Mary Whitten
1895

Estate of Mary Whitten 1895
From LDS Microfilm #2057393

AFFIDAVIT
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In the Supreme Court of Newfoundland
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NEWFOUNDLAND
Saint Johns To Wit          I do swear that I believe this to be the true Last Will and Testament of Mary Whitten late of Harbor Grace in the Northern District Widow deceased. I do further swear that I will pay all the Debts and Legacies of the said deceased so far as her 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 Mary Whitten deceased, and of which she died possessed, do not, according to the best of my knowledge, judgment and belief, amount to the value of Three thousand nine hundred dollars

So help me God

Sworn before me at St. Johns
this17^th day of July A.D. 1894                              H. E. Morgan

Jos. P. Carty
Commissioner of Affidavits,
Supreme Court

AFFIDAVIT
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In the Supreme Court of Newfoundland
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NEWFOUNDLAND
Saint Johns To Wit          I do swear that I believe this to be the true Last Will and Testament of Mary Whitten late of Harbor Grace in the Northern District Widow deceased. I do further swear that I will pay all the Debts and Legacies of the said deceased so far as her 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 Mary Whitten deceased, and of which she died possessed, do not, according to the best of my knowledge, judgment and belief, amount to the value of Three thousand nine hundred dollars

So help me God

Sworn before me, at St. Johns
this17^th day of July A.D. 1894                              Wm. Hogan
Jos. P. Carty
Commissioner of Affidavits,
Supreme Court

1895

Estate of Mary Whitten
late of Harbor Grace
in the Northern District
Widow deceased

Probate granted to William
Hogan of Saint Johns the
Executor in the Will

Dated July 18 . 1894

Estate sworn under $3900.00

This is the Last Will and Testament of me Mary Whitten being of sound mind and memory and understanding. Firstly I give and bequeath to my Brothers Edward James and Thomas Sheehan and my sister Ellen Grant Four hundred Dollars each. Secondly I give and bequest [sic] to my niece Martha Sheehan Two hundred Dollars. To Anne? Hogan Daughter of John Hogan Two hundred Dollars. Thirdly I give and bequeath to His Lordship the Most Rev'd Dr. McDonald the sum of Ten? hundred Dollars for benevolent purposes to be distributed as his Lordship may dispose. Fourthly - I give and bequeath to Father Hitchcock?, Father March, Father Hare? and Monsignor Walsh one hundred Dollars each. I give and bequeath Five? hundred Dollars to his Lordship Most Rev'd Dr. McDonald to be appropriated to the erection of an altar in the Cathedral - Harbor Grace. I ??? give and bequeath to Father Francis Ryan? Jesuit? One hundred Dollars. This Legacy is given for the special purpose of Masses to be celebrated for the repose

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of the souls of my Parents Edward and Martha Sheehan. The Legacies herein before granted to the several Priests are for the special purpose of masses to be celebrated for the repose of my soul. I hereby give and bequeath One hundred Dollars to Mrs. Ann Whitten the mother of my late husband George - if living at the time of my death and if not then to his two Daughters June? and Clara? share and share alike. I hereby give and bequeath to His Lordship the Most Rev'd Dr. McDonald, the sum of One hundred Dollars for the purpose of ??? - High Requiem masses for the repose of my soul - one mass in each year for five years. I give and bequeath to my Sister Mrs. Gaul? all my household furniture and all my stock Books - de??s and everything else of which I may be possessed at the time of my death. I give and bequeath to the Society of St. Vincent de Paul Harbor Grace One hundred Dollars. I give and bequeath to the Presentation Convent of Harbor Grace and Carbonear fifty Dollars each. I also give and bequeath to Monsignor

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Walsh the sum of One hundred Dollars to be divided between the new Church and the ??? of Brigus equally.
I hereby give and bequeath to Dr. William Hogan the sum of One hundred Dollars.
Lastly, I hereby appoint Dr. William Hogan my sole Executor.
?the year of our Lord One thousand Eight hundred and ninety four.
Signed in presence of                                        Mary Whitten

Patk Farrell?
Richard Hayden
T.S? Walsh

I hereby make and ordain the following alterations? as a Codicil to my last Will and Testament hereinafter mentioned dated the 17^th day of April last past. I hereby revoke the bequest made therein of Two hundred Dollars in favor? of Anne? Hogan daughter of John Hogan

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and ??? thereof, I give and bequeath her the said Anne? Hogan the sum of One hundred Dollars. I also give and bequeath to my niece Martha Sheehan the sum or Two hundred Dollars in addition to the aforesaid bequest of Two - hundred Dollars named? in my said Last Will and Testament.
In witness whereof I have subscribed and set my hand this first day of June in the year of our Lord One thousand eight-hundred and ninety-four.

Signed in presence of                                        Mary Whitten
Last Will and Testament of
Mary Whitten of Hr. Grace
Patrick Harrell                                                 ???
                                                                            ??? ? Walsh

(The next document had sometime later been nearly obliterated by a handwritten note which, to the best of this transcriber's ability reads:)

"Let nothing be done in the matter? of this application without notice to
J.J. ???
Solicitor for
Ellen Gaul
Sister of said deceased.

St. Johns
June 29 - 1894
After consultation with Mrs. Pitman with whom I have been ???ed in the matter of ??? of Mrs. Ellen Gaul, and with his? consent, I withdraw the Caveat entered herein. D.M. B???????? July 11 '94  Sol'r for Mrs. Ellen Gaul
The document overwritten was of the following type:

Notice

After three days from the date hereof application will be made to the Honourable the Supreme Court or one of the Honourable the Judges thereof for Letters of Probate Administration to the last Will and Testament of Mary Whitten late of Harbor Grace deceased to be granted to the Executor in the said Will
          Dated at this day of AD 1895

In the Supreme Court

Newfoundland
??? Hr Grace
To wit?
I Patrick Farrell of Harbor Grace in the Island of Newfoundland make oath and say that on the seventeenth? day of April in the year of our Lord One thousand eight hundred and ninety four, I was present and did see Mary Whitten late of Harbor Grace, the Testator named in the paper writing hereto annexed marked A, duly sign publish and declare the said annexed paper writing as and for her Last Will and Testament, in my presence and in the presence of Richard? Hayden? and Thomas F? Walsh the other subscribing witnesses thereto. That I and said Richard ???den and Thomas F? Walsh the other subscribing witnesses thereto, then and there signed our names to said Will as said witnesses in the presence of the said Testatrix and of each other. That previously to the said Will being so signed as aforesaid by the said Testatrix and Witnesses, it was read over and explained to the said Testatrix in the presence of me and the other subscribing witnesses and that at the time of the execution of the said

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Will. the said Testatrix was of sound and disposing mind, memory and understanding to the best of my Knowledge and belief.
That afterwards on the first day of June the said Testatrix added a Codicil to her Last will and Testament hereunto annexed ??? ??? ??? ??? ??? particularly? do??ed? therein. That I was present and did see the said Testatrix named in the said paper writing hereunto annexed marked "A" duly sign and declare the same as a Codicil to her said Last Will and Testament in my presence and in the presence of Thomas F. Walsh, the other subscribing witness thereto. That I and the said Thomas F. Walsh, then and there signed our names to said Codicil to the said Will as witnesses thereto in the presence of the Testatrix and of each other. That previously to the said codicil being so signed as aforesaid by the said Testatrix and the said Witnesses it was read over and approved of by the said Testatrix in the presence of me and the said Thomas F. Walsh and that at the time of the execution of the said codicil to the said Will it was read over and approved of by the said Testatrix in the presence of me and the said Thomas F. Walsh, the other subscribing witness thereto, and that also at the time of the execution of the said Codicil to the said Will the said Testatrix was of sound and disposing mind memory

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and understanding to the best of my knowledge and belief.

Sworn before me at Harbor
Grace aforesaid this 29^th day                    Patrick Farrell
of June A.D. 1894

Jos. P. Carty
Comm'r SC

To the Hon. Sir F.B.T. Carter Knight Chief Justice of the Supreme Court, or one of the Hon. the Assistant Judges thereof.

The Petition of Dr. William Hogan of Saint Johns

Humbly Sheweth

          That Mary Whitten, late of Harbor Grace on the Island of Newfoundland, Widow deceased died ??? the possage [sic] from? Harbor Grace aforesaid to Montreal on or about the eleventh day of June Instant having previously made and executed her last Will and Testament hereunto annexed.
That under her said Last Will and Testament your Petitioner was appointed by the said Testatrix her sole Executor.
That under her said Last

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Will and Testament bequests were made of her ??? Estate amounting in all to about three thousand nine hundred Dollars.

That no Probate to the said Will - or Letters of Administration to the said Estate has hitherto been granted to the said Estate.
          Your Petitioner therefore prays that Probate of the said Wiil may be granted to him.
          And as in duty bound will ever pray &c -

Harbor Grace                                                  Wm. Hogan
June 21^st 1894

In the Supreme Court

Newfoundland
Harbor Grace
To wit
Dr. William Hogan of Saint Johns is the Petitioner named in the foregoing petition maketh oath and saith that the contents of the foregoing petition are correct and true to the best of Deponent's knowledge and belief.

Sworn before me at
Harbor Grace aforesaid                                        Wm. Hogan
this 21^st day of June A.D.
1894

(Illegible signature)
Commissioner S.C.

Sup Court

In re

Appn for Probate
of the Will of the
late Mary Whitten

Fiat for probate

J.J. Little
J

1894

Sup Ct

Afdt of Proof of Will
of late Mary Whitten