Joseph Delahunty
          1900

Estate of Joseph Delahunty 1900
From LDS Microfilm #2057448

AFFIDAVIT.
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In the Supreme Court of Newfoundland
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NEWFOUNDLAND }
Ferryland   To Wit      }
We do swear that we believe that Joseph Delahunty of Ferryland deceased, died without a Will; and that we 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 we will exhibit a true, full and perfect Inventory of the said Goods of the deceased, and render a true account of our Administration into the Registry of the said Court, within six months from the date hereof, or when we shall be thereunto lawfully required; and that the whole of the Goods, Rights, Chattels, Assets, Credits and Effects of the said deceased of which he died possessed, within the jurisdiction of this Court, do not, according to the best of our knowledge, judgment and belief, amount to the value of Eight hundred dollars.

So help us God

Sworn at Ferryland                                                            Richard Delahunty
this 4^th day of January                                                                       her
A.D. 1900, having been                                                      Elizabeth X Delahunty
first read over and explained                                                              mark
and understood by deponent.

          Before me

          J. Ryan
Commissioner of Affidavits, Supreme Court

1900

Estate of Joseph Delahunty
late of Ferryland
in the Southern District
Planter deceased

Letters of Administration granted to
Elizabeth Delahunty
Richard Delahunty
of Ferryland

Dated February 24, 1900

Sureties John J. Winsor
Joseph Costello

Estate sworn under $ 800.00

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

D. M. Browning
Actg. Chief Clerk and Registrar

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

The Petition of Richard Delahunty of Ferryland Planter

Humbly Sheweth

1. That Joseph Delahunty late of Ferryland aforesaid died at that place on or about the 6^th day of March 1899 having previously signed the annexed paper writing marked "A" under the circumstances set forth in the affidavit of Henry Winsor marked "B" also hereto annexed.
2. That the said Joseph Delahunty left him surviving two sons your petitioner and James Delahunty at present residing in Boston in the United States of America and one daughter.
3. That at the time of his death the said Joseph Delahunty was possessed of property in the jurisdiction of this court of the probable value of $800.00.
4. That no probate of any will nor administration to the estate of the said Joseph Delahunty has been granted forth of this Honorable Court

          Your petitioner therefore prays that this Honorable Court may be pleased to grant to him as the executor named in the said paper writing probate of the same as the last will and testament of the said Joseph Delahunty or in default thereof grant to him administration of estate of the said Joseph Delahunty and as in duty bound will ever pray &c &c &c.

          Dated at Ferryland this 21^st day of June 1900

Richard Delahunty

Newfoundland
Ferryland S.S.
I Richard Delahunty of Ferryland aforesaid Planter make oath and say as follows:

1. I am the petitioner in the foregoing petition named.
2. The facts therein contained are just correct and true to the best of my knowledge and belief.

Sworn before me at Ferryland
this 21^st day of June                                                  Richard Delahunty
A.D. 1899

(Transcriber's Note: the handwriting in the following pages is of very poor quality and extremely difficult to read.)

A

To whom it may concern
Be it known that I Joseph Delahunty of Ferryland in the District of Ferryland in the Island of NFLD do hereby will my property as follows

          To my wife Elizabeth -----one third of the property now occupied by her and me while she lives or remains a widow. Should she mary [sic] or voluntarily leave her part to go to my son Richard
          Also to my wife I leave Two Hundred dollars now deposited in the Saving Bank to be given in investment of Thirty Two Dollars per year while it lasts
          To my Son Michael
I give Two Thirds of Pro???ts ??? with Horse & One Cow & half the sheep also land & Slide? should he require it half the House to live in himself, but must not let or give to any other person to live there or disturb my wife in any way: also Two hundred Dollars now in the Savig [sic] Bank

          The Fishing Property at the Beach all belongs to my son Richard
I ??? ??? that he shall fence Portion of grave? yard? & Provide a Memory of me also Twenty dollars for masses at various times

Continued on next Page
Robert Shanahan
Michael Kelly

Page 2

          To my daughters

Rose? & Annie One Hundred & Fifty Dollars each, now deposited in the Nova Scotia Bank

          My Son James
If he should com [sic] home to live he shall have one third of Property, farm & House, or sam [sic] as Richard

After my wife dies her part goes to my son Michael ^{or maries [sic]} or his heirs.

If my son Richard dies without heirs the Property shall go to some of his name

          I appoint my son Richard sole Executor to this my last will

          Since making the above will I will that the mony [sic] Seven hundred dollars should be devided [sic] as follows
To my wife Two Hundred dollars 200
To my daughter Rose? Two Hundred dollars 200
To my daughter Annie's Children One Hundred 100
To my daughters or? for their Benefit

Sept 10?          Joseph Delahunty
1898                Henry Winsor?

Delahunty

The Ter??te? ???
a ?????????????
and it does not
appear that the
will was read
over to the ???
witnesses at the
time? of its execution?
consequently I
consider the proof
insufficient under
The Wills Act
(Illegible initials)
??? ??? is
ordered to ?????
Delahunty & Richard
Delahunty as prayed for.
J (rest illegible)

Newfoundland

Southern District
Ferryland to wit

          I Robert Shanahan, Ferryland, fisherman make oath and say as follows :-
I reside at Ferryland. About the latter part of September A.D. 1898 and at the request of Joseph Delahunty, Ferryland aforesaid, I wrote my name to the annexed paper writing marked "A", which he acknowledged to be his will all right.
(2) I signed my name as a witness thereto in his presence
3  That at the time of signing the said paper writing the said Joseph Delahunty was of sound mind, memory and understanding.

Robert Shanahan (Stamp alongside name)

Sworn before me at Ferryland
District aforesaid, this 22^nd
day of June A.D. 1899
J. Ryan, Commissioner of Supreme Court
Newfoundland

Newfoundland
Southern District
Ferryland, to wit

          I Michael Kelly of Ferryland aforesaid, fisherman, make oath and say as follows :-

1. I reside at Ferryland. At the request of Joseph Delahunty, Ferryland, aforesaid, I wrote my name to the annexed paper marked "A", which he acknowledged to be his last Will and Testament.
2. In his presence I signed my name as a witness thereto.
3. That at the time of signing the said paper writing the said Joseph Delahunty was of sound mind, memory, and understanding.

Michael Kelly

Sworn before me at Ferryland
District aforesaid this 22^nd day
of June A.D. 1899.

          J. Ryan
Commissioner of Supreme Court ???

"A"

Newfoundland
Ferryland S.S.
          I Henry Winsor of Ferryland aforesaid make oath and say as follows :-

1. I reside at Ferryland aforesaid and on or about the 15^th day of September 1898 at the request of Joseph Delahunty I wrote the annexed paper writing marked "A" which he signed in my presence and acknowledged to be his last will and testament.
2. In his presence I signed my name as a witness thereto.
3. The names of the witnesses Robert Shannahan and Michael Kelly were affixed thereto at a later date but in the presence of the said Joseph Delahunty who at the same time acknowledged the said paper writing to be his last will and testament.
4. That at the time of signing the said paper writing the said Joseph Delahunty was of sound mind memory and understanding and the said paper writing was read over and explained to him.

Henry Winsor

Sworn before me at Ferryland
this 22^nd day of June A.D. 1899

          J. Ryan
Commissioner of Supreme Court

In the matter of the Estate of Joseph
Delahunty late of Ferryland deceased.

Newfoundland
Ferryland S.S.
          I John J. Windsor J. P. of Ferryland and Joseph Costello of Ferryland the sureties named in the bond hereto annexed make oath and say as follows :-

We are and each of us is worth the sum of $3000 over and above any debts which we or either of us may have or be liable for.

Sworn before me at Ferryland                              John J. Windsor
this 4^th day of                                                       Jos. Costello
January A.D. 1900

J. Ryan
Commissioner of Supreme
Court, Newfoundland

Supreme Coourt of Newfoundland
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(Written in the left margin:)
Approved
J.J. Little
C.J.

Be it Remembered That on this 4^th day of January in the 63^rd  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 Nine Hundred personally appeared Richard Delahunty, Elizabeth Delahunty, John J. Windsor and Joseph Costello all of Ferrylandand 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 Three thousand 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 Richard Delahunty and Elizabeth Delahunty as Administrators of the Estate and Effects of Joseph Delahunty of Ferryland 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 them the said Richard Delahunty and Elizabeth Delahunty as such Administrators or to the hands or possession of any other person, or persons, for them and the same so made do exhibit, or cause to be exhibited, in the Supreme Court of Newfoundland, at or before the Fourth day of July 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 them the said Richard Delahunty and Elizabeth Delahunty or to the hands or possession of any other person or persons for them shall well and truly administer according to Law, and further shall make, or cause to be made, a just and true account of his said Administration, on or before the Fourth day of January which will be in the Year of Our Lord One Thousand nine hundred and one and afterwards from time to time as they 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.

Signed and sealed                                                            Richard Delahunty
in the presence of                                                                            her
                                                                                        Elizabeth X Delahunty
                                                                                                       mark
J. Ryan J. P.                                                                   John Windsor
Commissioner of Affidavits                                            Jos Costello
S.C.