William Byrne
          1895

Estate of William Byrne 1895
From LDS Microfilm #2057393

Certificate

I certify that the notice on the other side hereof written was posted in the office of the Chief Clerk and Registrar from the date thereof of the Supreme Court and that no Caveat nor other ob-jection has been entered thereto.
          St. Johns November 11^th 1895

Alex'r J.W. McNeily
Comm'r S.C.

Notice

After three days from the date hereof application will be made to the Honourable the Supreme Court or to one of the Honourable the Judges thereof for Probate of the Will of William Byrne late of Saint Johns Gentleman deceased to be granted to the Executor therein named.
St. Johns September 15^th 1895
Edward Shea
Solicitor for Executor
(Illegible initials lower left corner)

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

The Petition of Thomas J. Greene of Saint Johns Accountant and John Curran of the same place Sailor

Humbly Sheweth

1. That William Byrne late of Saint Johns aforesaid Gentleman died in Saint Johns on the first day of September last leaving him surviving but one son and one daughter

2. That previous to his death the said deceased made and executed his last Will and testament which is hereto annexed and of which he appointed your petitioners Executors.

3. That said deceased at the time of his death was possessed of property in Newfoundland of the probable value of Thirty thousand dollars.

4. That no Probate of the Will of said deceased nor administration to his Estate has been applied for by nor granted to any other person.

          Petitioners therefore pray that Probate of the Will of said deceased be granted to them.
          And as in duty bound your petitioners will ever pray etc.

Thos J. Greene
John Curran

Supreme Court

Newfoundland
St. Johns To Wit
I John Curran one of the petitioners named in the foregoing petition make oath and say that the matters and things therein contained and set forth are correct and true.
Sworn before me at                                        John Curran
St. Johns aforesaid this
11^th day of November
A.D. 1895

Alex'r J.W. McNeily
Comm'r SC

Supreme Court

In the matter of the Estate of
William Byrne late of St. Johns
Gentleman deceased

Petition for Probate

Fiat

J. J. Little
J.

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

To Wit          I Thomas J. Greene of St. Johns Newfoundland Accountant make oath and say that on the fourth day of  June A.D. one thousand eight hundred and ninety five at St. Johns aforesaid I was present and did see William Byrne late of St. Johns aforesaid the Testator named in the paper writing hereunto annexed duly sign publish and declare the said annexed paper writing, marked "A", as and for his last Will and Testament, in presence of me and of James J. Pitman, the other subscribing witness thereto. That I and said James J. Pitman, 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 Testatrix was of sound and disposing mind, memory and understanding, to the best of my knowledge and belief.

Sworn before me at St.
Johns aforesaid, this 9^th                              Thos. J. Greene
day of November A.D.
One Thousand Eight
Hundred and ninety five

Jos. P. Carty
Commissioner of Affidavits

A

This is the last Will and Testament of me William Byrne Senior of Saint Johns in the Island of Newfoundland Merchant :-
First, I will and direct that my Executors hereinafter named shall first, out of my general Estate, pay all my just debts and funeral and testamentary expenses.
Second, I give devise and bequeath to my said Executors the sum of Twelve thousand five hundred and thirty eight dollars and one cent ($12,538.01) in Government debenture Bonds bearing interest at five percentum per annum, upon the following trust, namely, to pay to my daughter Elizabeth Byrne, the annual interest arising therefrom - (payable half-yearly in July and January) for her support and maintenance during her natural life and upon her decease, should she leave her surviving lawful issue, the said sum of Twelve thousand five hundred and thirty eight dollars and one cent shall become the property of such issue absolutely, share and share alike, should there be more than one child, but should my said daughter die without bearing lawful issue her surviving the said sum of Twelve thousand five hundred and thirty eight dollars and one cent shall be equally divided among the children of my deceased daughter Mary wife of John

Howlett of Saint Johns, Draper;
Third, I give devise and bequeath to my said daughter Elizabeth the house, with the adjoining land and appurtenances therewith used and enjoyed, and preoccupied by me Situate on the Circular Road in the Town of Saint Johns together with all and singular the household furniture, goods, chattels and effects contained in and about same to be used occupied and enjoyed by her during her natural life and after her decease to her lawful issue, absolutely, share and share alike, but should she die without leaving lawful issue her surviving, then the said house, land, household furniture goods, chattels and effects shall go to and become the property absolutely of the children of my said deceased daughter Mary in equal proportions.
Fourth, I give devise and bequeath to my son William Byrne, my Twillingate Trade and premises together with all outstanding debts due in connection therewith, also my business premises at Durrell's Arm, Twillingate aforesaid, together with all lands and other Estate of every description belonging to me at said places.
Fifth, I give devise and bequeath to my granddaughter Alice Howlett the house, with the adjoining land and appurtenances therewith used or enjoyed

now occupied by my Son in law John Howlett, with the understanding that the said John Howlett and his present wife Mary A. Howlett shall have the right to use occupy and enjoy the same during the natural life of them and the survivors of them, and upon the further understanding that each of my grandchildren, that is to say, the children of my said deceased daughter, Mary, shall have the right to live in the said Dwelling House until he or she shall attain the age of twenty one years.
Sixth, I give devise and bequeath to my said Executors the sum of Seven thousand nine hundred and forty four dollars, now invested by me upon Mortgage Security, upon the following trust, namely to pay over the sum of Nineteen hundred and eighty six dollars to my said daughter Elizabeth; to pay over the sum of nineteen hundred and eighty six dollars to my said son William Byrne and the balance of three thousand nine hundred and seventy two dollars to hold in Trust and to apply the yearly interest arising therefrom to the support maintenance and education during the minority of the youngest of them and upon the youngest attaining the age of twenty one years to divide the principal among them in

equal proportions of my aforesaid grandchildren.
Seventh, I give devise and bequeath --- and bequeath [sic] the sum of twenty dollars to the Convent of Mercy, Military Road, Forty dollars to the Belvidere Orphanage, Twenty dollars to the St. Vincent de Paul Society (Gentlemans Branch) and to the Roman Catholic Cathedral at Saint Johns the sum of Twenty dollars annually for a period of five years for the celebration of Low Masses for the repose of my soul.
Eighth, I give devise and bequeath the moneys now lying to my credit in the Commercial Bank of Newfoundland on Deposit and Current account to the children of my said deceased daughter, Mary, to be divided among them in equal proportions.
          Dated at Saint Johns Newfoundland this fourth day of June A.D. 1895.
Signed published and declared                              Wm. Byrne
by the said Testator in the
presence of us who in his
presence and the presence of
each other have hereto subscribed
our names as witnesses.
T.J. Greene
J.J. Pitman

I, William Byrne the Testator above named do hereby appoint Thomas J. Greene Accountant and John Curran Merchant Tailor? both of St. Johns Executors of this my Will and Trustees for my Grandchildren until the youngest shall attain the age of twenty one years - St. Johns June 4^th 1895.

Witnesses          T. J. Greene          Wm. Byrne
                          J. J. Pitman

AFFIDAVIT
----------

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

Newfoundland
St. Johns   To Wit          We Thomas J. Greene of St. John's Accountant and John Curran of same place Tailor do swear that we believe this to be the true Last Will and Testament of William Byrne late of St. Johns, aforesaid, Gentleman 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 deceased, and of which he died possessed, do not, according to the best of our knowledge, judgment and belief, amount to the value of thirty one thousand dollars

So help us God

Sworn before me, at St. Johns
this 25^th day of November A.D. 1895                   T. J. Greene
by the said Thomas J. Greene and                        John Curran
the said John Curran

Geo. I. Adams
Commissioner of Affidavits

1895

Estate of William Byrne
late of St. Johns
in the Central District
Gentleman deceased

Probate granted to Thomas J. Greene
and John Curran of St. Johns, the
Executors named in the Will

Dated 25^th November 1895

Estate sworn under $31,000.00