Richard F. Hayes
          1900

Estate of Richard F. Hayes 1900
From LDS Microfilm #2057448

NOTICE

Three days after the date hereof application will be made to the Honourable the Supreme Court, or one of the Honourable the Judges thereof for Letters of Administration cum testamento annexo to the Estate of Richard Francis Hayes, late of St. Johns, Cooper, deceased, to be granted to Margaret Hayes widow of said deceased.
          Dated the 26^th day of October A. D. 1900

W.J.C.                                        Chas. O'Neill Conroy
A.C.S.C.                                     Solicitor for applicant

I CERTIFY that the notice on the other side hereof has been posted in the Clerk's Office from the day of the date thereof to the present day, and that no caveat or other objection has been entered thereto.
          St. Johns October 31^st 1900

W.J. Carroll

TO THE HONOURABLE THE SUPREME COURT, OR ONE OF THE HONOURABLE THE JUDGES THEREOF

THE PETITION of Margaret Hayes, of Kings Bridge Road in the town of St. Johns in the Island of Newfoundland, Widow, by her solicitor, Charles O'Neill Conroy

Humbly Sheweth

1. Richard Francis Hayes, late of St. Johns aforesaid, Cooper, died at the said place on the 9^th day of October, A.D. 1900, having previously made his last will and testament.
2. The paper writing annexed hereto and marked "A" is the said last will and testament of the said Richard Francis Hayes, and is dated the 18^th day of September A.D. 1882.
3. The said deceased left him surviving his widow, your Petitioner, and three children, namely Alice, aged 22, Anne, aged 20, and John, aged 19.
4. The inventory and valuation hereto annexed marked "B" is to the best of your Petitioner's knowledge and belief, a just and true inventory and valuation of the property of the said deceased at the time of his death, so far as your Petitioner can at present ascertain.
5. By his said last will and testament the said deceased appointed James P. Fox, Esquire, of St. Johns aforesaid, the sole executor thereof, and the said James P. Fox died on the 27^th day of February A.D. 1899.
6. No letters of probate or administration to the will or estate of the said Richard Francis Hayes have been granted forth of this Honourable Court to anyone.

          YOUR PETITIONER therefore prays that your Honourable Court or your Lordship may be pleased to grant to her Letters of Administration Cum Testamento Annexo to the Estate of the said Richard Francis Hayes, deceased:

          And, as in duty bound, will ever pray etc, etc.
Dated the 30^th day of October A.D. 1900

Chas. O'Neill
Solicitor for said Petitioner
whose address is Law Chambers, St. Johns, N.F.

A

In the Name of God Amen

I Richard Francis Hayes of Saint Johns in the Island of Newfoundland, Cooper, do make publish and declare this paper writing to be my last Will and Testament and I hereby annul and make void all former Wills and Testaments by me made or executed. I give devise and bequeath unto my Executors hereinafter named the two dwelling houses situate in Gower Street, one occupied by Captain Olson and the other by myself, together with all land owned by me, adjoining said dwelling houses or elsewhere, also all monies I may die possessed whether in the known Bank of Newfoundland, in the Savings Bank of Newfoundland or elsewhere, also all my household furniture and all other property of every description and wheresoever situate. In trust to apply the rents issued and profits of said dwelling houses and land and the interest arising out of all monies I may die possessed of, for and towards the support and maintenance of my wife, Margaret Hayes, and for and towards the support, maintenance and education of my children, Richard, Alice and Anne and any future children that may be born to me and upon the youngest surviving child attaining the age of twenty one years all my property and money aforesaid to be equally divided between my said wife, Margaret, provided she remains a widow and my children share and share alike. In case my said wife, Margaret, should marry

Page 2

then and in such case all her interest in my property shall cease and all her claim or interest therein shall ceaseand all her claims or interest therein shall go and ??? the property of my children to be divided as aforesaid, share and share alike. All my household furniture to be divided in like manner as my property aforesaid.
I hereby nominate and appoint James P. Fox of the firm of "James Fox and Son" sole Executor of this my last Will and Testament.

In witness whereof I have
hereunto my hand and seal
subscribed and set at Saint
Johns this Eighteenth day of
September A.D. 1882.

Richard Francis Hayes

Signed sealed published and
declared by the said Richard
Francis Hayes as and for his
last Will and Testament in presence
of us and each of us who have
hereto in his presence at his
request and in presence of each
other subscribed our names as
witnesses.

M.J. O'Mara
(Illegible signature)

IN THE SUPREME COURT OF NEWFOUNDLAND

In the matter of the Will and Estate of
RICHARD FRANCIS HAYES, late of St. Johns,
Cooper, deceased.

Newfoundland
St. Johns, S.S.
I, Robert C. Smith, of St. Johns aforesaid, Accountant, make oath and say as follows:-

1. I know and was well acquainted with Richard Francis Hayes, late of St. Johns aforesaid, Cooper, deceased.
2. I have frequently seen the said Richard Francis Hayes write, and am well acquainted with his handwriting.
3. I have examined the signature "Richard Francis Hayes," attached to the annexed paper writing marked "A", purporting to be the last will and testament of the said deceased, and verily believe that the same is of the true and proper handwriting of the said Richard Francis Hayes.

Sworn at St. Johns aforesaid this                                        Robert C. Smith
31^st day of October A.D. 1900

before me

D. F. Kent
Commissioner of Affidavits, S.C.

IN THE SUPREME COURT OF NEWFOUNDLAND.

In the matter of the Will and Estate of
RICHARD FRANCIS HAYES, late of St. Johns,
Cooper, deceased.

Newfoundland
St. Johns, S.S.
I John J. Flannery, of St. Johns in the Island of Newfoundland, Clerk of the Peace, make oath and say as follows:-

1. I knew and was well acquainted with Michael J. O'Mara, late of St. Johns aforesaid, Barrister at Law, deceased.
2. I have frequently seen the said Michael J. O'Mara write and am acquainted with his handwriting.
3. I have examined the signature of "M. J. O'Mara" attached to the signature of a witness to the annexed paper writing marked "A", purporting to be the last will and testament of Richard Francis Hayes, of St. Johns aforesaid, Cooper, and verily believe that the same is of the true and proper handwriting of the said Michael J. O'Mara, deceased.

Sworn at St. Johns aforesaid
this 31^st day of October                                        J. J. Flannery
A.D. 1900

before me
Geo. J. Adams
Commissioner of Affidavits, S.C.

IN THE SUPREME COURT OF NEWFOUNDLAND.

In the matter of the Will and Estate of
Richard Francis Hayes, late of St. Johns,
Cooper, deceased.

Newfoundland
St. Johns, S.S.
I, Donald M. Browning of St. Johns aforesaid, one of Her Majesty's Counsel, make oath and say as follows:-

1. I knew and was well acquainted with Arthur Milroy, late of St. Johns aforesaid, but at present residing out of the jurisdiction of this honourable Court.
2. I have frequently seen the said Arthur Milroy write, and am well acquainted with his handwriting.
3. I have examined the signature "Arthur Milroy" attached to the signature of a witness to the annexed paper writing marked "A", purporting to be the last will and testament of, Richard Francis Hayes, of St. Johns aforesaid, Cooper, and verily believe that the same is of the true and proper handwriting of the said, Arthur Milroy, ???.

SWORN at St. Johns aforesaid
this 31^st day of October                                                  D. M. Browning
A.D. 1900

before me

Geo. J. Adams
Commissioner of Affidavits, S.C.

IN THE SUPREME COURT OF NEWFOUNDLAND.

In the Estate of RICHARD FRANCIS HAYES deceased.

Inventory and Valuation of the Property of the said Deceased.

Newfoundland
St. Johns S.S.
I, Margaret Hayes, of St. Johns aforesaid, Widow, make oath and say as follows:

1. I am the Petitioner in the foregoing Petition named.
2. The several matters and things therein contained are correct and true, to the best of my knowledge and belief.

Sworn at St. Johns aforesaid                                        Margret Hayes
this 29^th day of October
A.D. 1900
before me.

W. J. Carroll
Commissioner of Affidavits, S.C.

Know all Men by these Presents: That we Margaret Hayes of St. Johns in the Electoral District of St. Johns East, Widow, John Bowring of St. Johns Merchant and Marmaduke G. Winter also of St. Johns Merchant 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 Twenty eight thousand 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 Second day of November in the year of our Lord 1900.

The Condition of this obligation is such that if the above named Margaret Hayes as administratrix of all the estate and effects, rights and credits of Richard Francis Hayes late of St. Johns in the Electoral District of St. Johns East in the Island of Newfoundland deceased, (who died on or about the 9^th day of October 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 her the said Margaret Hayes or into the hands or possession of any other person or persons for her 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 his death which at any time after shall come into the hands or possession of her the said Margaret Hayes or into the hands or possession of any other person or persons for her, 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 further, do make, or cause to be made, a just and true account of her said administration within twelve months from this date, or whenever required by law so to do, and all the rest and residue of the said estate and effects, rights and credits, do deliver and pay unto such person or persons respectively as shall be entitled thereto under any law now in force or that may hereafter be in force in Newfoundland; and if it shall hereafter appear that any last will and testament was made by the deceased and the executor or executors therein named do exhibit the same unto the said Court, making request to have it allowed and approved accordingly, if the said Margaret Hayes being thereunto required, do render and deliver the said letters of administration (approbation of such testament being first had and made) in the said Court, then this obligation to be void and of no effect, or else to remain in full force and virtue.

Signed, Sealed and Delivered                                                  Margaret Hayes
in the presence of
W.J. Carroll                                                                            John Bowring
Commissioner                                                                           M. G. Winter

In the Supreme Court of Newfoundland

In the Estate of Richard Francis Hayes late of St. Johns in the Electoral District of St. Johns, Cooper, deceased; We John Bowring of St. Johns, Merchant, and Marmaduke G. Winter, also of St. Johns, Merchant, severally make oath and say:
That we are the proposed sureties on behalf of Margaret Hayes, the intended administratrix of all and singular the estate and effects, rights and credits, of Richard F. Hayes, 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 John Bowring for myself make oath and say that I am worth property to the amount of Fourteen thousand 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 Marmaduke G. Winter for myself, make oath and say, that I am worth property to the amount of Fourteen thousand 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 John Bowring
and Marmaduke G. Winter were                                                  John Bowring
severally sworn before me, this 2^nd
day of November A.D. 1900 at
St. Johns in the Electoral District
of St. Johns.

W. J. Carroll
Commissioner

In the Supreme Court.
----------------

In re
Richard Francis Hayes
deceased.

================
ADMINISTRATION  BOND.
================

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

In the Estate of deceased of Richard F. Hayes late of St. Johns in the Electoral District of St. Johns, Cooper, deceased, I Margaret Hayes of St. Johns in the Island of Newfoundland, Widow, 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 late of Richard Francis Hayes late of St. Johns in the Electoral District of St. Johns, in the Island aforesaid, Cooper, deceased, and that I will well and faithfully administer the estate and effects of the testator by paying just debts and the legacies contained in Will so far as the same shall thereto extend and the law bind me and by distributing the residue of the said estate and effects, rights and credits according to law; and that I will exhibit a true and perfect inventory of all and singular the estate and effects, rights and credits, of the testator 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 the said estate and effects, rights and credits of the deceased is Thirteen thousand nine hundred and thirty one 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                                                            Margret Hayes
on the 2^nd day of November
A.D. 1900 before me

W. J. Carroll
Commissioner

In the Supreme Court

In re
Richard Francis Hayes
                    deceased

================
OATH OF ADMINISTRATOR
with the will annexed
================

Administration granted on the 3^rd
day of November 1900

Sureties:
John Bowring
Marmaduke G. Winter

Value of Estate $ 13,931.00