Michael Carroll
           1900

Estate of Michael Carroll 1900
From LDS Microfilm #2057448

Notice

After three days application will be made to the Honorable the Supreme Court or to one of the Honorable the Judges thereof for Letters of Administration with the will annexed to the Estate of Michael Carroll late of St. Johns Gardener deceased to be granted to John Kean of St. Johns Shoemaker.
           Dated at St. Johns this 18^th day of September A.D. 1900

(Illegible initials)                      Wood Kelly & Mews
Clerk                                          Solicitors for Applicant

I hereby Certify that the notice on the other side hereof written was posted in my office on the day of the date thereof and that no caveat or other objection has been entered thereto.
           Dated at Saint Johns this 27^th day of September A D 1900
D. M. Browning
C. C. & R.

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

In the Estate of Michael Carroll late of S. Johns Gardener deceased, I John Kean of St. Johns in the Electoral District of St. Johns in the Island of Newfoundland Shoemaker, make oath and say that I believe the paper writing hereto annexed and marked by me to contain the true and original last Will and Testament of Michael Carroll late of St. Johns, in the Electoral District of St. Johns in the Island aforesaid Gardener deceased; and that I will well and faithfully administer the debts and the legacies contained in the said Will and distributing the residue of the said estate and effects, rights and credits, according to law; that I will exhibit a true and perfect Inventory of all and singular the said estate and effects, rights and credits, and render a just and true account thereof whenever required by law so to do; that the said deceased at the time of his death, had a fixed place of abode in the Island aforesaid; and, that the gross value of he said estate and effects, rights and credits of the deceased is Five hundred and Seventy dollars, and no more, according to the best of my knowledge, information and belief.

Sworn at S. Johns in the Electoral                                            John Kean
District of S. Johns
on this 28^th day of September
A.D. 1888 before me

D. M. Browning
Comm'r of Affdts, Supreme Court

In the Supreme Court

In re
Michael Carroll
deceased

OATH OF ADMINISTRATOR
WITH THE WILL ANNEXED

Administration granted on the
29^th day of September A.D. 1900
to John Kean

Sureties: Patrick Leonard
Francis Naugle

Value of Estate $ 570.00

Know all Men by these Presents:THAT WE John Kean of St. Johns in the Island of Newfoundland shoemaker, Patrick Leonard of the said place grocer and Francis Naugle of the said place licensed publican 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 one thousand one hundred and forty 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 28^th day of September in the year of our Lord 1900

The Condition of this Obligation is such that if the above named John Kean as administrator of all the estate and effects, rights and credits of Michael Carroll late of St. Johns in the Electoral District of St. Johns in the Island of Newfoundland, gardener deceased, (who died on or about the 2^nd day of May A.D. 1900) 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 John Kean or into the hands or possession of any other person or persons for him and the same so made do exhibit, or cause to be exhibited, into the Registry of the Supreme Court of Newfoundland, whenever required by the law so to do, and the same estate and effects, rights and credits, and all the 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 John Kean or into the hands or possession of any other person or persons for do well and truly administer according to law, that is to say, do pay the debts which the said deceased did owe at his decease, and then the Legacies contained in the said Will annexed to the said Letters of Administration to the said John Kean committed, so far as such property will thereunto extend and the law bind him the said John Kean, 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 ?????????????????????????????????????? (Cannot be read due to fold in document) 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                                            John Kean
in the presence of                                                               Patrick Leonard
D. M. Browning                                                               Francis Nangle?
C. C. & R.

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

In the Estate of Michael Carroll deceased We Patrick Leonard of St. Johns in the Island of Newfoundland grocer and Francis Naugle of the said place licensed publican  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 Michael Carroll 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 Patrick Leonard for myself make oath and say that I am worth property to the amount of One thousand one hundred and forty dollars, over and above all incumbrances [sic] 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 Francis Naugle for myself, make oath and say, that I am worth property to the amount of One thousand one hundred and forty 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 Patrick Leonard                                            Patrick Leonard
and Francis Naugle were severally
sworn before me, this 28^th day of                                                Francis Naugle
September A.D. 1900 at St. Johns

D. M. Browning
Commissioner affts
Supreme Court

In the Supreme Court

In re

Michael Carroll

deceased

ADMINISTRATION BOND
WITH WILL ANNEXED

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

NEWFOUNDLAND
St. John's To Wit
I William O'D Kelly [sic] aforesaid, Solicitor of Saint Johns make oath and say that on the 25^th day of January A.D. one thousand eight hundred and ninety five I was present and did see Michael Carroll late of Saint Johns Gardener the Testator named in the paper writing hereunto annexed marked A, duly sign, publish and declare the said annexed paper writing as and for his last Will and Testament, in my presence and in the presence of John Skinner the other subscribing witness thereto. That I and said John Skinner 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 Testator was of sound and disposing mind, memory and understanding, to the best of my knowledge and belief.

Sworn at Saint Johns
this 26^th day of September                                                       W. O'D Kelly
A.D. 1900

Before me
Simon Butler
Commissioner of Affidavits, Supreme Court

A

This is the last Will and Testament of me Michael Carroll of Saint Johns Gardener. I give devise and bequeath to my daughter Margaret Kean of Saint Johns wife of John Kean of same place shoemaker all my lands goods chattels property and effects of every description. I appoint William Irving of Saint Johns Farmer sole executor of this my will - I hereby revoke and annul all former and other wills and testaments by me at any time made and declare this to be my last will and testament.
           In witness whereof I have set my hand to this my will at Saint Johns aforesaid this twenty fifth day of January - anno domini One thousand eight hundred and ninety five.

Signed published and
declared by the said
testator as and for his
last will and testament                                                       Michael Carroll
in the presence of us both
being present at the same
time who in his presence
at his request and in the
presence of each other
have hereunto subscribed
our names as witnesses.
W. O. D. Kelly
John Skinner

Last Will and
Testament of
Michael Carrol
of Saint Johns

B

In the Supreme Court of
Newfoundland

In the matter of the Will
and Estate of Michael Carroll
late of Saint Johns Gardener
deceased

Whereas Michael Carroll late of Saint Johns in the Central District of Newfoundland, Gardener deceased died on the           day of May Anno Domini One thousand nine hundred at St. Johns and had at the time a fixed place of abode at Saint Johns within the said district.
And whereas he made and duly executed his last will and testament bearing date the 25^th day of January AD One thousand eight hundred and ninety five and thereof appointed William Irving (alias Irvine) of Saint Johns Farmer, Executor, Now I the said William Irvin [sic] (alias Irving) do hereby declare that I have not intermeddled in the Estate and effects of said deceased and will not hereafter intermeddle therein with intent to defraud creditors and I hereby expressly renounce all my rights and title to the Probate and execution of the said will and I hereby appoint Messrs Wood Kelly & Mews of Saint Johns my Solicitors to file or cause to be filed this renunciation for me in the Registry of the Supreme Court of Newfoundland.
In Witness whereof I have hereto set my hand and seal at Saint Johns in the Island of Newfoundland this 14^th day of September Anno Domini One thousand nine hundred.
Signed sealed and delivered                                                       William Irvin
in presence of J. D. Kent
Commissioner of Affts, S.C.

(Transcriber's note: This short note has a diagonal line drawn through it.)

Acknowledged by within named Wm. Irvin this 14^th day September AD at 12:45 pm.
Before me
D. F. Kent
Commissioner of Affts, S.C.

Deed of
Renunciation

"C"

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

In the Estate of Michael Carroll late of
St. Johns, Gardener
----------------

Inventory and Valuation of the Property of the said Deceased.

(The rest of this page was not completed)

I
make oath and say that I am
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  death, as far as I can at present ascertain.

Sworn at           in the
Electoral District of          
this           day of          
A.D. 19   , before me.

Clerk

*The Inventory and Valuation may be verified under the Petition.

D

In the Supreme Court
of Newfoundland

In the Estate & Will of
Michael Carroll late of S. Johns
Gardener, deceased

           Whereas Michael Carroll late of S. Johns deceased died there on or about the 2^nd day of May AD 1900 leaving a will of which he appointed Wm. Irvin (alias Irving) Executor And whereas the said William Irvin (alias Irving) by deed dated the 14^th day of September last renounced all his right and title to the probate and execution of said will and whereas I Margaret Kean (wife of John Kean) being the only surviving child and only legatee of said deceased desire that Administration with the will annexed to the Estate of said deceased may be granted to said John Kean. Now I hereby consent to administration with the will annexed to the Estate of said Michael Carroll, deceased, being granted to the said John Kean.
           As witness my hand at Saint Johns this 20^th day of September AD 1900.
                                                                             Margaret Kean
Witness: Samuel Ryan

Newfoundland
St. Johns
to wit           I Samuel Ryan of Saint Johns aforesaid Accountant, make oath and say that I was present and did see Margaret Kean duly sign and deliver the foregoing paper writing on the day of the date thereof.
Sworn before me at S. Johns
aforesaid this 26^th day of September                                            Samuel Ryan
AD 1900.
Simon Butler
Commissioner of Affts S.C.

In the Est. of M'l Carroll
deceased

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

The Petition of John Kean of Saint Johns Shoemaker

HUMBLY   SHEWETH

1. Michael Carroll late of St. Johns Gardener deceased died there on or about the 2^nd day of May A.D. 1900 leaving a will in and by which he appointed William Irving (alias Irvin) Executor, copy of which will is hereto annexed marked "A".
2. The said William Irving (alias Irvin) by deed dated the 14^th day of September A.D. 1900 renounced all his right and title to the Probate and execution of said will, Said deed is hereto annexed marked "B".
3. The said deceased at the time of his death was possessed of property within the jurisdiction of your Honorable Court of the probable value of $570.00 as appears by the Inventory and valuation hereto annexed marked "C" which is correct and true as far as I can at present ascertain.
4. The said deceased left him surviving one daughter Margaret Kean (wife of your Petitioner) who is also sole legatee under said will and who has in the paper writing hereto annexed marked "D" consented to Administration with the will annexed being granted to your Petitioner.
5. No probate or Administration has been

Page 2

applied for or granted to any other person.

           Petitioner therefore prays that Administration with the will annexed to the Estate of Michael Carroll deceased may be granted to him.

           And as in duty bound he will ever pray etc.
           Dated at Saint Johns this 26^th day of September A.D. 1900

John Kean

Newfoundland
St. Johns to wit
I John Kean of St. Johns Shoemaker make oath and say as follows-

1. I am the petitioner named in the foregoing petition
2. The several matters and things therein contained and set forth are correct and true.

Sworn at St. Johns afore-
said this 26^th day of
September A.D. 1900                                                       John Kean

Before me
Simon Butler
Commissioner of Affidavits

1900

Supreme Court

In the matter of the
Estate and Effects of
Michael Carroll
late of Saint Johns
Gardener - deceased

Petition of John Kean
for Administration with
the will annexed

Fiat - on usual
security - Sept 27/1900

Geo. H. Emerson
J.

Wood Kelly & Mews
Solicitors for Petitioner