Patrick Byrne
          1901

Estate of Patrick Byrne 1901
From LDS Microfilm #2057616

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

In the Estate of Patrick Byne DECEASED.

I Emma Byrne 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 me to contain the true and original last Will and Testament of Patrick Byrne late of S. Johns in the Electoral District of S. Johns in the Island aforesaid, Laborer, deceased and that I will well and faithfully administer the estate and effects of the said deceased, by paying his just debts and the legacies contained in his Will and by distributing the residue of the said estate, rights and credits 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 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 deceased is two hundred dollars and no more, according to the best of my knowledge, information and belief.

Sworn at S. Johns in the
Electoral District of S. Johns                                        Emma^herX_markByrne
this 9^th day of January
A.D. 1901, before me, and I
certify that this affidavit was
read over and explained to
deponent before she made
her mark hereto & that she
seemed to perfectly under-
stand the contents.

Geo. J. Adams
Clerk

In the Supreme Court

In re
Patrick Byrne
deceased

OATH OF ADMINISTRATOR

Administration granted
on the 10^th day
of January 1901

Sureties:
John Burke
John J. Dugg

Value of Estate $ 200.00

A     ???     form of a will

Know all men by these presents that I Patrick Byrne of St. Johns Nfld Labourer being of sound and disposing mind and memory do make and ??? this my last will and testament.

1^st I give and bequeath to my wife Emma Byrne my house situated on the south side of St. Johns, Nfld.

          In witness whereof I the said Patrick Byrne set my hand and seal hereunto this 25^th day of July 1900.

X Patrick Byrne

Signed sealed and declared by the said Patrick Byrne as and for his last will and testament in presence of us who in his presence and in the presence of each other and at his request have hereunto subscribed our names as witnesses.

Charles G. Hill
William Welsh

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

NEWFOUNDLAND
St. Johns   To Wit
I William Welsh of St. Johns in the Electoral District Fireman make oath and say that on the 25^th day of July A.D. One Thousand Nine Hundred at St. John's I was present and did see Patrick Byrne late of St. Johns, aforesaid, Labourer, the Testator named in the paper writing hereunto annexed marked A, duly sign (by making his mark), publish and declare the said annexed paper writing as and for his last Will and Testament, in my presence and in the presence of Charles G. Hill the other subscribing witness thereto. That I and said Charles G. Hill then and there signed our names to such Will as such witnesses, in the presence of the said Testator and of each other, and that at the time of the said execution of the said Will the said Testator was of sound and disposing mind, memory and understanding, to the best of my knowledge and belief.

Sworn at St. Johns aforesaid                                        William^hisX_markWelsh
this 7^th day of January
A.D. 1901 and I certify that the
said affidavit was read over to
said deponent who understood
it before signing by making his mark.

Before me

W. F. Carroll
Commissioner of Affidavits, Supreme Court

Certificate

I hereby certify that the notice on the other side hereof written has been posted in the office of the Chief Clerk from the day of the date thereof to this date and that no caveat or other objection has been filed thereto.
          Dated the 8^th day of January AD 1901

W. C. Farrell

Notice

Three days from the date hereof application will be made to the Honorable the Supreme Court of Newfoundland or to one of the Honorable the Judges thereof for Letters of Administration Cum testamento annexo to the Estate and effects of the late PatrickByrne late of S. Johns Laborer deceased to be granted to Emma Byrne widow of the said deceased.
          Dated at S. Johns this 2^nd day of January AD 1901
J.P.A.?          F. J? Morris
Clerk             Solicitor for Applicant

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

The Petition of Emma Byrne of S. Johns Widow

Humbly Sheweth as follows

That your Petitioners late husband the late Patrick Byrne late of S. Johns Laborer deceased died there on 1^st day of September AD 1900.
That previous to his death the said deceased made and executed the paper writing which is hereunto annexed purporting to be his last will and testament.
That at the time of his death the said deceased was possessed of property within the jurisdiction of this honorable Court of the probable value of Two hundred dollars.
That neither probate to any last will nor Letters of Administration to the Estate of said deceased has yet been granted to any person
Your petitioner would therefore pray your

Page 2

Honorable Court to grant him Administration Cum Testamento Annexo to the Estate of her late husband and as in duty bound she will ever pray.
Dated at S. Johns this 2^nd day of January AD 1901

Emma^herX_markByrne

Newfoundland
S. Johns SS
I Emma Byrne the Petitioner named in the foregoing petition make oath and say that the several matters and things therein set forth are just correct and true to the best of my knowledge and belief.

Emma^herX_markByrne

Sworn before me at
S. Johns this
day of January AD 1901
having been first read over
and explained.

W. C. Carroll
Commissioner

1900

Petition of Emma
Byrne of S. Johns
widow of late Patrick
Byrne praying for
Letters of Administration
C.T.A. to the Estate
and Effects

Fiat
J. J. Little
CJ

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

In the Estate of Patrick Byrne deceased
We Jno Duff of St. Johns in the District of St. Johns Grocer and John Burke of St. Johns, Laborer, severally make oath and say:
That we are the proposed sureties on behalf of the intended administratrix with the Will annexed, of all and singular the estate and effects, rights and credits, of Patrick Byrne 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 Duff for myself make oath and say that I am worth property to the amount of Two hundred dollars, over and above all encumbrances 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 Burke for myself, make oath and say, that I am worth property to the amount of Two 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.

The above named John Burke                              John^hisX_markBurke
and John J. Duff were severally
sworn before me, this 8^th day of                            John J. Duff
January A.D. 1901 at St. Johns.

W. C. Carroll
Commissioner

Know all Men by these Presents: That we Emma Byrne of S. Johns in the Electoral District of S. Johns, Widow, John Duff of S. Johns aforesaid, Grocer, and John Burke of S. Johns, aforesaid, Laborer, 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 Four 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 January in the year of our Lord 1901.

The Condition of this obligation is such that if the above named Emma Byrne as administratrix of all the estate and effects, rights and credits of Patrick Byrne late of S. Johns in the Electoral District of S. Johns in the Island of Newfoundland deceased, (who died on or about the first day of September 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 Emma Byrne 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 Emma Byrne 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 then the Legacies contained in the said Will annexed to the said Letters of Administration to the said Emma Byrne, committed, so far as such property will thereunder extend and the law bind her, and further, do make, or cause to be made, a full, true and just account of her said 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
in the presence of                                                            Emma^herX_markByrne
and I certify that said ??? was read
over and explained to said Emma
Byrne and said John Burke who
seemed to understand it before                                        John^hisX_markBurke
signing by making their marks thereto.                           John J. Duff

W. C. Carroll
Commissioner