Nicholas Rourke
          1895

Estate of Nicholas Rourke 1895
From LDS Microfilm #2057393

AFFIDAVIT
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In the Supreme Court of Newfoundland
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NEWFOUNDLAND
St. John's   To Wit          I Dorothea Neary of Boston United States of America (but at present of St. Johns Widow - do swear that I believe that Nicholas Rourke late of Portugal Cove Road, Farmer - 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 which he died possessed of, within the jurisdiction of this Court, do not, according to the best of my knowledge, judgment and belief, amount to the value of Two hundred and fifty dollars.

So help me God

Sworn before me, at St. John's,                          Dorothea Neary
this 7^th day of February A.D. 1895

Geo. I. Adams
Commissioner of Affidavits
Supreme Court

1895

Estate of Nicholas Rourke
late of Portugal Cove Road
in the Central District Farmer
deceased

Admin'n c.t.a. granted to
Dorothea Neary of Boston
U.S.A. (but at present of St.
Johns, Widow -

Dated
7^th February 1895

Sureties
John Gladney
Patrick Gladney

Estate sworn under $250.00

Supreme Court of Newfoundland
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Be it Remembered That on this 7^th day of February in the 58^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 Dorothea Neary of Boston, United States of America (At present of St. Johns / Widow, John Gladney of Portugal Cove, Farmer and Patrick Gladney of Portugal Cove, Farmer 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 Five hundred 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 Dorothea Neary as Administratrix cum testamento annexo of the Estate and Effects of Nicholas Rourke late of Portugal Cove Road, Farmer 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 her the said Dorothea Neary as such Administratrix or to the hands or possession of any other person, or persons, for her and the same so made do exhibit, or cause to be exhibited, in the Supreme Court of Newfoundland, at or before the 7^th day of August 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 her the said Dorothea Neary or to the hands or possession of any other person or persons for her shall well and truly administer according to Law, and further shall make, or cause to be made, a just and true account of her said Administration, on or before the 7^th day of February which will be in the Year of Our Lord One Thousand Eight Hundred and ninety six and afterwards from time to time as she 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.

Dorothea Neary

Signed and sealed                                                  John Gladney
in the presence of
                                                                                Patrick Gladney
Geo. I. Adams
Comm'r SC

This is to certify that the notice on the other side hereof was posted in the office of the Chief Clerk and Registrar on the day of the date thereof and so continued for over three days as required by law.
          St. Johns February 7^th : 1895

Geo. I. Adams
A.C.S.C.

Notice

Three days after the date hereof application will be made to the Honorable the Supreme Court or one of the Honorable the Judges thereof for Letters of Administration with the will annexed to the Estate and effects of Nicholas Rourke late of Portugal Cove Road Farmer deceased to be granted to Dorothea Neary daughter of said deceased.
          St. Johns November 21^st : 1895
F.P. Morris
Solicitor for Applicant

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

The Petition of the undersigned Dorothea Neary of Boston in the United States of America but at present of St. Johns in the Island of Newfoundland and daughter of the late Nicholas Rourke deceased

Humbly Sheweth

1. That the said Nicholas Rourke of Portugal Cove Road Farmer died in the month of May A.D. 1878 having made his Last will and Testament hereto annexed
2. That the said will was duly proven by John Gladney on oath one of the subscribing witnesses thereof on the 21^st day of November A.D. 1894.
3. That the Testators property described by the said will does not exceed in value the sum of Two Hundred Dollars within the jurisdiction of this Honorable Court.
4. That no Probate of Administration to the said Will or Estate has been prayed for or granted out of your Honorable Court.

          Petitioner therefore prays that letters of Administration with the will annexed be granted to her.

          And as in duty bound she will ever pray &c.
          St. Johns February 7^th 1895

Dorothea Neary

In the Supreme Court

Petition of Dorothy
Neary for Administration
cum testamento
annexo to the Estate
of the late Nicholas
Rourke deceased

(Transcriber's note: this page is faded and because of the style of handwriting, is very difficult to transcribe.)

A

In the name of God Amen
The last Will and Testament of Nicholas Rourke farmer, made the tenth? day of May in the year of our Lord one thousand eight hundred and 75?
I Nicholas Rourke being now in a sound and perfect state of mind and memory but at the same time being very sick and in a very d???ed state of Bodly [sic] health and Knowing that it is appointed for me once to die, do hereby make this my last will and testament and dispose of my worldly substance while I have power and capacity to do so.
And I do will and bequest my soul unto Almighty god [sic] who gave it me, and my body I leave to the disposal of my ??? ??? C??? I do will and bequest unto my two daughters Bridget and Porall??? and their ??? in Dwelling house house hold furniture and horse? live stock consisting of two horses three cows two pigs carts ??? plough ??? together with my two Farms? one situated at ???y's ??? and the other on the Broadcove road. To have and to hold? for ever ???, I do will and bequeath ??? my grand daughter Catherine Birmingham? Ten acres of land out of the Broadcove road farm Bounded by the road in ??? and on the westward by William Lawlor to have and to hold forever. Fourthly I do will and bequeath unto my two daughters Catherine and Maria Shilling? Sterling each.
Signed sealed published and
disclosed? by the said Nicholas Rourk?          Nicholas Rourke
in our presence who in his presence
and in the presence of each other and
at his request, hereunto subscribe our
names the day and year first? above
written
John Gladney
            his
James X Clear?

Supreme Court of Newfoundland
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Saint John's
To Wit          I John Gladney of Portugal Cove Road in the Central District of the Island of Newfoundland Farmer make oath and say that on the 3^rd day of May A.D. one thousand eight hundred and Seventy five at Portugal Cove Road I was present and did see Nicholas Rourke late of Portugal Cove Road Farmer, 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 the presence of me and of James Clear the other subscribing witness thereto. That I and said James Clear then and there signed our names to such Will as such witnesses, in the presence of the said Testator and of each other, and 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 Deponent's knowledge and belief.

Sworn before me at Saint Johns                              John Gladney
aforesaid, this 21^st day of
November A.D. One Thousand
Eight Hundred and ninety-four

Jos. P. Carty
Commissioner of Affidavits

Last will and
Testament of
Nicholas Roarke
late of Portugal
Cove Road Farmer
deceased -

(seal of Registrars office)
J.P.C.

Fiat
Feby 7/95
J.J. Winters
J.