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Miscellaneous Deeds, Grants, Petitions & Wills
(W)
James Whelan

 

James Whelan
          1894

Estate of James Whelan 1894
From LDS Microfilm #2057392

 

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

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

NEWFOUNDLAND,          } I, Anna Whelan of Brigus
Brigus          To WIT:           } in the Northern District of Newfoundland, Spinster do swear that I believe this to be the true Last Will and Testament of James Whelan late of Brigus aforesaid, gentleman 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 James Whelan ---, deceased, and of which he died possessed, do not, according to the best of my knowledge, judgment and belief, amount to the value of Seventeen thousand five hundred dollars

So help me God.

Sworn before me, at St. John's  }
this Sixteenth day of                  }          Anna Whelan
May   A.D., 1894                      }
J.W.
---------
--------- Geo. I. Adams
Commissioner of Affidavits,
Supreme Court.
--------------------------------------
(Note: Following found in the left margin, written at an angle, beside the top few lines:
This refers to Will of late
James Whelan- attached to
Petition          JAC
)

 

 

1894

Estate of James Whelan
late of Brigus
Northern District
Gentleman deceased
-------

Probate granted to
Anna Whelan
of Brigus
Northern District
the Executrix          named
in the Will.

Dated 16th May 1894

Estate sworn under $17,50000

 

 

Certificate
-------------------

I hereby certify that the notice on the other side hereof written has been posted up in my office from the date thereof to the present and that no caveat or other objection has been Entered thereto
Dated this 10th day of May A.D. 1894
Geo. I. Adams
A.C.of.C.
------------------------------

 

 

Notice
--------

Three days after the date hereof application will be made to one of the Honorable the Judges of the Supreme Court of Newfoundland for Probate to the will of James Whelan late of Brigus Gentleman deceased to be Granted to Anne Whelan of Brigus aforesaid Spinster the Executrix named in said Will
Dated at St. John's this 30th day of April A.D. 1894
G.I.A. ---------------               J.A. Clift
A.C.of.C.                              Solr for Applicant
---------------------                   -----------------------

 

 

(B)

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

NEWFOUNDLAND,  }
Brigus To WIT:            }
I Patrick I. Power ---------------------------------of Brigus in the Island of newfoundland Teacher -------------------------------------------------------- make oath and say that on the fifteenth day of April ----------- A.D., One Thousand Eight Hundred and Ninety-one ---------------- at Brigus aforesaid ----------------- I was present and did see James Whelan ---------------- late of Brigus -------- aforesaid --------------------------------------------- the Testator named in the paper writing hereunto annexed, marked A, 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 Moses Payne also of Brigus aforesaid ---------------------------------------- the other subscribing witness thereto. That I and said Moses Payne ------------------------------------------- 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 Brigus aforesaid  }
this Second day of                                }
May ------- A.D., 1894                          }                    Patk. I. Power
------------------
J Wilcox ---                                                               Anna Whelan
Commissioner of Affidavits.

(Note: Initials Jn J.W. found in margin to the left of inserted information 'marked A'.)

 

 

(A)          JW.

This is the last Will and Testament of me, James Whelan of Brigus, Conception Bay, Gentleman.

          First, I give, devise, and bequeath unto my Wife Mary Emma, and to my daughter Anna the yearly interest of all monies belonging to my Estate equally divided between them each and every year so long as my said Wife remains unmarried, but in case of my said wife marries again then her interest in my Estate shall entirely cease.
          Second. On and after the death or marriage of my said Wife all monies, Lands, Houses, securities and all my real and personal Estate of what kind or quality soever the same may consist of shall become the property of my said daughter Anna for her sole use and benefit clear of all control of her husband or of any other person or persons whatever and at her death to become the property of the children of her body in equal Shares, She my said daughter during her life time having the privilege and power of selling the Dwelling House and property in Brigus or any other property belonging to my Estate or any part thereof, at any time she may think it to her advantage and benefit to do so.
          Third, In the event of my said daughter Anna dying unmarried, or being married dying without issue, my said Wife being still alive and unmarried shall continue to receive the Same yearly interest as before mentioned, until the time of her death or marriage, and after her decease or marriage

Page 2

my daughter being dead, then my Estate shall be divided as follows:- that is to say -
          The Dwelling House that I now occupy with all the furniture and utensils therein, To-gether with all the grounds, gardens, and Erections Thereon, or attached to and surrounding the said Dwelling House, and also the Premises and property on the other Side of the Road by the Pond Side shall become the property of my niece Annie Whelan, daughter of my brother, the late Stephen Whelan, for her sole use and benefit and clear of any control of her husband or of any other person or persons, Provided that the Said Dwelling House and property shall not have been previously Sold by my Said daughter Anna, All my remaining Estate to be equally divided between the Surviving Children of my Said brother Stephen, and the Children of my Sisters Susanna and Johanna Share and Share alike.
          Fourth. I hereby nominate and appoint my Said daughter Anna as Sole Executrix of this my last Will and Testament, and revoke all previous Wills by me at any time heretofore made, and declare this writing to be my last Will and Testament.
          In Witness whereof I hereunto set my hand and affix my Seal this Fifteenth Day of April in the year of Our Lord One Thousand, Eight Hundred and Ninety-One.

James Whelan          Seal affixed here.

Signed by the Said James Whelan the Testator in our presence on the Day of the date thereof, and We in his presence and in the Presence of each other at the same time subscribe our names as Witnesses thereto.
Patrick I. Power Teacher
Moses Payne

 

 

To The Honorable Sir Frederick B.
T. Carter
K.C.M.G. Chief Justice
of the Supreme Court of New-
foundland or to one of the
Honorable The Judges thereof

                              The Petition
Anna Whelan of Brigus in the Northern District of Newfoundland Spinster

Humbly Sheweth

          That your Petitioners late Father James Whelan late of Brigus aforesaid deceased died at that place on or about the 23rd day of April March last past leaving him Surviving as next of Kin his Widow Mary Emma and one daughter Your Petitioner

          That at the time of his death the Said deceased was possessed of money property and effects within the Jurisdiction of Your Honorable Court of the probable Value of --- Seventeen thousand dollars

          That Said deceased left a Will which has been proven in due form of law by the affidavit of Patrick I. Power of Brigus one of the Subscribing witnesses thereof and which said will and affidavit are hereto annexed marked

(Note: Initials JW in left margin beside line with crossed out word 'April'.)

 

Page 2

respectively A and B.

          That under Said Will Your Petitioner was appointed Sole Executrix.

          That neither Probate nor Letters of administration have as yet been granted to the Said Estate

          Your Petitioner therefore prays that Probate to the Said Will may be granted to her

          And as in duty bound she will ever pray

Dated at St. Johns Brigus this 2nd day of May 1894

Anna Whelan

Witness
J Wilcox

 

 

Brigus   }
to wit.   }          I Anna Whelan of Brigus aforesaid Spinster make oath and Say as follows

  1. That I am the Petitioner named in the foregoing petition
  2. That the contents of the Said petition are to the best of my knowledge and belief correct and true

Sworn before me          }                    Anna Whelan
at Brigus aforesaid        }
this Second day of        }
May A.D. 1894            }
J Wilcox
Comr of affidavits
Supreme Court
------------------

 

 

In the Supreme Court
of Newfoundland

In the Matter of the Will   }
of James Whelan late      }
of Brigus deceased          }

Petition of Executrix
for Probate

Fiat
Jas. J. Little
J.

J.A Clift - Solicitor for Executrix

(Following found to the right of the above:)
3.75
  .50
  .50
1.50 copy
1.50 Reg
1.00 Altce(?)
8.75

 

 

Page Transcribed by Josephine Gazley

Page Revised by Ivy F. Benoit (Sunday September 16, 2018)

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