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Miscellaneous Deeds, Grants, Petitions & Wills
(M)
Elizabeth Maher

 

Elizabeth Maher
          1900

Estate of Elizabeth Maher 1900
Microfilm #2057616

 

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

In the Estate of Elizabeth Maher late of St. Johns Widow deceased we The Reverend Alfred J. Maher and John O'Dea of S. Johns in the Electoral District of S. Johns make oath and say that I believe the paper writing hereto annexed and marked by us to contain the true and original last Will and Testament of Elizabeth Maher late of S. Johns in the Electoral District of S. Johns deceased: That we are the executors therein named, and that we will well and faithfully administer the estate and effects of the testator by paying her just debts and the legacies contained in her Will so far as the same shall thereto extend and the law bind and by distributing the residue (if any) of the estate according to law; and that will exhibit under oath a true, full 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 testator died at S. Johns aforesaid on the 1st day of August one thousand nine hundred and that the gross value of the estate and effects, rights and credits, of the said testator is Three thousand dollars, and no more, according to the best of my knowledge information and belief.

Sworn at S. Johns in the                                               Jno O'Dea
Electoral District of S. Johns                                        A. J. Maher
this 16th day of August
A.D. 1900 before me

Geo. J. Adams
Clerk

Sworn at S. Johns by the said
Alfred J. Maher this 20th day of
August A.D. 1900

Geo. J. Adams
Clerk

 

 

1900

In the Supreme Court

In re

Elizabeth Maher
late of S. Johns
Widow deceased

OATH OF EXECUTOR

Probate granted on the 21st day
of August 1900 to
Rev. Alfred Maher &
John V. O Dea

Value of Estate $ 3000.00

 

 

Certificate

This is to certify that the notice written on the face hereof has been posted on the office of the Chief Clerk and Registrar of the Supreme Court for the space of three days, as required by law.
S. Johns this 10th day of August A.D. 1900
Geo. J. Adams
Atng C.C. &Reg'r

 

 

Notice

Three days from the date hereof application will be made to the Honorable the Supreme Court or any one of the Honorable the Judges thereof for a grant of probate to the will of Elizabeth Maher late of S. Johns, Widow, to Rev. Alfred Maher and John O Dea the executors named in the said will.
Dated at S. Johns this 6th day of August A.D. 1900.

(Illegible initials)                    Kent &Howley
??C & R                                 Solicitors for Executors

 

 

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

The petition of Revd Alfred Maher of St. Johns Roman Catholic Priest and John O Dea of St. Johns Commission Merchant

Humbly Sheweth

  1. That Elizabeth Maher of St. Johns Widow died there on or about the 1st day of August ?? Present having first made and executed her last will and testament which is hereto annexed marked "A".
  2. That the said testatrix appointed your petitioner in and by her last will and testament to be the executor thereof.
  3. That the said Testatrix was at the time of her death possessed of property within the jurdisiction of this Honorable Court to the probable value of $3000, particulars of which are set forth in Schedule 3.
  4. That the said testatrix left her surviving ??? next of kin.
  5. That no probate of the will or administration of the estate of the said testatrix has heretofore been granted to any one.

          Your petitioner therefore prays that letters of probate to the will of the said testatrix be issued forth of this honorable court ??? ??? the executors thereto named and as in duty bound they will ever pray etc etc etc.
Dated at St. Johns this 9th day of August A.D. 1900
Kent & Howley                              Alfred J. Maher
Solicitor for Petitioners                    Jno. O Dea

 

 

Schedule B

In the Supreme Court

In the Estate of
Elizabeth Maher
deceased

Inventory and valuation of the property of the said deceased

Description of Property                                        Value

Land houses and interest in land                      $1500.00
Household goods furniture                                 1000.00
                                                                            3000.00

Dated at S. Johns this 9th day of August A.D. 1900

Alfred J. Maher
Jno. O Dea

 

 

In the Supreme Court

In the matter of the Will
and estate of
Elizabeth Maher
late of St. Johns
widow deceased.

St. Johns S.S.
I the Revd. Alfred Maher of St. Johns, Roman Catholic Priest and John O'Dea of St. Johns Commission Merchant make oath and say as follows:-
That we are the petitioners in the foregoing petition named and that the several matters named and things therein contained and in the schedule thereto annexed marked B are just correct and true to the best of our information knowledge and belief.

Sworn before me by the                                        Alfred J. Maher
Revd. Alfred J. Maher                                        Jno. J. O'Dea
at St. Johns this 9th day
of August A.D. 1900

Simon Butler
Commissioner of Affts S.C.

 

 

In the name of God Amen

I, Elizabeth Maher, of St. Johns widow of John Maher, being of sound and disposing mind memory and understanding, do make this my last will and testament.
First I hereby revoke and cancel all former wills and testaments whatsoever at any time made or executed, by me, and I give to my executors hereinafter named, all my property of whatsoever kind, whatsoever upon ??? to find pay all my lawful debts and funeral testamentary expenses. ???ly to carry on my ??? of a private boarding house keeper at the Cochrane House in St. Johns and to pay out of the proceeds thereof the interest and principal due under mortgage from me to Hector McNeil Esq. I also desire that should the business so carried on be successful enough to, in the absolute discretion of my said executors, afford to pay out of the earnings thereof within six years from the date of my decease, the sum of eight hundred dollars due by my late husband John Maher to Thomas Shortall (it being distinctly understood that no liability for the said amount is hereby acknowledged by me and my said executors are sole judges of the advisability of such payments) my said executors are hereby empowered to exercise such discretion and pay the said amount if they think fit. I wish and desire that the said business be carried on by the said executors for the period of six years or until the said mortgage to Hector McNeil??? be paid off whichever term be the longer unless the said business prove to the satisfaction of the said executors to be a nonpaying business in which case they shall have full power to realise my said business and property

Page 2

and after paying all charges on same divide the balance equally between my grand niece Mary Forward and six sons Edward, John, Frank, William, Thomas and Alfred Maher. It is my will that my said grand niece Mary Forward have the management of the carrying on of my said business as regards the domestic management thereof and that the same be carried on as aforesaid for the joint benefit of my said grand niece, Mary Forward and my five sons Edward, John, Frank, Thomas and Alfred subject to the said mortgage of Hector McNeil Esq. And I further will that upon the payment of principal and interest to the said Hector McNeil or the expiration of six years from my decease the said property be realized and divided equally between my said grand niece Mary Forward and my said sons Edward, John, Frank, William, Thomas and Alfred Maher share and share alike. And I hereby nominate constitute and appoint John V. O'Dea Esquire of this city Commission Merchant and my son Alfred Maher as Executors of this my last will and testament.
Dated at St. Johns this 10th day of May A.D. 1900
Signed published and declared as and for
her last will and testament in the presence of
us who in her presence and at her request
and in the presence of each other have
hereunto subscribed their names as witnesses

Jno O'Dea                              Elizabeth Maher
William R. Howley

 

 

C

I Elizabeth Maher the testatrix named in the foregoing will do make publish and declare this as and for a codicil to my said will. First I will and direct that as long as my said sons Edward, John, Frank, William and Thomas remain unmarried they shall have a home with the rest of my family in my house mentioned in my said will but in case any or either of my said sons shall marry then it is my will and desire, and I so direct, that the son or sons so marrying shall provide a house for him or themselves and that he or they shall not be entitled to reside or make a home of my said house. I further will and direct that my said sons Edward, John, Frank, William and Thomas in all matters connected with my estate and the management of my business shall be subject to the control and direction of my son the Rev. Alfred Maher   Lastly I hereby confirm and notify my said will in all particulars.
Dated at S. Johns this 12th day of July A.D. 1900
Signed published and declared
by the said testatrix as and for                                        Elizabeth Maher
a codicil to her last will and
testament in our presence who
in her presence and in the presence
of each other and at her request
have hereto set and subscribed
our hands as witnesses.

James W. Kent
Jno. O'Dea

 

 

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

NEWFOUNDLAND
          To Wit
I James W. Kent of St. Johns Barrister at Law make oath and say that on the 12th day of July A.D. One Thousand Nine Hundred I was present and did see Elizabeth Maher late of St. Johns widow the Testatrix named in the paper writing hereunto annexed, marked C, duly sign publish and declare the said annexed paper writing as and for a codicil to her last Will and Testament, in my presence and in the presence of J. V. O'Dea the other subscribing witness thereto. That I and said J. V. O'Dea 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                                                  James W. Kent
this10th day of August
A.D. 1900

Before me

W. J. Carroll
Commissioner of Affidavits, Supreme Court

 

 

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

NEWFOUNDLAND
          To Wit
I William R. Howley of St. Johns Barrister at Law make oath and say that on the 10th day of May A.D. One Thousand Nine Hundred I was present and did see Elizabeth Maher late of St. Johns widow the Testatrix named in the paper writing hereunto annexed, marked C, 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 J. V. O'Dea the other subscribing witness thereto. That I and said J. V. O'Dea 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                                        William R. Howley
this 10th day of August
A.D. 1900

Before me

W. J. Carroll
Commissioner of Affidavits, Supreme Court

 

 

Fiat

Jas J. Little
C.J.

August 10th.
1900

 

 

Page Transcribed by Gordon Bennett

Page Revised by Ivy F. Benoit (Thursday January 10, 2019)

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