Francis Trelegan
          1894

Estate of Francis Trelegan 1894
From LDS Microfilm #2057392

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

In the Supreme Court of Newfoundland.

NEWFOUNDLAND    }
Saint John's   To WIT:   }

We do swear that We believe this to be the true Last Will and Testament of Francis Trelegan late of Saint John's in the Central District Licensed Publican 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, Asets, Credits and Effects of the said Francis Trelegan, deceased, and of which he died possessed, do not, according to the best of our knowledge, judgment and belief, amount to the value of Twenty Thousand dollars

So help our God.

Sworn before me, at St John's  }                    Alice Trelegan
this first day of                         }                    M H. Carty
March A.D., 1894                    }                    --------------------
By the said Alice Treligan
and M. H. Carty

Jos P Carty
Commissioner of Affidavits.
Supreme Court.

1894

Estate of Francis Trelegan
late of Saint John's
Central District
Licensed Publican deceased
-------

Probate granted to Alice Trellegan
and M. H. Carty
of Saint John's
Central District
the Executor ------------- named
in the Will.

Dated March 1. 1894

Estate sworn under $20000⁰⁰

"A"         This is the last will and
Testament referred to
------------    J.O.B.(?)

This is the last Will and Testament of me Francis Trelegan of Queen Street St John's Licensed Publican.

1. I desire that all my Just debts and funeral Expenses be paid by my Executors herein after mentioned,
2. To my brother Newey Thomas Trelegan of North Cambridge Mass I bequeath the sum of Eight hundred dollars. In consideration of past favors on my part and this bequest ^{I hope} that my said brother will not after my death consider himself Entitled to any claim on the house in which I now reside and carry on business,
3. Having in my lifetime placed moneys in the Savings Bank in the names of my two nieces Mary Trelegan and Elizabeth Trelegan daughters of my late brother John it is my strong desire that they will share the same with their Sister Annie McFarlane,
             4
   
   
   
   (Note: Initials M.H.C. found in margin to left of section 2 area of insert.)
   
   
   Page 2
   
   
   
4. Having at different times places moneys in the Savings Bank in the name of my nephew James Trelegan son of my brother John it is my strong desire that he will share the same with his mother and his brothers Francis and William. It is my wish that my said nephews James, Francis and William will assist their brothers Richard and John. It is my strong desire that the money standing in the name of my said nephew James in Savings Bank remain there for the present until an opportunity offers to secure a Suitable home for his mother as the house in which she now resides will shortly be out of lease, In consideration of past favors on my part I trust that my said nephews will not consider themselves Entitled to any claim on the house and premises in which I now reside.
5. To my beloved wife I bequeath
   
   
   Page 3
   
   
   all the money which I may die possessed of and all the furniture and wearing apparel including beds and bedding in my house -
6. To my said wife I give and bequeath the dwelling house and shop in which I now reside together with all my stock - in - trade to hold the same during her lifetime -
7. After the decease of my said wife Alice the dwelling house and Shop and Stock - in - trade on premises at time of her death is to go to my two nephews Francis Trelegan and James Trelegan sons of my said brother John. In consideration of this bequest to my said nephews Francis and James I request them to support and look after the comfort of my adopted daughter Maud Couglan
8. I appoint my wife Alice Executrix and Michael H. Carty of St John's Solicitor Executor of this my will!
                       Signed

Page 4

Signed by the said Testator           }          Dated at St John's
as and for his last Will                   }          this 7^th day
and Testament in the                      }          of February
presence of us who in                    }          AD 1894 ------
his presence at his                          }
request and in the                          }          Francis Trelegan
presence of Each other                  }
have hereunto Subscribed              }
our names as Witnesses                  }
"the words "I hope" on 13^th line   }
first page having been first             }
inserted
Patrick Hagerty
M H. Carty
----------------

"B"          This is the Codicil
Referred to J.P.C.

I hereby declare the following to be a Codicil to my will.
To my nephew Richard son of my late brother William I bequeath the sum of Two hundred dollars to be paid at such time as my Executors may in their Judgment deem proper. And to my nephew Richard son of my late brother Richard I bequeath the sum of Two hundred dollars to be paid at such

Page 5

time as my Executors may deem proper. In consideration of these bequests I trust that my said nephews will not after my death consider them-Selves Entitled to any claim on the house in which I now reside.
I desire to state that my reason for leaving my house to my nephews Francis and James ^{after the death of my wife} is that they have been my assistants for the past ten years and they have faithfully served me -

          St John's February 9^th, 1894

Witnesses                         }
The words "after              }
the death of my                }
wife" on 12^th line            }          Francis his X mark Trelegan
having been first              }
inserted.                          }
The same having been     }
first read and Explained  }
to said Francis Trelegan}

Patrick Hagerty
M H. Carty
----------------

Last Will and
Testament of
Francis Trelegan
February 7/94
Codicil Feb 9/94
-------------------
"

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

NEWFOUNDLAND,    }
St John's   To WIT:        }
I Michael H. Carty of St John's Solicitor do make oath and say that on the Seventh day of February A.D., One Thousand Eight Hundred and Ninety-four at St John's -------- I was present and did see Francis Trelegan late of St John's Licensed Publican the Testator named in the paper writing hereunto annexed ^{J.P.C Marked A J.P.C} 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 Patrick Hagerty of St John's Cabinetmaker ---------- the other subscribing witness thereto. That I and said Patrick Hagerty 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 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 28^th day of                        }          Michael H. Carty
February A.D., 1894                }          -----------------------
Jos P Carty
Commissioner of Affidavits.
(Note: Initials J.P.C, line 4 above, originally written between top and bottom lines.)

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

NEWFOUNDLAND,  }
St John's To WIT:         }
I Michael H Carty of Saint John's Solicitor aforesaid ---------------- make oath and say that on the Seventh day of February A.D., One Thousand Eight Hundred and Ninety-four at Saint John's I was present and did see Francis Trelegan late of Saint John's Licensed Publican the Testator named in the paper writing hereunto annexed, marked B duly sign, (my making his mark) publish and declare the said annexed paperwriting, as and for his last Will and Testament in my presence, and in the presence of Patrick Hagerty of St John's Cabinet-maker --------- the other subscribing witness thereto. That I and said Patrick Hagerty----------------------- then and there signed our names to such Will^{J.P.C. Codicil J.P.C.} as such witnesses, in the presence of the said Testator and of each other. That previously to the said Will^{J.P.C. Codicil J.P.C.} the said Testator was of sound and disposing mind, memory and understanding, to the bestof my knowledge and belief.

Sworn before me, at St John's       }
this 28^th day of                              }
February A.D., 1894                     }          Michael H. Carty
Jos P Carty                                                  ---------------
Commissioner of Affidavits,
-----------
Supreme Court.

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

The Petition of Alice Trelegan of St John's Widow

Humbly Sheweth

1. That Francis Trelegan late of St John's Licensed Publican the husband of your petitioner died at St John's aforesaid on the ninth day of February AD 1894 having previously made his last will and Testament and a Codicil to said will both of which have been duly proved on the affidavit of Michael H. Carty one of the Subscribing Witnesses thereto and are hereto annexed marked "A" and "B" respectively.
2. That the said deceased appointed Michael H. Carty of St John's aforesaid Solicitor and your petitioner Executors of his said will.
3. That the said deceased was at the time of his death possessed of property within the jurisdiction of your Honorable Court of the probable value of Twenty thousand dollars.
4. That no Probate to said will or Letters of Administration to his
                       Estate has
   
   
   Page 2
   
   
   heretofore been taken out or applied for.
5. Your petitioner therefore prays that Probate to said will be granted to Michael H. Carty and your petitioner

And as in duty bound your petitioner will Ever pray.
Dated at St Johns this 28^th day of February AD 1894.

Alice Trelegan

St John's }
To Wit    }
I Alice Trelegan of St John's Widow do make oath and say as follows:--

1. I am the petitioner named in the Within petition.
2. The contents of said petition are correct and true to the best of my Knowledge and belief.

Sworn before me at    }
St John's aforesaid      }
this 28^th day               }          Alice Trelegan
of February AD 1894 }
Jos P. Carty
Commr of C
---------------

1894
-------

In the Supreme Court
Probate Side
--------

In the matter of the
Petition of Alice
Trelegan praying that
Probate of the Will of
Francis Trelegan late
of St John's Licensed
Publican be granted
to Petitioner and Michl.
H. Carty the Executors
named in Will of
deceased.
----------

Petition
----------

Fiat
Jos. I Little
J.----

(Following found to the right of the above:)
            3.75
              .50
2 prop  3.00
            1.25
Copy    1.75
Reg      1.75
           12.00