Most Rev Thomas Power
          1894

Estate of Most Rev Thomas Power 1894
From LDS Microfilm 2057392

AFFIDAVIT
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In the Supreme Court of Newfoundland.
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NEWFOUNDLAND, }
Saint John's   ToWIT:  }

          We do swear that We believe this to be the true Last Will and Testatament of The late Most Reverend Thomas Joseph Power of Saint John's Roman Catholic Bishop We ----------------- do further swear that we will pay all the Debts and Legacies 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 Thomas Joseph Power, deceased, and of which he died possessed, do not, according to the best of our knowledge, judg-ment and belief, amount to the value of Twenty thousand dollars

So help our GOD.

Sworn before me, at Witless Bay }
this 17^th day of day                       }                    Nicholas Roche
February A.D., 1894                     }
by the said Nicholas Roche
Jos P Carty
Sworn before me at S^t John's       }
This 19^th day of February            }          Commissioners of Affidavits,
A.D. 1894 by the said John         }          Supreme Court.
Scott                                             }
Jos P Carty                                 }           John Scott
Commissioner                             }
------------------

1894

Estate of Most Revd Thomas J Power
late Bishop of Saint John's
Central District
Deceased
--------

Probate granted to Rev. John
Scott and Rev
Nicholas Roche
District
the Executors          named
in the Will.

Dated March 12, 1894

Estate sworn under $20000⁰⁰

Notice
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I certify that the notice upon the other side hereof has been posted in my office from the day of the date thereof to this date and that no caveat or other objection has been filed thereto
          Dated this 22^nd day of January A.D. 1894
Jos P Carty
A.C.of.C.
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(Seal of Registrar's Office affixed, dated 22 Jan 1894.)

Notice
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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 the late Most Reverend Thomas Joseph Power D.D. Bishop of S^t John's to be granted to the Very Reverend John Scott of S^t John's aforesaid and the Reverend Nicholas Roche P.P. of Witless Bay two of the Executors named in said will
          S^t John's December 14^th A D 1893
                                                            W H Carty
G.I.A.   A.C.of. C.                              ---------------
Stamp of Registrar's Office               Solicitor for applicants
affixed, dated 14 Dec 1893               ---------------

A

In the Name of God, Amen
on this 5^th of March 1883, I, Thomas Joseph Power, Bishop of St. John's Newfoundland, make this my last Will & Testament.

1. Trusting in the Infinite Merits of my Lord & Saviour Jesus Christ, I resign my soul to my merciful Creator.
2. I devise that my body be buried in St Patrick's Church River Head, in front of the Convent choir, & opposite a side Altar to be created in honor of the great Patriarch St. Joseph.
3. However should Providence call me out of life during a sojourn in, or near, Ireland, I pray that my remains be placed under the shadow of St Mary's Abbey Newtown? Co Wexford.
4. To my successor in this diocese, I bequeath all the houses and lands known as church property,
   
   
   
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   all the ecclesiastical furniture, Vestments, ornaments &c to be held by him as Bishop of St. John's, & his Successors in this Diocese.I Will & Bequeath to my successor in this Bishopric, all Debentures, Bank & other stocks held by me as Trustee, for the uses & trusts for which I now hold the same.
5. As to my personal property I desire that all my furniture, plate, Pictures, Books &c, be reserved by My Executors, for the use of my successor as Bishop of St John's, in consideration of which I shall expect his pious suffrages for my poor soul.
6. To realize a sum (to be decided as afferm? and cufoined?) I wish that all my Carriages, sleighs, Horses, Cattle, Fodder, Farming implements &c as be duly valued and sold.
   
   
   
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7. The proceeds of this sale, together with any money to my Credit in Bank or elsewhere, will form one fund.
8. out of this fund all my lawful debts (not otherwise provided for by instructions in My safe) will be first discharged.
9. I desire that the Balance of this fund, be divided into three parts: one third will begiven to the poor? attended by the sisters of Mercy Military Road; one third will be given toward the erection, or the completion, or the ornamentation, of an Altar in honor of St. Joseph in St Patrick's Church River Head; & one third will be distributed among the Diocesan clergy for Masses to be celebrated as soon as possible
   
   
   
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   for the repose of my soul.
10. I hereby name as Executors of my Will, the Very Rev. the Administrator of the Cathedral St John's, the Hon. R. J. Kent now Speaker of the House of Assembly, & the Rev N. Roche P.P. Witless Bay.

Signed              }
this 5^th day      }
of March          }
1883                }                                        T.J. Power
                                                                   ---------------
in the presence }
of                      }
R. Tierney,      }
Bernard Clyne}
who also signed their names in the presence of each other.

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

NEWFOUNDLAND,   }
Petty Harbor  To WIT:  }
I Rodger Tierney of Petty Harbor in the Central District Roman Catholic Priest --------------------make oath and say that on the 5^th day of March A.D., One Thousand Eight Hundred and Ninety- Eighty three at Saint John's I was present and did see Thomas Joseph Power late of Saint John's Roman Catholic Bishop 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 Bernard Clyne ---------------------------------------------------------- the other subscribing witness thereto. That I and said Bernard Clyne then and there signed our names to such Will as such witnesses, in the presence of the 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 Petty Harbor }
this 23^rd day of                               }                    R. Tierney
December A.D., 1893                     }
Jos P Carty
-------
Commissioner of Affidavits.

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

The Petition of the Reverend John Scott of St John's Administrator of the Roman Catholic Cathedral

Humbly Sheweth

1. That the Most Reverend Thomas Joseph Power Bishop of St John's died at St John's aforesaid on the fourth day of December AD 1893.
2. That the said deceased on the fifth day of March AD 1883 made his last will and Testament which is hereto annexed marked "A" and which has been duly proved by the Reverend Rodger Tierney one of the Subscribing Witnesses thereto.
3. That the said Most Reverend Thomas Joseph Power by his said will appointed the Reverend the Administrator of the Cathedral St John's, Robert J. Kent Esquire Queens Counsel and the Reverend Nicholas Roche Parish Priest of Witless bay Executors of his said will
4. That your petitioner is the Administrator of the Cathedral St John's
5. That the said Robert J Kent died at St John's aforesaid on or about the 29^th day of September AD 1893.
6. That the said Most Reverend Thomas Joseph Power was at the time of his death possessed of property
   
   
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   within the Jurisdiction of your Honorable Court of the probable value of Twenty thousand dollars,
7. That Probate to said Will has not already been taken out or applied for
8. Your petitioner therefore prays that Probate to the Will of the said Most Reverend Thomas Joseph Power be granted to the Reverend Nicholas Roche and your petitioner

          And as in duty bound our petitioner will Ever pray
          Dated at St John's this 22^nd day of January AD 1894

John Scott

Newfoundland

St John's }
To wit     }

I the Reverend John Scott of St John's Administrator of the Roman Catholic Cathedral do make oath and say:-

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

Sworn before me          }
at St John's afore-         }                              John Scott
said this 22^nd day         }
of January AD 1894     }
Jos P Carty
Comm of C
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1894
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In the Supreme Court
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In the matter of
the will of the late
Most Revd Thomas Joseph
Power Bishop of
St John's
---------------------------

Petition of Revd
John Scott for
Probate
--------------------------

Filed
Stamp of Registrar's Office
affixed dated 22 Jan 1894
J.P.C.

Fiat
F B T Carter
Chief Justice

(Following found to the right of the Fiat above:)
  3.75
    .50
  1.50
  1.25
  2.00
$9.00