Mary F. Kelly
          1900

Estate of Mary F. Kelly 1900
From LDS Microfilm #2057448

I hereby certify that the within written notice has been posted up in the office of the Chief Clerk and Registrar from the 4^th of September last to date - and that no caveat or objection has been entered thereto.
          October 6^th . 1900
D. M. Browning
C.C & R

Notice

After three days application will be made to the Supreme Court or to one of the Honorable Judges thereof for Administration to the Estate of Mary Kelly late of Harbor Grace - Widow, deceased, to be granted to James Foley, eldest son living of deceased.
          St. Johns September 4^th 1900
A.D Hayward
Sol'r for James Foley
GJA
ACC&R

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

The Petition of James Foley of Harbor Grace, Shop Keeper

Humbly Sheweth

That Mary Foley Kelly late of Harbor Grace, deceased, Widow of Thomas Kelly deceased died at Harbor Grace on the Thirtieth of August last, leaving her surviving your Petitioner James Foley residing at Harbor Grace aforesaid and Catherine Walker, wife of John Walker, also residing in same place who has no interest in said Will.
That the said Mary Foley Kelly deceased left property and effects (but no money) of the probable value of Eight Hundred Dollars.
That the said deceased left a Will which has been proved on the affidavit of Augustus D. Hayward marked A and B, respectively.
That no Probate or administration has as yet been taken

Page 2

out to said Estate.
Your Petitioner therefore prays that Administration cum testamento annexo of said Mary Foley Kelly deceased may be granted to him upon his giving the usual security, and as in duty bound he will ever pray.

          St. Johns, September 4^th 1900          James Foley
Witness:
A.D. Hayward

Supreme Court
Newfoundland

St. Johns
to wit
I James Foley of St. Johns, but residing at Harbor Grace, the Petitioner within named, make oath and say that the contents of the within written Petition are correct and true.

Sworn before me                                                            James Foley
at St. Johns this
4^th day of September
A.D. 1900

Geo. J. Adams
Clerk

1900

Supreme Court

In the matter of the
Will of Mary Foley Kelly
deceased

Petition of James Foley
for administration c.t.a.

Filed Sept 4 / 00 ???

Fiat usual Security

Geo. Morison
J

Oct 6 . 1900

A   GJA
              Comm SC

This is the last Will and Testament of me Mary Foley Kelly of Harbor Grace, Widow.

1. I give, devise and bequeath to my son James Foley of Harbor Grace - during his natural life - the House I now live in and stable - grounds and land around the same - and after his death to my two grand Children James and Edward, both of James, and should anything happen to them - the same to go to the rest of my Foley Grand children - share and share alike - I having administered to said property and paid the whole debt on it the same belongs to me - I also give and bequeath to my said son, James Foley, the field towards the sea on Parsons Hill around the two houses hereinafter referred to - also the ground at Otterbury? but the same is not to go out of his family - also the land up at Ship Head to my said son James Foley and after his death to my Foley Grand Children - of James
2. The two houses on the said Parsons Hill but not the land around the same I give and bequeath to my Grand Son Edward now residing in the United States - provided he returns to Harbor Grace to reside permanently - but should he not do so, then the same ??? to my Foley grandchildrenshare and share alike. Also the house between Kennedy's and
   
   
   
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   Edward Vassi? ??? of Church Hill to my said Grandson Edward Foley if he returns to Harbor Grace as aforesaid and on the same conditions as before mentioned - viz; to my said Grand Children - share and share alike.

Signed and delivered                                                            Mary Foley Kelly
by the said Testatatrix
in our presence who
at her request and in
her presence and in the
presence of each other
have hereunto subscribed
our names as Witnesses,
this 26^th day of April A.D.
one thousand nine hundred.
The intertineation [sic] on first page "Kelly" sons of James ?? said Parsons having been first made -

Augustus D. Hayward
Daniel Fitzgerald mm?

Will
of Mary Foley Kelly

Dated April 26^th A.D. 1900

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

NEWFOUNDLAND
St. Johns   To Wit
I Augustus D. Hayward of St. Johns in the Electoral District of St. Johns West, One of Her Majesty's Council make oath and say that on the Twenty Sixth day of April A.D. One Thousand Nine Hundred, I was present and did see Mary Foley Kelly late of Harbor Grace, widow the Testatrix named in the paper writing hereunto annexed duly sign, publish and declare the said annexed paper writing as and for her last Will and Testament, in my presence and in the presence of  Daniel Fitzgerald the other subscribing witness thereto. That I and said Daniel Fitzgerald then and there signed our names to such Will as such witnesses, in the presence of the said Testatrix and of each other, and that at the time of the said execution of the said Will the said Testatrix was of sound and disposing mind, memory and understanding, to the best of my knowledge and belief.
Sworn at St. Johns
this 10^th day of September                                                  Augustus D. Hayward
A.D. 1900

Before me

Geo. I. Adams
Commissioner of Affidavits, Supreme Court

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

In the Estate of late of Mary Foley Kelly DECEASED.

Inventory and Valuation of the Property of the said Deceased.

I James Foley of Harbor Grace, dealer,
make oath and say that I am the intended administrator of the Estate of the 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 her death, as far as I can at present ascertain.

Sworn at Harbor Grace in the                                                            James Foley
Electoral District of Harbor Grace
this 8^th day of October
A.D. 1900, before me.

W. J. Lynch
Commissioner of Affidavits, Supreme Court

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

Know all Men by these Presents: That we James Foley of Hr. Grace in Island of Newfoundland dealer, John Strapp of Harbor Grace, aforesaid and John J? Murphy of Harbor Grace aforesaid 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 six hundred 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^th day of October in the year of our Lord 1900.

The Condition of this obligation is such that if the above named James Foley as administrator of all the estate and effects, rights and credits of Mary Foley Kelly late of Hr. Grace in the Electoral District of Hr. Grace in the Island of Newfoundland widow deceased, (who died on or about the 30^th day of August 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 him the said James Foley 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 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 her death which at any time after shall come into the hands or possession of him the said James Foley or into the hands or possession of any other person or persons for him, do well and truly administer according to law, that is to say, do pay the debts which the said deceased did owe at her decease, and then the Legacies contained in the said Will annexed to the said Letters of Administration to the said James Foley committed, so far as such property will thereunder extend and the law bind him the said James Foley and further, do make, or cause to be made, a full true and just account of 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                                                            James Foley
in the presence of                                                                               John Strapp
W. J. Lynch                                                                                      John J. Murphy
Commissioner

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

In the Estate of Mary Foley Kelly deceased We John Strapp of Harbor Grace Planter and John J. Murphy of Harbor Grace General Agent severally make oath and say:
That we are the proposed sureties on behalf of the intended administrator of all and singular the estate and effects, rights and credits, of Mary Foley Kelly 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 Strapp for myself make oath and say that I am worth property to the amount of sixteen 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 John J. Murphy for myself, make oath and say, that I am worth property to the amount of sixteen 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.

                    John Strapp
                       Jno. J. Murphy

The above named John Strapp
and John J. Murphy were severally
sworn before me, this 8^th day of
October A.D. 1900 at Harbor Grace
in the Electoral District of Harbor
Grace.

W. J. Lynch
Commissioner of Affidavits, Supreme Court

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

In the Estate of Mary Foley Kelly deceased I, James Foley of Harbor Grace, in the Electoral District of Harbor Grace 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 Mary Foley Kelly late of Harbor Grace in the Electoral District of Harbor Grace, in the Island aforesaid, widow, deceased: and that I will well and faithfully administer the estate and effects of the testator by paying her just debts and the legacies contained in her Will and by distributing the residue of the estate according to law; and that I will exhibit a true, full and perfect inventory of all and singular the 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 her death, had a fixed place of abode in the Island aforesaid; and, that the gross value of the estate and effects, rights and credits of the deceased is eight hundred dollars and no more, according to the best of my knowledge, information and belief.

Sworn at Harbor Grace in the                                                            James Foley
Electoral District of Harbor Grace
on the 8^th day of October
A.D. 1900 before me

W. J. Lynch
Commissioner S.C.

In the Supreme Court

In re
Mary Foley Kelly deceased

================
OATH OF ADMINISTRATOR
WITH THE WILL ANNEXED
================

Administration granted on
the 9^th day of October 1900
to James Foley

Sureties
John Strapp of Hr. Grace
John J. Murphy of Hr. Grace

Value of Estate $ 800