ or of notice of this writ with statement of claim on you, inclusive of the day of such service you do cause an appearance and defence to be entered for you in this Court in this action, and take notice that in default of your so doing the plaintiff may proceed therein, and judgment may be given in your absence.

          Witness the HONOURABLE SIR FREDERIC B. T. CARTER, K.C.M.G., Chief Justice, the 26 day of March in the year of Our Lord One Thousand Eight Hundred and Ninety four

M. H. Carty                              Geo. I. Adams
-------------
Plaintiff's Solicitor                    Commissioner.
Address:
Gower St
St John's

N.B.---This writ is to be served within twelve calendar months from the date thereof, or, if renewed, within six calendar months from the date of the last renewal, including the day of such date, and not afterwards.

The defendant may appear hereto by entering an appearance, wither personally or by Solicitor, in the Chief Clerk and Registrar's Office in St. John's.

No.
In the Supreme Court
----------------------------------

Between
McKeen Etal
Plaintiff S
and
Fitzgerald
Etal          Defendant S
-----------------------------------

Plffs address
S^t John's
------------------

M. H. Carty
Solr for Plffs
Gower St
S^t John's
-------

(Following found sideways on the above page.)

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

Between          }
Plaintiff           }
          and         }

Defendant.       }

TO WIT:
I                              of
Aforesaid, make oath and say that I did on the          day of           A.D., 189          personally serve the within named Defendant with true copy of the within Writ, necessarily          travelling          miles.

Sworn before me                    }
aforesaid, this          day of     }
A.D., 189                                }

Commissioner, S.C.

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

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

NEWFOUNDLAND, } WE, Thomas O'Regan of
S^t John's   To WIT:      } S^t John's Shoemaker and Anderson MacKeen of same place Tanner do swear that we believe this to be the true Last Will and Testament of James O'Regan of S^t John's Shoemaker, deceased, 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, Rights 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 James O'Regan, deceased and of which he died possessed, do not, according to the best of our knowledge, judgment and belief, amount to the value of Eight hundred dollars

So help us God.

Sworn before me, at St. John's }                   Thos O Regan
this 29^th day of                         }                    Anderson MacKeen
March, A.D., 1894                    } by
the said Thomas O'Regan and
Anderson MacKeen
Geo. I. Adams
Commissioner of Affidavits,
Supreme Court.

1894

Estate of James O'Regan
late of St. John's
Central District
Shoemaker deceased
-------

Probate granted to
Thomas O'Regan of St. John's
Shoemaker and Anderson
of
MacKeen of same place
Tanner - Central District
two of
the Executors          named
in the Will.

Dated
2^nd April 1894

Estate sworn under $800⁰⁰

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

The Petition of Thomas O'Regan of St John's Shoemaker and Anderson MacKeen of same place Tanner

Humbly Sheweth

1. That James O'Regan of St John's aforesaid shoemaker died at said place on or about the 29^th day of January AD 1894
2. That said deceased made his last will and Testament wherein he appointed your petitioners and one James O'Regan Executors
3. That said deceased appointed his brother John O'Regan Executor with your petitioners but through some mistake it appears from the will that instead of John O'Regan being named James is mentioned ^J.P.C. James is a minor of the age of fourteen years -
   
4. That said deceased was at the time of his death possessed of property of the probable value of Seven hundred dollars
5. That the will of said deceased has been proved on the affidavit of Arthur W. Knight and is hereto annexed marked "A".
6. Your petitioners therefore
                                                                         Pray
   
   
   
   Page 2
   
   that Probate be granted to your petitioners and said John O'Regan
   

          And as in duty bound your petitioners will ever pray
          Dated at S^t John's this 15^th day of March AD 1894

Thomas O Regan
A Mackeen

St John's }
S S          }
          Thomas O'Regan of St John's aforesaid and Anderson MacKeen of same place do make oath and say as follows -

1. We are the petitioners named in foregoing petition
2. The contents of said petition are correct and true to the best of our knowledge and belief

Sworn before me at      }
S^t John's aforesaid        }
this 15^th day of             }                              Thomas O Regan
March AD 1894 by the }                              A. Mackeen
said Thomas O'Regan &
Anderson MacKeen
Jos P Carty
Comm of ^C

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

NEWFOUNDLAND, }
S^t John's   To WIT:      }
I Arthur W. Knight of St. John's Solicitor make oath and say that on the Twenty Fifth day of January A.D., One Thousand Eight Hundred and Ninety-Four at St John's I was present and did see James O'Regan late of St. John's Boot and Shoemaker the Testator named in the paper writing hereunto annexed, duly sign, publish and declare the said annexed paper A writing, as and for his last Will and Testament in my presence, and in the presence of John Dawson the other subscribing witness thereto. That I and said John Dawson 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 St. John's }
this Sixth day of                        }
February A.D., 1894                 }          Arthur W. Knight
Geo. I. Adams
Commissioner of Affidavits.

A.W.K.!
A J Warla(?)
CC&R

"A" I, James O'Regan of St. John's in the Island of Newfoundland Boot and Shoemaker do make and publish this my last Will and Testament in manner following that is to say:

1^st It is my Will and desire that out of the moneys of which I may die possessed my funeral expenses shall be first paid.
2^nd I give devise and bequeath to my wife Catherine O'Regan (my children by my first wife Alice being already provided for in life) all my household furniture and stock in trade in the house in which I now live situate in the Riverhead of St. John's aforesaid to have and to hold the same to her her Executors Administrators and Assigns forever
3^rd It is my will and desire that my interest in said house and the land upon which it is situate at my death shall be sold and the proceeds arising therefrom deposited in the Savings Bank in St. John's to the credit of my Executors ---- after named for the use of my wife Catherine to her by them to be paid at such times and in such manner as she may require.
4^th I bequeath out of my general Estate the sum of Forty Dollars to my nephew Cornelius O'Regan

now in Rome(?) to be paid immediately upon the realization of the property before mentioned anything contained in the preceeding Section notwithstanding
Lastly, I hereby constitute and appoint Thomas O'Regan James O'Regan and Andrew McKean to be Executors of this my last will and Testament.
In Witness Whereof I have hereunto my hand subscribed this 25^th day of January A.D. 1894.

Signed published                }                              James O'Regan
and declared by the             }
Testator as his last              }
will and Testament in         }
the presence of us who in  }
his presence and in the       }
presence of each other        }
have hereunto subscribed   }
our names as witnesses       }

John Dawson
Arthur W Knight
-------
Solicitor
-------------

Last
Will and Testament
of
James O'Regan
of St. John's Boot
and Shoemaker
-------

Stamp of Registrar's Office affixed
dated 6^th Feb 1894

Dated Jany 25^th 1894

Three days after the date hereof application will be made to the Honourable the Supreme Court or to one of the Honourable the Judges thereof for Probate to the Will of James O'Regan late of St. John's Boot and Shoemaker deceased to be granted to Thomas O'Regan and Andrew M^cKean the Executors named in the said Will.
          Dated at St. John's Feby 5: 1894

^G.I.A.(?)                              Arthur W. Knight
Stamp of Registrar's Sol^r for Ex^ors
Office affixed
Dated 5 Feb 1894
A.C.of. C. - written over stamp.

(Following written sideways in the left margin of above:)

Let nothing be done in the matters written article &c
Obtained from
Executor for
Cornelius O'Regan son of Deceased.

1894
----------

Supreme Court
Probate Side
-------

In the matter of
the Will of James
O'Regan of S^t John's
deceased.
-------

Petition of Executor
for Probate
--------

Order for Probate to
be granted to
Thomas O'Regan and
Anderson MaKeen
By the Court

(The following was found to the right of the above:)
          3.75
            .50
          1.50
Affi    1.50
Copy  1.00
Reg    1.00
          --------
           9.25