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Miscellaneous Deeds, Grants, Petitions & Wills
(F)
Philip Farrell

 

Philip Farrell
          1888

 

 

In the Supreme Court of
Newfoundland
Probate Side

          To the Honourable Sir F.B.T. Carter K.C.U. G. Chief Justice and Robert I. Pinsent D.C.R. and I.I. Little, Assistant Justices of the Honourable the Supreme Court of Newfoundland.

The petition of John Nash and John Holden of St. Johns in the Central District of Newfoundland aforesaid

Humbly Sheweth

          That the late Philip Farrel formerly of St. John's aforesaid died on the fifteenth day of January last ??? having first made his last Will and Testament hereto annexed.
          That the wife of the said Philip Farrel died before him and that he left him surviving six children namely, Michael, Mary, Margaret, Ellen, Bridget, and James?
          That at the time of his death the said Philip Farrel was possessed of property within the jurisdiction of this Honorable Court of the probable value of about Two thousand dollars.
          That neither Probate of the said Will nor Letters of Administration to the Estate of the said late Philip Farrel have been hereto granted.
          Petitioners therefore pray that Probate of the said Will may be granted unto them and for which as in duty bound they will ever pray.

John Nash
John Holden

 

In the Supreme Court

Newfoundland
St. Johns
To Wit

          John Nash and John Holden the petitioners named in the foregoing petition ??? make oath and say that the matters and things in the said petition set forth are correct and true to the best of their knowledge and belief.

Sworn before me at
St. John's aforesaid
this 29th day of                                                            John Nash
February A.D. 1888                                                    John Holden
by the said John Nash and
John Holden

          P. Emerson
          Comm'r

 

Supreme Court
Probate Side

In the matter of the
Will of the late P. Farrel
of St. John's Farmer
deceased

Petition of J. Nash &
J. Holden Exr's for
Probate

Will you please ??? a
Fiat for Wm? Scott

Fiat J Little
C.J.

 

(page handwritten and difficult to read)
Thirty years without child or children the said ????????? shall go to my said daughter or the survivors of them or their representatives ??? of children if they have any. It shall be lawful for my said Executors hereinafter named to assist any of my daughters who may be married, ??? in their of union? and ????? such assistance is required or would be ??? ???eous but not so as to h???? the property by mortgage or otherwise
I authorize my Executors to give to my son Michael one C??? and overkeeper (referred to in ?????? part of this Will) whenever in their opinion ??? ?????? they deem it right, and they shall not be bound to give both at the one time
It is my wish that my children shall be obedient and listen? to? the counsel of my friend John Nash and John Holden in all matters and I hereby appoint them to be my executors.
In witness whereof I have ??? set my hand in ???? Hall, St. John's aforesaid this twelfth day of January Anno Domini Eighteen Hundred and Eighty Seven.

Signed and published ???
??? Philip Farrel or his last                                             his
Will and testament in presence                              Philip X Nash
of us, who at the request of and                                      mark
in presence of the testator of
each other sign or attesting
witness (the words "on her marriage on the 20th line of the second page
the words "Boggy Hall" on 2nd line of ??? page, "survivors? of their or them" on the third line of ??? ??? "children if they have any" on fourth line of fourth page having been first? made in ??? and that word ??? there upon "on 25th line of first page being ??? ?????? Patrick ? Scott? James Nash

 

Last will &
Testament of
Philip Farrel

 

 

In the name of God Amen
I Philip Farrel of Boggy? Hall, ??? ??? Road, St. John's Newfoundland Farmer being of sound and disposing mind memory and understanding do make and ordain this as and for my last will and Testament.
After the payment of my just ??????? and Testamentary Expenses I give devise and bequeath to my Executors hereinafter named all that ???, land ??? and property on Topsail Road about Nine? ??? from ??? formerly known as Jenkins Farm and afterward held by the late Michael Farrel deceased and at present occupied by my son Michael, in trust to hold use and apply to rents ??? and profits thereof to the sole use of my said son Michael subject to the condition that the said Michael shall not have power to sell or mortgage the same without the consent of my said Executor and any such sale by ??? or mortgage by him without such consent shall be invalid, and the said ????? and ???? and ?????? shall be ???? held and treated by my Executors as residue of my Estate.
I give devise and bequeath to my Executors hereinafter named All my Farm lands houses ??? and property on the Topsail Road in which I now reside and ??? own collectives? ??? the Boggy Hall property, and all farming utensils, and all and every ??? ??? description of property thereon or used

in connection therewith for farming or other ???als in connection with a farm, horses cows, except one cow and a yearling ??? of ??? bequeathed to my son Michael and cattle of every description in such? ???asteke use and apply the same to and for the uses and ??? following, namely that all my unmarried daughters Mary Farrel, Margaret Farrel, Ellen Farrel, (P.J.S.) and Bridget Farrel, and my youngest son James may live on and occupy the said ?agsy Hall property which shall be worked by them under the direction, management and control of my said Executors hereinafter named with? my said son James shall have attained the age of thirty years, provided nevertheless that each and every one of said daughters on her marriage shall cease to have right of residence on or claim to any part of said property, the possession? I purpose making regarding there??? being in restraint of marriage and to enable them to have a home and job ??illihood while unmarried.
On my said son, James attaining the age of forty years my said Executors shall assign to him the said property subject to the right of any of my said daughters then unmarried to ??? on and get her support ??? of the said property in case my said son James shall die before the age of (ends abruptly)

 

Supreme Court of Newfoundland
---------------

St. John's
TO WIT

          Patrick J. Scott
of St Johns, aforesaid Barrister at Law maketh oath and saith that on the twelfth day of January A.D. one thousand eight hundred and eighty-eight at St Johns aforesaid he, this Deponent, was present and did see Philip Farrel late of St Johns aforesaid the Testator named in the paper writing hereunto annexed duly sign (by making his mark) publish and declare the said annexed paper writing as and for his last Will and Testament, in the presence of this Deponent and of
          James Nash
the other subscribing witness thereto. That Deponent and said

James Nash

then signed their names to such Will as such witnesses, in the presence of the said Testator and of each other. That previously to the said Will being so signed as aforesaid, by the said Testator and the said witnesses, it was read over to and approved of by the said Testator in the presence of Deponent and the said

James Nash

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 Deponent's knowledge and belief.

Sworn before me at St Johns
aforesaid, this 29th day
of  A??? Feby, A.D.                                        Patrick J. Scott
One Thousand Eight Hundred and
Eighty-eight

          ??? Emmerson
          Commissioner

 

 

Newfoundland
In the Supreme Court

AFFIDAVIT
----------

You shall swear that you believe this to be the true Last Will and Testament of Philip Farrell late of Saint Johns in the Central District of Newfoundland, Farmer, deceased You shall swear that you will pay all the Debts and Legacies of the Deceased, so far as the Goods shall extend and the Law shall bind you: and that you will exhibit a true, full and perfect Inventory of all and every the Goods, Rights and Credits of the deceased, together with a just and true account into the Registry of the Supreme Court of Newfoundland, when you shall be lawfully called thereto: And you shall further swear that the whole of the Goods, Rights, Chattels, Assets, Credits and Effects of the said Philip Farrell, Deceased, and of which he died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of two thousand five hundred dollars

So help you God

John Holden
John Nash

Sworn before me at St. John's
this 5th day of
March A.D. 1888 by the
said John Holden and John
Nash

Geo. I. Adams
Commissioner of Affidavits, Supreme Court

 

 

1888

Estate of Philip Farrell

late of St. Johns

In the Cantral District

Farmer deceased

Dated
March 5/88

Probate granted John Holden
and John Nash
the Exectors named in the Will

Estate sworn under $2500

 

 

Page Transcribed by Gordon Bennett

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

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