James Byrne
          1895

Estate of James Byrne 1895
From LDS Microfilm #2057393

Certificate

I hereby certify that the notice on the other side hereof written has been posted in my office from the day of the date thereof to this date and that no Caveat or other objection thereto has been filed or entered.
          Saint Johns June 10^th - 1895

Jos. P. Carty
ACSC

Notice

After three days from the date hereof application will be made to the Honorable the Supreme Court or to one of the Honorable The Judges thereof, for Letters of Administration cum testamento annexo to the Estate of James Byrne late of Twillingate in the Northern District Merchant deceased to be granted to Thomas I. Green of Saint Johns New-foundland Accountant.
          Dated at Saint Johns this 5^th day of June A.D. 1895
(Illegible signature)
Solicitor for Legatees
(Illegible initials in margin)

Durrells Arm
Twillingate Nov 16 . 1893

          This is the last will and testament of me James Byrne of Durrels Arm, Twillingate. I leave to Isabella Stuckless, my housekeeper, an annuity or yearly sum of Forty /40/ Dollars during her life, as long as she remains unmarried. I also leave to Belvadere [sic] Orphanage Forty /40/ Dollars. I also leave to Villa Nova Orphanage Forty /40/ Dollars. I also leave Forty Dollars for Masses for my soul. The residue to be eaqually [sic] divided between my brother William Byrne and sister Elizabeth Byrne. In case the said Widow Byrne or Elizabeth Byrne should die without issue his or her part to be eaqually [sic] divided between the Children of my deceased Sister Mary Howlett when they arrive at the age of twenty one years -

James Byrne

In the Supreme Court
of Newfoundland

In the matter of the Estate
and Will of James Byrne
late of Twillingate in the
Northern district Merchant
deceased

Newfoundland
Saint Johns S.S.
I John Howlett of Saint Johns aforesaid draper make oath and say as follows :-

1. I am a brother-in-law of the above named deceased James Byrne
2. I was well acquainted with the deceased and with his handwriting.
3. The paper writing hereto annexed marked "A" purporting to be the last will and testament of the said deceased James Byrne is in the handwriting of the said deceased and the signature "James Byrne" Subscribed thereto is also the proper handwriting and Signature of the said deceased James Byrne
4. At the time of the execution of the said paperwriting, which appears to be the 16^th day of November A.D. 1893, the said deceased James Byrne was of sound and disposing mind memory and understanding, to the best of my knowledge and belief

Sworn before me at                                        Jno. Howlett
St. Johns aforesaid, this
5^th day of June A.D. 1895

Jos. P. Carty
Comm'r SC

In the Supreme Court
of Newfoundland

In the matter of the Estate
and Will of James Byrne
late of Twillingate in the
Northern District Merchant
deceased.
I William Byrne Senior father of the said named James Byrne deceased, hereby consent to Letters of Administration, cum testamento annexo, to the Estate of said deceased being granted to Thomas Greene of Saint Johns Accountant
          Dated at Saint Johns this          day of June A.D. 1895

J. I. ????
Solicitor for said
William Byrne Sr.

In the Supreme Court
of Newfoundland

In the matter of the Estate and Will of James Byrne late of Twillingate in the Northern district Merchant deceased

We, William Byrne and Elizabeth Byrne the Legatees named in the last Will and Testament of said deceased James Byrne, hereby consent to Letters of Administration, cum testamento annexo, to the Estate of said deceased being granted to Thomas I. Greene of Saint Johns Accountant
          Dated at Saint Johns this          day of June A.D. 1895

J.I. Pitman
Solicitor for said
William Byrne and
Elizabeth Byrne

To the Honourable the Supreme Court of Newfoundland or to one of the Honourable the Judges thereof

The Petition of Thomas I. Greene of Saint Johns in the Island of Newfoundland Accountant

Humbly Sheweth

That James Byrne late of Twillingate in the Northern District Merchant deceased died at Twillingate aforesaid on or about the 12^th day of December A.D. 1894 having previously made and executed his last Will and Testament which is hereto annexed marked "A"

That said deceased appointed no Executor under said Will.

That the Legatees named in said Will have requested your petitioner to assume the duties of Administration to the Estate of said deceased.

That said deceased at the time of his death was possessed of property within the Jurisdiction of this Honourable Court of the probable value of Twenty thousand dollars

That no Probate of any Will nor administration to the Estate of said deceased has hitherto been applied for by, or granted to any person.

          Your petitioner therefore prays that Letters of Administration cum testamento annexo to the Estate of said deceased may be granted to him.
          And as in duty bound he will ever pray &c
          Dated at Saint Johns this 14^th day of June A.D. 1895

J.I. Pitman                    T. J. Greene
Solicitor

In the Supreme Court of Newfoundland

Saint Johns
to wit
I Thomas J. Greene of Saint Johns aforesaid Accountant, the petitioner named in the within written petition make oath and say that the several matters and things in the said petition contained and set forth are correct and true to the best of my knowledge and belief.

Sworn before me at
Saint Johns this 14^th
day of June A.D. 1895                                        T.J. Greene

Geo. I. Adams
Comm'r SC

In the Supreme Court
of Newfoundland

In the matter of the
Estate and Will of
James Byrne late
of Twillingate in
the Northern District
Merchant deceased

Petition for Adminis-
tration

Ordered Accordingly

June 14 . 1895

Jos. P. Carty
ACSC

AFFIDAVIT
----------

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

NEWFOUNDLAND
St. John's   To Wit          I Thomas J. Greene of St. Johns Accountant do swear that I believe that James Byrne late of Twillingate in the Northern District merchant deceased, died with a Will; and that I will well and truly administer all and every the Goods of the said deceased and pay his debts, so far as his Goods will extend: and that I will exhibit a true, full and perfect Inventory of the said Goods of the deceased, and render a true account of my Administration into the Registry of the said Court, within six months from the date hereof, or when I shall be thereunto lawfully required; and that the whole of the Goods, Rights, Chattels, Assets, Credits and Effects of the said deceased of which he died possessed, within the jurisdiction of this Court, do not, according to the best of my knowledge, judgment and belief, amount to the value of Twenty Five thousand dollars.

So help me God

Sworn before me, at St. John's,                              T. J. Greene
this 10^th day of July A.D. 1895

Geo. I. Adams
Commissioner of Affidavits,
Supreme Court

1895

Estate of James Byrne
late of Twillingate
in the Northern District
Merchant deceased

Admin c.t.a. granted to
Thomas J. Greene of
St. Johns, Accountant

Dated 15^th July 1895

Sureties James Ham
               John Dwyer
             Eliz'th Byrne

Estate sworn under $25,000.00

"A"

Durrells Arm, Twillingate Nov. 10 . 1895

This is the last will and testament of me James Byrne Durrells Arm, Twillingate. I leave to Isabella Stuckless my housekeeper an annuity or yearly sum of forty dollars during her life as long as she remains unmarried. I also leave to Belvedere Orphanage Forty dollars. I also leave to villa Nova Orphanage Forty Dollars. I also leave Forty Dollars for Masses for my soul. The residue to be equally divided between my brother William Byrne and sister Elizabeth Byrne.
In case the said William Byrne or Elizabeth should die without issue his or her part to be equally divided between the Children of my deceased Sister Mary Howlett when they arrive at the age of twenty one years.
Signed: James Byrne

To the Honourable the Supreme Court of Newfoundland or to one of the Honourable the Judges thereof.

The Petition of Thomas J. Greene of Saint Johns.

Humbly Sheweth

That James Byrne late of Durrells Arm in the Northern District Merchant deceased died at said place on the 12^th of December A.D. 1894 having previously made and executed his Last Will and Testament a copy of which is hereto annexed marked "A"

That said deceased appointed no Executor under his said Last Will and Testament.

That on the 15^th day of July A.D. 1893 Your Petitioner was duly appointed Administrator cum testamento annexo of the Estate and Effects of said deceased James Byrne.

That your Petitioner is desirous of carrying into effect the bequests and provisions in said Will contained but is unable to understand the real intention of the testator respecting the disposition of the residuary Estate affected by that part of said Will and Testament which reads as follows :-

          "The residue to be equally divided between my brother
"William Byrne and sister Elizabeth Byrne. In case "the said William Byrne or Elizabeth should die without "issue his or her part to be equally divided between the "children of my deceased sister Mary Howlett when they "arrive at the age of twenty one years.

Your Petitioner therefore prays that Your Honourable Court or one of Your Lordships the Judges thereof may be pleased to direct him as to the manner of distribution of the said

residuary Estate or give such further or other direction not herein prayed for as may be lawful and just in the premises

And as in duty bound Your Petitioner will ever pray etc. etc.

          Dated at Saint Johns this 2^nd day of September . 1895

Pitman & Bertram?
Solicitors                                                  T. J. Greene

Newfoundland
St. Johns s.s.

          I Thomas J. Greene of St. Johns aforesaid Accountant make oath and say that the several matters and things contained and set forth in the foregoing Petition are, in every particular, correct and true.

Sworn at St. Johns aforesaid                              T. J. Greene
this 2^nd day of August
A.D. 1895

Before me
Geo. I. Adams
Comm'r S.C.

1895

In the Supreme Court
of Newfoundland

In the matter of
the Estate and Will
of James Byrne
late of Durrells Arm
in the Northern District
Merchant deceased

Petition for directions
as to disposition of
residuary Estate

Filed

Sept 11 . 1895

Pitman and Bertram?
Solicitors

Supreme Court of Newfoundland
----------------

Be it Remembered That on this 10^th day of July in the 59^th 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 five personally appeared Thomas Greene of St. Johns Accountant James Ham of St. Johns Publican John Dwyer of St. Johns Farmer and Elizabeth Byrne of St. Johns Spinster 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 Fifty thousand dollars to be had, made and levied on his 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 Thomas Greene as Administrator cum testamento annexo of the Estate and Effects of James Byrne late of Twillingate in the Northern District Merchant deceased, do make or cause to be made, a just, true, and perfect inventory of all and singular the Goods, Credits and Effects of the said deceased, which have or shall come to the hands, possession, or knowledge of him the said Thomas Greene as such Administrator or to the hands or possession of any other person, or persons, for him and the same so made do exhibit, or cause to be exhibited, in the Supreme Court of Newfoundland, at or before the 10^th day of January next ensuing the date hereof; and the said Goods, Chattels, Credits and Effects, and all other the Goods, Chattels, Credits and Effects of the said deceased, at the time of his death, or which at any time afterwards shall come into the hands or possession of him the said Administrator or to the hands or possession of any other person or persons for him shall well and truly administer according to Law, and further shall make, or cause to be made, a just and true account of his said Administration, on or before the 10^th day of July which will be in the Year of Our Lord One Thousand Eight Hundred and ninety six and afterwards from time to time as he shall be lawfully required. And all the rest, residue, and remainder of the said Goods, Chattels, Credits and Effects, which shall be found remaining upon the said Administration Account, the same being examined and allowed by the said Supreme Court of Newfoundland, shall and do pay and dispose of in due course of Administration, or in such a 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.

                                                                     T. J. Greene
Signed and sealed                                        James Ham
in the presence of
                                                                      John Dwyer
Jos. P. Carty                                               Elizabeth Byrne
Comm'r S.C.