Joseph Coady
          1900

Estate of Joseph Coady 1900
From LDS Microfilm #2057448

AFFIDAVIT
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In the Supreme Court of Newfoundland
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NEWFOUNDLAND
St. Johns To Wit          I James J. Pitman of St. John's aforesaid Barrister at Law in the Central District of Newfoundland, do swear that I believe this to be the true Last Will and Testament of Joseph Coady late of Lamaline in the Southern District Planter deceased and I do further swear that I will pay all the Debts and Legacies of the said deceased so far as his 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 Joseph Coady deceased, and of which he died possessed, do not, according to the best of my knowledge, judgment and belief, amount to the value of Three thousand five hundred dollars

So help me God

Sworn at Saint Johns                                                            J. J. Pitman
this 16^th day of May
A.D. 1900

Before me

W. F. Farrell
Commissioner of Affidavits, Supreme Court

1900

Estate of Joseph Coady
late of Lamaline
in the Southern District
Planter deceased

Probate granted to
Jos. J. Pitman of St. Johns
in the Central District, the
Executor named in the Will

Dated May 16^th 1900

Estate sworn under $ 3,500.00

The Hon'r Jos. J. Little Chief Justice
Geo. H. Emerson Judge
D. Morison Judge

D. M. Browning
Actg. Chief Clerk and Registrar

Notice

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 to the Administration Cum Testamento Annexo of the Estate of Joseph Coady late of Lamaline planter deceased to be granted to John O'Reilly or such other person as the Court may direct.
Dated at St. Johns this 29^th day of January AD 1900
George T. Carty
Solicitor for Applicant
(The following comment has been written directly over the left half of the above note-Transcriber)

"Let nothing be done in the matter of this Estate without notice to J. J. Pitman
Feby 2/00          Solicitor for Several of the next of kin "

The Honourable the Supreme Court or one of the Honourable the Judges thereof

The petition of John O'Reilly of Placentia Miner

Humbly Sheweth

1. That petitioner's father-in-law Joseph Coady late of Lamaline in the Southern District Planter died at St. Johns in the year 1894, having made and executed as petitioner is informed and believe, his last will and testament of which he appointed James J. Pitman of St. Johns Solicitor the Executor
2. That the said will has not been probated by the said Executor though the same is now in his possession as petitioner is informed.
3. That the deceased left him surviving as next of kin five sons viz Joseph, Hugh, John, Lawrence, and Michael and one daughter since deceased the wife of petitioner, all of were interested under the said will.
4. That the estate of deceased consisted at the time of his death of moneys, securities for moneys, lands, and moveable property, but of its value petitioner is not fully aware, but believe the same to exceed in value four thousand dollars.
5. That the petitioner has posted a notice for the administration, and the said James J. Pitman has put up a caveat thereto on behalf of certain unnamed next of kin.
6. That no Probate of any will or administration to the estate has as yet ben granted to anyone.

Page 2

PRAYERS

Your petitioner therefore prays :-

1. That the said James J. Pitman may be ordered to bring in the said will and deposit the same in the Registry of the Court.
2. That the said James J. Pitman may be ordered to attend before the Supreme Court or a Judge to be examined touching the existence or present or part possession of any document purporting to be such will.
3. That Administration (with the will annexed) of such will exists or it not, Administration to the estate of deceased may be granted to your petitioner or such other person as the Court or your Lordship may direct.

          And as in duty bound he will ever pray.

          Dated at Placentia this 17^th day of February 1900.

John O'Reilly

Supreme Court

Matter of the
estate of
Joseph Coady deceased

Placentia SS
I John O'Reilly of Placentia Miner make oath and say as follows:

1. I am the petitioner in the foregoing petition named
2. That the several matters and things in the said petition set forth are just and true in every particular to the best of this deponent's judgment, knowledge and belief.

Sworn before me                                                            John O'Reilly
at Placentia this
17^th day of February
A.D. 1900

Ed Sinnot
Commissioner of S. C.

1900

Supreme Court

In the matter of
the will and estate
of Joseph Coady de-
ceased

PETITION
of John O'Reilly for
Administration

Feb 22 1900 Filed

(Transcriber's note: The following comment or instruction is hand written on the left half of the above page.)

"Let a Survivors? issue asking? Joseph Hugh Michael Lawrence and John Coady sons of the deceased Joseph Coady and James J. Pitman executor named under the alleged Will of said Joseph Coady show cause why Administration should not be granted to the plaintiff John O'Reilly or such other person as the Court or Judge may appoint.
Feby 24/1900
Geo. H. Emerson
          J.

In the Supreme Court

In the matter of the Estate and Will of Joseph Coady late of Lamaline in the island aforesaid, Planter deceased.

Upon motion of Mr. George Carty and upon reading the Petition herein I do order that James J. Pitman of St. Johns in the Island aforesaid Solicitor do produce and bring into Court within two days after the Service of this order on him the Will or any paper or writing being or purporting to be the Will or Testament of the said Joseph Coady deceased. Failing such production and bringing into Court that the said James J. Pitman do attend before me in Chambers at the Court House on Saturday the 24^th day of February instant at ?? oclock A.M. to be Examined upon Oath touching any Will or Testament or any paper writing purporting to be the will or testament of said Joseph Coady deceased.

Upon motion of                                                                      Geo. H. Emerson
Mr. Geo Carty Solicitor                                                                      J
for John O'Reilly a legatee

1900

In the matter of the
Estate of Joseph Coady
of Lamaline in the
Island aforesaid Planter
deceased

Order to produce Will
or
the ex???ine?

Feb 23 1900 Filed

Ma??es of Will of Joseph Coady of
Lamaline but at present of St. Johns
Planter

1. The Dwelling House, Household Furniture and prop stock at Lamaline aforesaid I propose giving to my sons John and Michael absolutely, share and share alike as Tenants in Common
2. All other land and property (save money and securities for money) of whatsoever kind or nature and wheresoever situate and of which I may die possessed, I purpose divising [sic] to my five sons Joseph, Hugh, John, Lawrence and Michael to be used by them in common for the purposes of their several business.
3. All moneys or securities for moneys of which I may die possessed I wish to be divided between all my children viz Joseph, Hugh, John, Lawrence, Michael and Katherine wife of John O'Reilly of Placentia in equal proportions.
   
   
   
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4. I appoint James J. Pittman of Saint Johns Solicitor sole Executor of my last Will and Testament

          Dated at Saint Johns this          day of October A.D. 1892.

Witness                                                                                Joseph Coady
J. J. Pitman
John ???

??? of Will of
Joseph Coady

Will proved in
Solemn? form on May 12
1900 and Letters of
Probate issued to
James J. Pitman of
St. Johns Solicitor by
order of Emerson J.