John P. Brophy
          1900

Estate of John P. Brophy 1900
From LDS Microfilm #2057448

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

In the Estate of John Russell Brophy deceased, I Charles W. H. Tessier of St. Johns in the Electoral District of St. Johns in the Island of Newfoundland, Merchant, make oath and say that I believe the paper writing hereto annexed and marked by me to contain a true and exemplified copy of the original last Will and Testament of John Purcell Brophy late of Ottawa, in the Dominion of Canada, Civil Servant deceased; and that I will well and faithfully administer the estate and effects of the testator by paying (his or her) just debts and the legacies contained in her Will, as far as the same shall thereto extend and the law bind me, and by distributing the residue (if any) of the said estate and effects according to law; that I will exhibit a true, full and perfect inventory of all and singular the estate and effects of the testatrix and render a just and true account thereof whenever required by law so to do; and that the gross value of the said estate and effects, rights and credits of the deceased is Two thousand and one hundred dollars and no more, according to the best of my knowledge, information and belief.

Sworn at St. Johns in the
Electoral District of St. Johns                              Chas. W. H. Tessier
on the 8^th day of December
A.D. 1900, before me

D. M. Browning
Clerk

In the Supreme Court

In re:
John Purcell Brophy
deceased

OATH OF ADMINISTRATOR
with the Will annexed

Administration granted on the 11^th
day of December 1900

Sureties
Arthur S. Rendell
William P. Rogerson

Value of Estate $ 2100

Notice

After three days application will be made to the Honorable the Supreme Court or to one of the Judges thereof for Letters of Administration with the Will annexed to the Estate of John Purcell Brophy late of Ottawa in the Dominion of Canada, Civil Servant to be granted to Charles W. H. Tessier of St. Johns Merchant which Administration is to be limited to the purposes set forth in the Petition of the said Charles W. H. Tessier.
Alex'r J. W. McNeily
Solicitor for said Charles W. H. Tessier

I certify that the notice on the other side written was posted in the office of the Chief Clerk and Registrar of the Supreme Court on the day of the date thereof where it has remained till this day and that no Caveat of other objection has been made thereto.
          St. Johns Nov 21 : 1900

Geo. J. Morris?
Clerk

Exhibit A
referred to in the annexed Petition of Charles W. H. Tessier
George J. Adams
Comm'r Affidavits

Canada
Province of Ontario

IN HER MAJESTY'S SURROGATE COURT OF THE COUNTY OF CARLTON,
BE IT KNOWN that upon search being this day made in Her Majesty's Surrogate Court of the County of Carleton it plainly appears that on the 11^th day of June A.D. 1896 the last Will and Testament of John Purcell Brophy late of the City of Ottawa in the County of Carleton Civil Servant deceased, who died at the City of Ottawa in the County of Carleton on or about the 27^th day of March A.D. 1896 and had at the time of his death a fixed place of abode at the said City of Ottawa in the said County of Carleton, was proved by William Martin Brophy of the City of Winnipeg in the Province of Manitoba Insurance Inspector, the other executor named in the said Will having by deed duly renounced executors therein named, and which said probate now remain of record in the said Surrogate Court. The true tenor of the said probate is in the words following, to wit -

Canada
Province of Ontario

IN HER MAJESTY'S SURROGATE COURT OF THE COUNTY OF CARLETON

BE IT KNOWN that on the eleventh day of June in the year of our Lord one thousand eight hundred and ninety six the last

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Will and Testament of John Purcell Brophy late of the City of Ottawa in the County of Carleton and Province of Ontario Civil Service Clerk deceased, who died on or about the twenty seventh day of March in the year of our Lord one thousand eight hundred and ninety six at the said City of Ottawa in the County of Carleton and who at the time of his death had a fixed place of abode at the said City of Ottawa in the said County of Carleton, was proved and registered in the said Surrogate Court a true copy of which said last Will and testament is hereunder written and that the administration of all and singular the property of the said deceased and any way concerning his will was granted by the aforesaid Court to William Martin Brophy of the City of Ottawa in the County of Carleton and Province of Ontario Civil Service Clerk one of the (Gerald Francis Brophy of the City of Winnipeg in the Province of Manitoba Insurance Inspector the other executor named in the said will having by deed duly renounced) Executors named in the said Will he having been first sworn well and faithfully to administer the same by paying the just debts of the deceased and the legacies contained in his will so far as he is thereunto bound by law and by distributing the residue, if any, of the property according to law and to exhibit under oath a true and perfect inventory of all and singular the said property and to render a just and true account of his Executorship whenever thereunto lawfully required.

(sgd) J. P. Featherston

Registrar of the Surrogate Court of the County of Carleton.

(The following note is hand written at the top of this type written page: - Transcriber)
"This is the paper writing referred to in my affidavit of the 8^th day of December 1900.
(Illegible signature)

This is the last Will and Testament of me John Purcell Brophyof the City of Ottawa in the County of Carleton, Province of Ontario Civil Service Clerk.
First, I appoint my two sons William Martin Brophy of Ottawa Civil Service Clerk and Gerald Francis Brophy of Winnipeg, Manitoba, Insurance Manager, to be the executors of my Will.
Second, I desire all my just debts and funeral expenses be first paid out of my estate.
Third, I give, devise and bequeath all the property and estate real and personal of every kind and nature whatsoever which I shall be entitled at the time of my death, and whether in the Province of Ontario or elsewhere unto my said sons, William Martin Brophy and Gerald Francis Brophy and to the survivor of them to hold as trustees and Trustee for the uses and upon the trusts following that is to say:
Fourth, The entire estate is to be held for the exclusive use and benefit of my beloved wife Mary Theresa Brophy so long as she shall remain my widow.
Fifth, Upon her death or second marriage the whole property both real and personal is to be sold and converted into money at such times as the trustees may think proper, but the discretion of the trustees is to be exercised as to the time when such sale shall be made and the property may be sold in portions at different times if thought advisable, and the sales to be made on such terms as to the trustees may seem proper.
Sixth. The proceeds of the estate, or such part thereof as may be in the shape of money from time to time shall be invested by the trustees who may call in the same and reinvest

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it or any part of it from time to time and such investment may be made in such securities as they may deem proper, and the income arising from such investment or so much thereof as in the opinion of the trustees may be required for that purpose is to be applied in such manner as they may think proper towards the maintenance and support of during the term of her natural life of my daughter Alice, who has always been in delicate health, and whom I therefore specially commend to the care, attention and protection of my said two sons herein named as executors and trustees.
Seventh. If it shall appear to the trustees that the investment of a portion only of the said estate will realize an income sufficient for the maintenance and support of my said daughter Alice they may at any time set apart out of the said estate a sum which they may deem sufficient for that purpose and may invest the same separately and may apply the income of such portion so invested as aforesaid.
Eighth. In that event such portion of the estate as they shall not deem necessary to invest for such purposes shall thereupon be divided into three equal parts, one of which shall be given to my son Gerald Francis Brophy for his own use absolutely and the other two parts or thirds shall be divided in equal shares between all of my other sons including my said son William Martin Brophy.
Ninth. After the death of my said daughter Alice the whole estate then undisposed of shall after payment of all charges and expenses incurred by the trustees be divided into three such equal parts for a like disposition, that is to say, one

Page 3

part shall be given to my son Gerald Francis and the other two parts or thirds shall be divided equally between all my other sons as aforesaid.
Tenth. The legacies and provisions in favor of all my sons are severally to be taken as vested so that if any of my said sons shall die before becoming entitled to his portion then his share under all circumstances shall go to his personal representatives, subject however to this exception that neither my said daughter Alice nor my said son Gerald Francis shall be taken to be one of the personal representatives of any of my said other sons, it being my will that in the event of any of my said sons other than Gerald Francis dying before becoming entitled to his portion, the same in the event of his dying without leaving next of kin other than brothers and sisters and their descendants shall be divided between the survivors among my said sons, other than Gerald Francis and their descendants.
Eleventh. And I declare that the said trustees shall be chargeable only with such moneys as shall actually come into their hands and shall not be answerable for any Banker, Broker or any other person in whose hands the said trust moneys shall be placed, nor shall they be charged otherwise for involuntary loss.
Twelfth. And all the powers and descretions [sic] that may be exercised by my trustees hereunder shall be exercisable by the survivor of them in the event of either of them dying while any of the trust estate remains in their hands.
In witness whereof I have hereto set my hand this ninth

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day of October in the year of our Lord one thousand eight hundred and ninety four.

Signed by the said testator John
Purcell Brophy as and for his last
will and testament in presence of                    (sgd) John P. Brophy
the undersigned witnesses both pre-
sent at the same time who have, at
his request in his presence and in
the presence of each other sub-
scribed our names as witnesses
hereto.

(sgd) W. D. Hogg

"       Chas O'Connor

In faith whereof these letters testimonial are issued.
Given at the city of Ottawa in the county of Carleton this 1^st day of November A.D. 1900 and in the 64^th year of our Reign.

John P. Featherston
Registrar of the Surrogate Court
of the County of Carleton.

In the Surrogate Court of the
County of Carleton.

Re
J. P. Brophy
deceased

Exemplification of Probate

Entd: in Liber J. Page 92

J. P. Featherston
Registrar

(Transcriber's note: handwritten note at the top of page:)

"Exhibit B referred to in the annexed Petition
of Charles W. H. Tessier
Geo. J. Adams
Comm'r Affidavits

          KNOW ALL MEN by these Presents, that I WILLIAM MARTIN BROPHY, of the City of Ottawa, in the County of Carleton and Dominion of Canada, Civil Service Clerk, one of the Executors of the last Will and Testament of John Purcell Brophy, late of the City of Ottawa aforesaid, Civil Servant, deceased, which Will was dated the Ninth day of October, in the year of our Lord one thousand eight hundred and ninety-four, and was proved and registered in the Surrogate Court of the County of Carleton on the Eleventh day of June, in the year of our Lord one thousand eight hundred and ninety-six, (GERALD FRANCIS BROPHY, of the City of Winnipeg, in the Province of Manitoba, Insurance Inspector, the other executor named in the said Will, having by deed duly renounced) hereby AUTHORIZE and EMPOWER CHARLES W. H. TESSIER, of the City of St. Johns, in the Colony of Newfoundland, to apply to the Supreme Court of Newfoundland for and to take out Letters of Administration, with the said Will annexed, such administration to be limited to the execution of a conveyance, of all and singular the lands, or any interest therein, of the said deceased in the Colony of Newfoundland, I hereby undertaking [sic] to ratify everything which the said Charles W. H. Tessier shall do, or purport to do, in virtue of these presents.

IN WITNESS WHEREOF I have hereunto set my hand and seal
this eighth day of November, one thousand nine hundred.

Signed, sealed and delivered                              Wm. M. Brophy
in the presence of
J. A. C. Kirk

County of Carleton, I, John Albert Charles Kirk, of the City of Ottawa, in the County of Carleton,
To Wit          Law Clerk make oath and say

1. That I was personally present and did see the within instrument duly signed, sealed and executed by William Martin Brophy, the party thereto.
2. That the said Instrument was executed at the City of Ottawa aforesaid.
3. That I know the said party.
4. That I am a subscribing witness to the said Instrument.

Sworn before me at the City of Ottawa,
in the County of Carleton, this 8^th                              J. A. C. Kirk
day of November, in the year of our
Lord, 1900.

F. A. ????
A Notary Public
in and for the Province of Ontario

Dated 8^th November 1900

W. H. Brophy

to

Chas. W. H. Tessier

POWER OF ATTORNEY

O'Connor, Hogg & McGee
Solicitors
Ottawa, Ont.

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

The Petition of Charles W. H. Tessier of St. Johns in the island of Newfoundland Merchant.

Humbly Sheweth

1. That John Purcell Brophy died at Ottawa in the Dominion of Canada on or about the 27^th day of March A.D. 1896 having made and published a will probate of which was granted in Her Majesty's Surrogate Court of the County of Carleton to William Martin Brophy an Executor named in the will exemplification of which probate is hereto annexed marked A.
2. That the said John Purcell Brophy left him surviving his widow Mary Theresa Brophy two sons William Martin and Gerald Francis and one daughter Alice.
3. That at the time of his death the said John Purcell Brophy was possessed of property within the jurisdiction of this Honourable Court of the probable value of Two Thousand Dollars.
4. That no probate or administration to the said will has heretofore been granted within the jurisdiction of this Honourable Court.
5. That it has become necessary to give title to certain lands of the said John Purcell Brophy within the jurisdiction of this Honourable Court and for this purpose the said William Martin Brophy as Executor as aforesaid has executed a power of attorney hereto annexed
   
   
   
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   marked "B" empowering your Petitioner to take out letters of administration for the purpose of executing conveyance to give good title to lands of the said John Purcell Brophy within the jurisdiction of this Honourable Court.

          Your Petitioner therefore prays that administration as aforesaid be granted to him.
          And as in duty bound will ever pray

          St. Johns Nov 21 : 1900

Chas. W. H. Tessier

In the Supreme Court

Newfoundland
St. Johns S S

          I Charles W. H. Tessier of St. Johns aforesaid Merchant the Petitioner named in the foregoing Petition make oath and say that all and singular the matters and things in said Petition set forth are just and true.

Sworn before me at S. Johns
aforesaid this 21^st day of                              Chas. W. H. Tessier
November A. D. 1900

Geo. J. Adams
Commissioner Affdts, S.C.

In the matter of the
Will and Estate of
John Purcell Brophy late
of Ottawa in the Dominion
of Canada, Civil Servant

Petition of Charles W. H.
Tessier

Praying for Adm'n c.t.a.
d.b.n. and limited

Fiat for adm'n c.t.a
and limited as prayed for
J. J. L.
C. J.

???
Nov 22^nd 1900

(Written to the right of the above:)
Admin          5.50
affts              1.04
                     6.54

In the Supreme Court of Newfoundland

In the Estate of
John Purcell BrophyDeceased

Inventory and Valuation of the Property of the said Deceased.

I Charles W. H. Tessier make oath and say that I am the intended administrator of the Estate of John Purcell Brophy deceased and that the above is, to the best of my knowledge, information and belief, a just and true Inventory and Valuation of the Property of the said deceased at the time of his death, as far as I can at present ascertain.

Sworn at St. Johns in the                              Chas. W. H. Tessier
Electoral District of St. Johns
this 8^th day of December
A.D. 1900, before me.

D. M. Browning
Clerk

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

In the Estate of John Purcell Brophy deceased,
We Arthur S. Rendell of St. Johns in the Island of Newfoundland commission merchant and William P. Rogerson of the said place merchant severally make oath and say:
That we are the proposed sureties on behalf of the intended administrator with the Will annexed, of the estate and effects, rights and credits of John Purcell Brophy deceased, in the within bond named, for the faithful administration of the said estate and effects rights and credits, of the said deceased; and I the said Arthur S. Rendell for myself make oath and say : that I am worth property to the amount of two thousand and one hundred dollars over and above all incumbrances and over and above what will pay my just debts and every other sum for which I am now bail, or for which I am liable as surety or endorser or otherwise, and I the said William P. Rogerson for myself make oath and say, that I am worth property to the amount of two thousand one hundred dollars, over and above what will pay my just debts and every other sum for which I am now bail and for which I am liable as surety or endorser or otherwise.

The above named Arthur S. Rendell                           A. S. Rendell
and William P. Rogerson were severally                    W. P. Rogerson
sworn before me this eighth day of
December A.D. 1900 at St Johns in the
Electoral District of St. Johns

D. M. Browning
Clerk

Know all Men by these Presents: That we are jointly and severally bound unto our Sovereign Lady Victoria by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c, in the sum of dollars, to be paid to our said Sovereign Lady the Queen, Her Heirs and Successors for which payment well and truly to be made, we bind ourselves and each of us for the whole, our and each of our executors and administrators, firmly by these presents. Sealed with our seals.

Dated the 8^thday of December in the year of our Lord 1900.

The Condition of this obligation is such that if the above named Charles H. W. Tessier as administrator of all the estate and effects, rights and credits of John Purcell Brophy late of Ottawa in the Electoral District of in the Island of Newfoundland in the Dominion of Canada deceased, (who died on or about the 27^th day of March A.D. 1896 do, when lawfully called on in that behalf, make, or cause to be made, a true and perfect inventory of all and singular the estate and effects, rights and credits of the said deceased, which have or shall come into the hands, possession or knowledge of the said Charles H. W. Tessier or into the hands or possession of any other person or persons for and the same so made do exhibit, or cause to be exhibited, into the Registry of the Supreme Court of Newfoundland, whenever required by law so to do, and the same estate and effects, rights and credits, and all other estate and effects, rights and credits of the said deceased at the time of death which at any time after shall come into the hands or possession of the said Charles H. W. Tessier committed, so far as such property will thereunder extend and the law bind him and further, do make, or cause to be made, a full, true and just account of his said administration within twelve months or sooner if thereunto required, and all the rest and residue of the property shall deliver and pay unto such person or persons as shall be by law entitled thereto, then this obligation to be void and of no effect, or else to remain in full force and virtue.

SIGNED, SEALED and DELIVERED
in the presence of
Chas H. W. Tessier
A. ???
M. Rogerson
D. M. Browning
C C & R