Peter Brennan
          1900

Estate of Peter Brennan 1901
From LDS Microfilm #2057616

Notice

Three days after the date hereof application will be made to the Honorable the Supreme Court or to one of the Honorable the Judges thereof for a grant of letters of administration de bonis non, cum testament annexo, to the estate of the late Peter Brennan, deceased to be made to the Right Revd. M. F. Howley, DD Roman Catholic Bishop of St. Johns.
St. Johns April 14^th 1901           Kent and Howley
D.M.B.                                        Solicitors for Applicant

Certificate

I hereby certify that the notice written on the other side hereof has been posted in the Clerk's office for the space of three days in accordance with the provisions of the Judicature Act 1889 and that no caveat or objection has been entered to same.

St. Johns April 24, 1901

D. M. Browning
Clerk

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

In the Estate of Peter Brennan late of St. Johns, Merchant DECEASED.
----------------

Inventory and Valuation of the Property of the said Deceased.

I, Right Reverend Michael F. Howley, D.D. make oath and say that I am the Petitioner in the foregoing petition, 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 Very Revd. John Scott's? death, as far as I can at present ascertain.

Sworn at St. Johns in the
Electoral District of St. Johns                              M. F. Howley
this 23^rd day of April
A.D. 1901, before me.

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

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

Know all Men by these Presents: That we Michael F. Howley DD of St. Johns, Roman Catholic Bishop, James D. Ryan of same place and John Curran of the same place, Clothier, are jointly and severally bound unto our Sovereign Lord, Edward VII, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, &c, in the sum of Ten thousand dollars, to be paid to our said Sovereign Lord, the King, His 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 29^th day of April in the year of our Lord 1901.

The Condition of this obligation is such that if the above named Right Reverend Michael F. Howley as administrator, dbn, of all the estate and effects, rights and credits of Peter Brennan late of St. Johns in the Electoral District of St. Johns East in the Island of Newfoundland, Merchant, deceased, (who died on or about the          day of A.D. 1887) now unadministered, 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 Right Reverend Michael F. Howley, 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 his death which at any time after shall come into the hands or possession of him the said Right Reverend Michael F. Howley 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 his decease, and then the Legacies contained in the said Will annexed to the said Letters of Administration to the said Right Reverend Michael F. Howley committed, now remaining unpaid so far as such property will thereunder extend and the law bind the said Michael F. Howley as such administrator and further, do make, or cause to be made, a full true and just account of his 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                               M. F. Howley
in the presence of
D. F. Kent                                                            John Curran
Clerk                                                                     J. D. Ryan

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

In the Estate of Peter Brennan deceased
We, James D. Ryan of St. Johns, Merchant, and John Curran of the same place, Clothier, severally make oath and say:
That we are the proposed sureties on behalf of the intended administrator, dbn,with the Will annexed, of the estate and effects, rights and credits of Peter Brennan, 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 James D. Ryan, for myself make oath and say: that I am worth property to the amount of Five 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 John Curran make oath and say, that I am worth property to the amount of Five thousand 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 James D. Ryan                              John Curran
and John Curran were severally                                J. D. Ryan
sworn before me, this 29^th day of
April, A.D. 1901, at St. Johns
in the Electoral District of St. Johns

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

(The following note is written sideways in the left margin of this page)
"This is the copy of the will referred to by me in the annexed affidavit as a copy of the last will and testament of Peter Brennan.
          M. F. Howley"

In the name of God Amen. I Peter Brennan of St. Johns Merchant being of sound and disposing mind memory and understanding do make and ordain this my last will and testament in manner following that is to say, To my nephew Thomas Brennan of Old Court near ??? in County Kilkenny in Ireland I will and bequeath the sum of Two hundred pounds currency. To each of the children of my late brother Richard Brennan late of Templeman in County Kilkenny aforesaid I will and bequeath the sum of Fifty pounds currency. To my Executors hereinafter named I will and bequeath the sum or Six hundred pounds currency (£600) to be held by them in Trust in the ??? and for the uses intents and purposes following that is to say to invest the said sum in Bank Stock Government funds or other reliable security and pay over the interest or dividends arising therefrom equally and every year to and towards the support of the two daughters of my sister Joanna Walsh residing at or near Old Court aforesaid and on the demise of either of them the said interest or dividend shall be paid for the education and maintenance of the children of such one so dying and in the event of there being no child or children then to the survivor and her issue and in the event of both of my said nieces dying without issue I will and direct that said interest or dividends shall be paid to such of my next of kin as my Executors shall in their judgment consider most deserving thereof. I will and direct my Executors to pay over to the Roman Catholic Priest for the time being in charge of the Parish of Templeman in the said County the sum of Fifty pounds currency per year for three years to be expended in and about the improvement and repairing of the Roman Catholic Church in said Parish Towards the repairing and

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improving of the Roman Catholic Church at Carrick on Suir Ireland. I bequeath the sum of Fifty pounds towards the support and improvement of the Roman Catholic Church at Windgap in said county of Kilkenny. I will and bequeath the sum of Twenty five pounds currency Towards the same object for the Roman Catholic Church at Clonmel in the County Tipperary in Ireland I bequeath the sum of Fifty pounds.
To such two of the female Catholic Orphanages at Dublin and Cork in Ireland as my Executors may select I will and bequeath the sum of Fifty pounds currency each. To and towards the support of the Orphanage at Belvidere St. Johns I will and bequeath the sum of Three hundred pounds currency. To and towards the support of the Convent of Mercy Military Road St. Johns I will and bequeath the sum of Two hundred pounds (£200) currency. To each of the Convents in this Island I will and bequeath the sum of Fifty pounds currency. Towards repairing the Church at St. Mary's in this Island I will and bequeath Twenty five (£25) pounds currency towards repairing the Chapel at Salmonier. I will and bequeath the sum of Three hundred pounds (£300) currency for the support of such Teachers being members of the order known as the Christian Brothers in charge of the education of the poor children attending the school in St. Patricks Hall in this Town. I will and bequeath the sum of Two hundred (£200) currency to be expended in the completion of St. Patricks Church Riverhead in this town. Towards repairing the Roman Catholic Chapel at Petty Harbor I will and bequeath the sum of Fifty pounds currency. I will and bequeath the sum of Fifty pounds (£50) currency to be expended in and about repairing the Roman Catholic Chapel at Topsail.

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Towards repairing the Roman Catholic Chapel at Torbay I will and bequeath the sum of Fifty pounds currency. Towards repairing the Church at Kilbride near St. Johns I will and bequeath the sum of Fifty pounds currency. To the Society of St. Vincent de Paul St. Johns I will and bequeath the sum of Twenty five pounds per year for five years immediately succeeding my demise. In reference to my cousin Jur's? Devine wife of James Devine of this town I will and desire my Executors to act in such manner towards her as may be in keeping with my wishes which I have explained to them. I will and bequeath the sum of Fifty pounds currency to the Very Reverend Father Sears of St. Georges Bay in this Island. All the rest residue and remainder of my lands chattels securities to be applied by them to such charitable or religious objects and purposes in this Island as they may in their judgments from time to time determine on.
I nominate and appoint the Very Reverend William Forristal and the Honorable James Fox both of St. Johns Executors of this my last will and testament and I hereby revoke all former and other wills by me made.
P. Brennan; Witness J. J. Little, Robert J. Kent.

Saint Johns March 18^th 1880
I Peter Brennan of St. Johns, Merchant, having in the month of March 1880 made and executed the within as and for my last will and testament by this codicil hereby fully confirm and ratify the same save and excepting the following bequests therein contained, that is to say, First the bequest to my nephew Thomas Brennan of Old Court near Pilt Town, County Kilkenny Ireland of Two hundred pounds. Second The bequest to the Children of my late Brother Richard Brennan of Fifty pounds currency each. Third The bequest of Fifty pounds towards repairing the Catholic Church at Carrick on Suir.

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Fourth, The bequest of Fifty pounds towards repairing the Catholic Church at Clonmel Tiperrary Ireland, all of which four bequests I hereby cancel revoke and annul. I will and bequeath fifty pounds Sterling money to the daughters or daughter now living of my said brother Richard Brennan. Dated at Saint Johns this 18 day of May 1884.
Peter^hisX_markBrennan

Witness Catherine Brine
              Jos J. Little

          I Peter Brennan do further cancel and annul that other portion of the said will so made by me whereby I nominate and appoint the Honorable James Fox as one of my Executors and in his place and stead I appoint Hon. J. J. Little and R. J. Kent to act in conjunction with Very Rev'd Father Forristal as my sole Executors.
St. Johns May 22^nd 1883
Peter^hisX_markBrennan

Witness Miss Catherine Brine
              J. J. Little

(Written on the bottom portion of the page:)
Sec?
Correct copy
S.B.
A.C.S.C.

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

The petition of the Right Reverend Michael Francis Howley D.D. of St. Johns Roman Catholic Bishop

Humbly Sheweth

1. That Peter Brennan formerly of St. Johns merchant died at that place on or about the          day of April Anno Domini 188? having duly executed his last will and testament which was duly proved by the subscribing witnesses thereto and admitted to probate by this Honorable Court and probate papers issued to the Very Reverend William Forristal and Robert J. Kent C.C. two of the executors named in the said will, on the fourth day of May A.D. 1887 the Honorable Joseph J. Little the other executor having renounced. All of which will more particularly appear from, the petition and other papers filed in the office of the Chief Clerk and Registrar at the time of the granting of such probate.
2. That the said Robert J. Kent C.C. one of the aforesaid executors died on the twenty ninth day of September 1893 leaving the Very Reverend William Forristal sole surviving executor of the said will of the said deceased Peter Brennan and that on the          day of September 1894 the said Very Reverend William Forristal died without a will and without having fully administered the estate of the said Peter Brennan.
3. That on the 27^th day of October 1894 letters of administration de bonis non, cum testament annexo to the said estate of the said Peter Brennan were granted out of this Honorable Court to the Very Reverend John Scott of St. Johns Roman Catholic Priest.
4. That on or about the 5^th day of April, last past the said Very Reverend John Scott died at St. Johns without a will and without having fully administered the said estate of the said Peter Brennan.
5. That as far as your petitioner is aware or can ascertain there are at the present time no next of kin of the said Peter Brennan within the jurisdiction of this Honorable Court.
   
   
   
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6. That the estate of the said Peter Brennan remaining unadministered at the time of the death of the said Very Reverend John Scott amounts to about the sum of $5000 so far as your petitioner can estimate it.
7. That all the bequests in the said testator's will contained have been paid over fulfilled and discharged save and except the residuary bequest by which he left all that remained of his property money and effects to his executors for such charitable or religious objects and purposes in the Island as they may from time to time determine on as will appear by reference to the copy of the said will annexed hereto.
8. That since the death of the said Very Reverend John Scott no other administrator or other representative has been appointed to the said estate so far as your petitioner is aware.

Your petitioner therefore prays that your Honorable Court or your Lordship shall be pleased to grant unto him letters of administration debonis non, cum testament annexo, to the said estate of the said Peter Brennan.
And as in duty bound he will ever pray etc. etc.,
Dated at St. Johns this 25^th day of April A.D. 1901

M. F. Howley

In the matter of the will
and estate of Peter Brennan
late of St. Johns, merchant
deceased

          and

In the matter of the application
of Rt. Revd.M. F. Howley D.D. of
St. Johns, Roman Catholic Bishop
praying for a grant to him of letters
of administration de bonis non cum testament
annexo, to said estate.

Newfoundland
St. Johns, to wit
I, the Right Reverend Michael F. Howley of St. Johns Roman Catholic Bishop, make oath and say as follows :-

1. That I am the petitioner in the foregoing petition.
2. That the several matters and things therein contained and set forth are just, correct and true to the best of my knowledge and belief.

Sworn before me at St. Johns                              M. F. Howley
aforesaid this 25^th day of April
A.D. 1901
D. F. Kent
Commissioner of Affts, S.C.

Supreme Court

In the matter of the will
and estate of Peter Brennan
late of St. Johns, Merchant,
deceased

and

In the matter of the petition
of Rt. Revd. M. F. Howley D. D.
of St. Johns, Roman Catholic
Bishop, praying for a grant to
him of letters of administration
debonis non, cum testament
annexo, to said estate.

Petition etc

Fiat - on usual security
Apl 26 / 01

Geo. H. Emerson
J

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

In the Estate of Peter Brennan late of St. Johns Merchant deceased
I, Michael F. Howley of St. Johns in the Electoral District of St. Johns in the Island of Newfoundland, Roman Catholic Bishop, make oath and say that I believe the paper writing hereto annexed and marked by me to contain a copy of the true and original last Will and Testament of Peter Brennan, late of St. Johns in the Electoral District of St. Johns, Merchant, deceased, and that I will well and faithfully administer the estate and effects of the testator by paying his just debts and the legacies contained in the said Will and 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, 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 (illegible note) Five thousand dollars and no more, according to the best of my knowledge, information and belief.

Sworn at St. Johns in the                              M. F. Howley
Electoral District of
St. Johns this 27^th day of
April A.D. 1900
before me

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

In the Supreme Court

In re
Peter Brennan
deceased

OATH OF ADMINISTRATOR
With the Will annexed

Administration granted dbn. cta.
on the 6^th day of May 1901

Sureties: James D. Ryan and
   John Curran

Value of Estate $ 5000.00