John McGrath     1900

Estate of John McGrath 1900
From LDS Microfilm #2057616

Know all Men by these presents: THAT WE Margaret McGrath of St. John's, Widow, Laura McGrath of St. John's, Cutter (Tailor) Margaret McGrath of St. John's, Spinster 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 Two 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 20^th day of September in the year of our Lord 190

The Condition of this Obligation is such that if the above named Margaret McGrath, as Administratrix of all the estate and effects, rights and credits, of John McGrath, late of St. John's in the Electoral District of St. John's, in the Island of Newfoundland, deceased, (who died on or about the 29^th day of April, 1891, 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 the said Margaret McGrath 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 the law so to do, and the same estate and effects, rights and credits, and all the 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 the said Margaret McGrath 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 my 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 McGrath, 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,                  her
in the presence of (having been                  Margaret X McGrath
first been read over explained to said                         mark
Margaret McGrath who signed in
my presence & appeared to                         James McGrath
perfectly understand the contents.              Margaret McGrath
Geo. J. Adams

(Top)

In the Supreme Court of Newfoundland

In the Estate of                                                            deceased

We
Severally make oath and say:
That we are the proposed sureties on behalf of                     the intended administrat           of all and singular the estate and effects, rights and credits, of                    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                    for myself make oath and say: that I am worth property to the amount of                              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                    for myself make oath and say, that I am worth property to the amount of                              dollars, 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.

The above named
and                    were severally
sworn before me, this          day of
, A. D. 190  , at
, in the Electoral District of

(Centre)

In the Supreme Court.

In re
John McGrath
deceased.
----------------

ADMINISTRATION BOND
----------------

(Bottom)

In the supreme Court of Newfoundland

In the Estate of                                                            deceased

I                              of                              , in the Electoral District of                              ,                    ,
make oath and say: that I was present and did see the within bond duly executed by the parties
named therein; and that the name
set and subscribed as a witness thereto, is of the proper handwriting of me, this deponent, and
that the same was executed at                              in the Electoral District
of                              .

Sworn before me at
In the Electoral District of
this          day of                    , A.D. 190 .

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

In the Estate of John McGrath late of Saint John's, Tailor            DECEASED

I Margaret McGrath of Saint John's, in the Electoral District of Saint John's West in the Island of Newfoundland, Widow, make oath and say, that John McGrath late of St. John's, in the Electoral District of St. John's in the Island aforesaid, deceased, died intestate^{with a will as I am informed but which has been lost or destroyed} (Initials PM) that I will well and faithfully administer the estate and effects, rights and credits of the said deceased, by paying his just debts and distributing the residue of his estate and effects according to law; that I will exhibit a true and perfect Inventory of all and singular the said 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 Saint John's on the 29^th day of April, one thousand eight hundred and ninety one that at the time of his death the said deceased 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 said deceased is one thousand dollars and no more, according to the best of my knowledge and belief.

Sworn at Saint John's, in the Electoral                       her
District of Saint John's on the                    Margaret X McGrath
18^th day of September                                                mark
A.D. 1900 before me and I certify that
the affidavit was first read over &
explained to Deponent who appeared
perfectly to understand the contents
hereof

Geo. J. Adams
Clerk

In the Supreme Court.

In re
John McGrath
deceased

OATH OF ADMINISTRATION

Administration granted to
Mary McGrath
on the Twentieth day of
September, 1900

Value of Estate $1000.00

Sureties Laura McGrath
Margaret McGrath

August 13 1900
Boston
Mass
Dear Mother,
I have just received a letter from Lawyer Kelly informing me that
in order to get what you require the Judge wants to get my consent. I
knowing the contents of the will.
Mother I am willing to having another will drawn up and having
it just as the one destroyed (willing the houses to you). You can show this
letter which I sign my signature agreeing to the agreement.

My address is 74 Rutland St, Boston Mass.
Am not working.

With love to all
Your fond son
("Mike" crossed out)
Micheal McGrath

THIS INDENTURE made the 22^nd day of August Anno Domini One thousand nine hundred BETWEEN Margaret McGrath of Saint John's in the Island of Newfoundland Widow of the first part and James McGrath of the same place Tailor, Bridget Fanning of the same place Married Woman, Margaret McGrath of the same place Spinster and Mary Ann Mulcahy of Bay Bulls in the Island aforesaid Married Woman of the second part WHEREAS the parties hereto are next of kin of John McGrath late of Saint John's aforesaid Tailor deceased AND WHEREAS the said John McGrath previous to his death executed his last will and test-ament AND WHEREAS the said Will cannot be found AND WHEREAS the said party of the first part claims that under said Will all the Estate of said deceased was devised and bequeathed to her AND WHEREAS there are certain arrears of rents and taxes upon and certain repairs required to the property of the Estate of said deceased and it is necessary to raise a loan upon the security of said property to discharge the said arrears of rent and taxes and do the said repairs AND WHEREAS the parties have agreed as hereinafter expressed, NOW THIS INDENTURE WITNESSETH that in consideration of the premises and in pursuance of said agreement it is hereby declared and agreed by and between the parties hereto as follows:

1. That the said Margaret McGrath party of the first part shall take out administration to the Estate of said deceased.
   
   
   

2. That she will have power to borrow on the security of said estate a sum sufficient to pay and discharge the said arrears of rent and taxes upon said estate and to repair the property of said estate and to pay the costs of administration to said estate and of the preparation and execution of these presents such sum not to exceed two hundred dollars.

3. That she shall pay the interest upon said loan and all rents and taxes hereafter becoming payable in respect of the said property and shall insure and keep insured the property against accidental fire in the sum of at least One thousand dollars and shall do such repairs to the same as she may deem requisite or advisable for the preservation of the said property or as her means may permit.

4. That she shall hold the said Estate and take the profits and income thereof for her sole use and benefit during the term of her natural life.

5. On the death of said party of the first part the said Estate shall be equally divided amongst the children now living of the said John McGrath after payment of said loan.

          IN WITNESS WHEREOF the said parties to these presents have hereunto their hands and seals subscribed and set at Saint John's aforesaid the day and year first before written.

SIGNED SEALED and
DELIVERED in presence of                    27^th James McGrath
(having first been read over and explained to
Margaret McGrath)
                                                                Aug ?? Bridget Fanning
Signed Sealed Delivered ???
Mary Ann Mulcahy in presence of          ??     M McGrath
Sep /13/ P Connors?                                 ??     Mary Ann Mulcahy

Agreement.
----------------

Between

Margaret McGrath

---and----

James McGrath
and others.
----------------

???? agreement
be ^{thus written?} (initials JG?)
(something crossed out - not legible)
Paper or Letters
of Admin??

Dated the    day of          1900

Notice

After 3 days application will be made to the Honourable the Supreme Court of Newfoundland or to one of Honourable the Judges thereof for letters of administration to the Estate and affects of John McGrath late of St. John's Tailor deceased to be granted to Margaret McGrath of St. John's the Widow of said deceased.

          Dated the 4^th. Day of July A.D. 1900

WOOD KELLY & MEWS
Solicitors for Applicant

(Written in the bottom left margin)
GJ A
A. ? Clerk

          I hereby certify that the notice on the other side hereof written was posted in my office on the day thereof and that no caveat or other objection has been entered thereto.
          St. John's          July 9^th 1900
M Cauole?
a.c.s.c.

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

In the Estate of John McGrath late of St. John's Tailor
DECEASED

Inventory and Valuation of the Property of the said Deceased.

I, Margaret McGrath of S John's Widow
make oath and say that I am widow of late John McGrath, Tailor 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 his death, as far as I can at present ascertain.

Sworn at S. John's in the                                            her
Electoral District of S John's                    Margaret X McGrath
this 18^th day of September                                        mark
A.D. 1900, before me, and I certify
that the Affidavit was first read and
explained to Deponent who appeared
perfectly to understand the content hereof.

G. J. Adams    Clerk.

The Inventory and Valuation may be verified under the Petition.

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

The petition of Margaret McGrath of Saint John's in the Island of Newfoundland Widow.

HUMBLY SHEWETH:

1. That John McGrath late of Saint John's aforesaid Tailor deceased died there on or about the 29^th day of April A.D. 1891.

2. That said deceased was at the time of his death possessed of property within the jurisdiction of your Honourable Court of the probable value of $1000.00

3. That said deceased left him surviving as next of kin his widow (your petitioner) and five children viz: James, Michael, Margaret, Mary Ann (wife of William Mulcahy of Bay Bulls), and Bridget (wife of James Fanning of St. John's).

4. That Petitioner is informed and believes that previous to his death the said James McGrath made and executed his last Will and testament under and by virtue of which all his estate and effects were devised and bequeathed to Petitioner.

5. That the said Will has been lost or destroyed and Petitioner has made diligent search and enquiry for the same but is unable to find the same, and Petitioner is informed by George Carty of St. John's Solicitor brother of M.H. Carty late of St. John's, Solicitor, deceased that it was burnt in the office of the said M.H. Carty in the year 1893.

6. That the said Will was prepared by the said M.H. Carty who informed Petitioner that under said Will all the estate of said deceased had been devised and bequeathed to petitioner and that the Executors of said Will were the said M.H. Carty and William J. Burt formerly of St. John's aforesaid, Storekeeper but at present of Toronto Canada. Who were also the ??? ??? to the ???.
   
   
   
   

7. That to the best of Petitioner's knowledge and belief the only person who is of his own knowledge aware of the contents of said Will is the said William J. Burt.

8. That petitioner is willing to come forth and grant to her ? letter of administration to the Estate of said deceased as the said deceased had died intestate.

          Petitioner therefore prays that Letters of Administration to the the Estate and effects of said deceased may be granted to her.

          And as is duly bound she will ever pray.

          Dated the 4^th day of July A.D. 1900

Newfoundland          }
Saint John's to wit    }          I Margaret McGrath of Saint John's aforesaid Widow make oath and say :

1. That I am the petitioner named in the foregoing petition.

2. That the several matters and things therein set forth and contained are correct and true.

Sworn at Saint John's aforesaid                              her
this 4^th day of July A.D. 1900                Margaret X McGrath
                                                                                 mark
Before me
(Having been first read over in my presence
to the deponent who seemed perfectly to
understand the same and who made her
mark in my presence.)

Simon Butler
Commissioner of Affidavits

(left side of page)

The widow M.G. having entered into a
deed of ???? settlement of the affairs of ?? within
??? Estate of late Jno McGrath. I grant her a?? to the Estate .
As to be administered re attendance? with the ??? ??? ???.

Fiat
J. I. Little.
C.P.
Sept 7 1900

She and five of her children ??? beneficiaries
? the Bond -     J.J.L
without ????    ???
??? to ????

(centre of page)

M re
The Estate of John
McGrath late of S' John's
Tailor deceased

Petition for Admin

Before making
my order on this
petition I would like
??? the parties
??????
?? Carty be before me the
Friday (something crossed out below) next at 10.30 A.M.

J.J.L.
???
July 9/0