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Miscellaneous Deeds, Grants, Petitions & Wills
(D)
James Dwyer

 

James Dwyer
          1888

 

 

SUPREME COURT OF NEWFOUNDLAND
---------------

ST. JOHN'S }I do swear that I believe that James Dwyer late of
To Wit          }Holyrood, in the Northern District of Newfoundland Planter deceased, died with a Will; which will cannot be found and that I will well and truly administer all and every the Goods of the said deceased and pay his debts, so far as his Goods will extend: and that I will exhibit a true, full and perfect Inventory of the said Goods of the deceased, and render a true account of my Administration into the Registry of the said Court, within six months from the date hereof, or when I shall be thereunto lawfully required; and that the whole of the Goods, Rights, Chattels, Assets, Credits and Effects of the said deceased which he died possessed of, within the jurisdiction of this Court, do not, according to the best of my knowledge, judgment and belief, amount to the value of four hundred dollars.

Sworn before me, at St. John's, the 2nd day of      }
December in the year of Our Lord One Thousand }Patrick
Eight Hundred and Eighty-Seven                            }Dwyer

                    Geo. I. Adams
                    Commissioner of Affidavits

 

1887

Estate of James Dwyer

late of Holyrood

In the Northern District

Planter deceased

Dated 3rd day of January
1888

Admin          granted to

Patrick Dwyer

Holyrood, Planter

Sureties

John Strepp
Wm S McGrath

Estate sworn under
          $400.00

 

 

Parties to be served with the
accompanying copies

John Dwyer  William Dwyer
Jane Haley  Bridget McKay
Ann Fewer  

I did on the 3rd day of June A.D. 1881 personally serve William Dwyer, Jane Haley, Bridget McKay, and Ann Fewer, all of Holyrood aforesaid the parties mentioned in the annexed citation with true copies each of the said citation and of the petition and affidavit accompanying the same and that I necessarily travelled five miles to make such service.

Sworn before me at Holyrood }                    Sign Here
aforesaid this 3rd day               }                    James Murphy
of June A.D.1888                     }

                    John Veitch
                    Commissioner of Affidavits
                    Supreme Court

 

 

In the Supreme Court
Probate Side

Holyrood }
To Wit      } In the estate of James Dwyer late of Holyrood Planter deceased

I James Murphy of Holyrood Harbor Main aforesaid do make oath and say that I did on the 3rd day of June AD 1881 personally serve William Dwyer, Jane Haley, Bridget McKay, and Ann Fewer, all of Holyrood aforesaid the parties mentioned in the annexed citation with true copies each of the said citation and of the petition and affidavit accompanying the same and that I necessarily travelled five miles to make such service.

Sworn before me at Holyrood }                   Sign Here
aforesaid this 3rd day               }                  James Murphy
of June A.D.1888                     }

John Veitch
                         Commissioner of Affidavits
 Supreme Court

 

 

To the Honorable the
Supreme Court of
Newfoundland

The Petition of Patrick Dwyer of Holyrood Planter

Humbly Sheweth

That your petitioners father James Dwyer late of Holyrood aforesaid Planter died at that place about 20 years ago leaving him surviving his widow Mary Dwyer (who died last fall 1880) and John, William, Jane Widow of Patrick Haley Bridget widow of John MacKay? Ann widow of Walter Fewer Chapels Cove Margaret wife of George Hussey Port de Grave Salmon Cove. Said deceased was at the time of his death possessed of landed property of the probable value of four hundred dollars situate at Holyrood aforesaid.
Said deceased duly made a will which petitioner once had in his custody for about 12 months after which on demand petitioner delivered to his mother and since that time now about 19 years ago petitioner has never seen the will and is ignorant of what became of it. Petitioner is informed that it was delivered to the late Jno Hogsett? to bring to St. Johns. Said will has never been proved. Petitioner is aware of its contents and among other devises it contained a devise to petitioner of a piece of land the possession of which he cannot get.
Petitioner prays that the said next of kin may be cited to shew cause why the said will should not be established upon its contents being duly proved or why they should not produce and prove the same if in the possession of them or any of them or why Common Administration to the said estate should not be granted as the Court may direct
And as in duty bound your petitioner will ever pray

 

In the Supreme Court

St. Johns }
To Wit     } Patrick Dwyer of Holyrood aforesaid the petitioner named in the foregoing petition maketh oath and saith that the contents of the said petition are correct and true to the best of his knowledge and belief

Sworn before me }
at St. Johns           }                    Patrick Dwyer
aforesaid this        } 
21st day of July    }
1881

          ? I Wood
          Comm'r

 

(Transcriber's note: this last three lines on this page are extremely difficult to read and transcribe; hence the several missing (?????) parts in some lines.)

 

In the Supreme Court
Probate Side

In the estate of James Dwyer late of Holyrood Conception Bay planter deceased
At the instance of Patrick Dwyer of Holyrood aforesaid claiming as next of Kin of Said Deceased It is ordered that John Dwyer William Dwyer Jane Haly Bridget McKay Ann Fewer and George Hussey of Port de Grave Salmon Cove and Margaret his wife do shew cause if any they know why the Will of the said James Dwyer should not be produced and established or if lost established on due proof of the contents and executrix thereof or why Common Administration should not be granted to Wife? ??? by filing? in the Registrar's Office and ???ing on the said petitioner? as answer containing the grounds on which they resist such grant on or before the 4th day of June? 1881 otherwise the admin? of this your? petitioner? will? be taken? to be admitted? by them. By the court May ??, 1881
John H House?                    ?. I. Wood
Duckworth Street                  ???ty C C & Reg'r
St. Johns
Proctor ??????

 

In the matter of the
estate of James
Dwyer
late of Holy
rood planter deceased.

Petition of Patrick
Dwyer
, for administration.

Fiat
J. I. Little
for admin ???
to file affidavits
????

 

 

SUPREME COURT OF NEWFOUNDLAND
---------------

Be it Remembered That on this Second day of December in the 51st Year of the Reign of our Sovereign Lady Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c, and in the Year of our Lord One Thousand Eight Hundred and Eighty-seven personally appeared Patrick Dwyer of Holyrood in the Northern District of Newfoundland, Planter, William S. McGrath of St Johns in the Central District Harness Maker and John Strapp of Harbor Grace in the Northern District Planter and did acknowledge themselves to be held and firmly bound to our said Lady the Queen, Her Heirs and Successors, in the penal Sum of Eight hundred Dollars to be had, made and levied on his Goods, Chattels and Effects, jointly and severally, if Default is made in any of the conditions following :---

Now the Condition of this Obligation is such, that if the above bounden Patrick Dwyer as Administrator of the Estate and Effects of James Dwyer late of Holyrood Planter deceased, do make or cause to be made, a just, true, and perfect inventory of all and singular the Goods, Credits and Effects of him the said deceased, which have or shall come to the hands, possession, or knowledge of him the said Patrick Dwyer as such Administrator or to the hands or possession of any other person, or persons, for him and the same so made do exhibit, or cause to be exhibited, in the Supreme Court of Newfoundland, at or before the Second day of June next ensuing the date hereof; and the said Goods, Chattels, Credits and Effects, and all other the Goods, Chattels, Credits and Effects of the said deceased, at the time of his death, or which at any time afterwards shall come into the hands or possession of him the said Patrick Dwyer or to the hands or possession of any other person or persons for him shall well and truly administer according to Law, and further shall make, or cause to be made, a just and true account of said Administration, on or before the second day of December which will be in the Year of Our Lord One Thousand Eight Hundred and Eighty-eight and afterwards from time to time as he shall be lawfully required. And all the rest, residue, and remainder of the said Goods, Chattels, Credits and Effects, which shall be found remaining upon the said Administration Account, the same being examined and allowed by the said Supreme Court of Newfoundland, shall and do pay and dispose of in due course of Administration, or in such a manner as the said Court shall direct; then this obligation to be void and of no effect, or else to be and remain in full force and virtue.

Signed and sealed                               Patrick Dwyer
in the presence of                               John Strapp
                                                            William S. McGrath

Geo. I. Adams
   Comm'r affids

 

 

Page Transcribed by Gordon Bennett

Page Revised by Ivy F. Benoit (Wednesday November 15, 2017)

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