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A Collection of Newfoundland Wills
(F)
John Funcheon Senior

 

Part 1 - Contributed by Steve Fanning

Will of John Funcheon
from Newfoundland will books volume 4 page 325 probate year 1884

A

In the name of God, Amen

I, John Funcheon being of sound mind, do make this my last Will and Testament whereby I give, devise and bequeath unto my son John Funcheon absolutely all manner and kinds of worldly goods and effects, real and personal property of which I shall die possesed.

In witness whereof I have hereto set my hand and seal at St. John's this 25th day of March A.D. 1867.

Signed Sealed and delivered in presence of John X his mark Funcheon
Having been first read over and explained.

Patrick J. Scott
Patrick Summers

To The Honorable The Chief Justice or one of The Honorable The Assistant Justices of the Supreme Court of Newfoundland

The Petition of John Funcheon of Saint Johns in the Island of Newfoundland aforsaid Laborer

Humbly sheweth

That your Petitioners father John Funcheon late of Saint Johns aforesaid fisherman died at Lazy Bank in Saint Johns aforesaid about fifteen years ago having first made his last Will and Testament.
That the said last Will and Testament of the said John Funcheon your petitioners said father has been lost.
That P.J. Scott Esqr. Attorney at Law was one of the transcribing Witnesses to said will and can prove the contents thereof and loss of said will.
That the paper writing hereto annexed marked A petitioner is informed and believes is a true copy of said Will and was taken from the original Will by George (note: Charles written but scratched out) Oliver Saint Johns Compositor.

(Page 1 of 2)

That the said John Funcheon died possessed of land and property within the jurisdiction of this Honorable Court of the probable value of Twelve Hundred dollars.
That your petitioner is Sole Legattee under the Will of the said John Funcheon.

That the said John Funcheon left kin surviving your petitioner and two daughters Catherine married to Morgan Neil of Saint Johns and Mary Ann since dead.

Petitioner prays that Letters of Administration being Testaueato Annexo of the said John Funcheon to said Estate may be granted to him and as in duty bound he will ever pray.
John X his mark Funcheon

Newfoundland
Saint Johns
To wit John Funcheon of Saint Johns aforesaid Laborer the above named petitioner maketh oath and saith that the content of the foregoing Petition are just correct and true.
Sworn before me at Saint Johns aforesaid
This 13th day of June AD 1883 John X his mark Funcheon
(Having first been read over and explained). H. J. Wood

(Page 2 of 2)

In the Supreme Court
Probate Side

Newfoundland
Saint Johns
To wit-
George (note: Charles written but scratched out) Oliver of Saint John's aforesaid Compositor maketh oath and saith that the Paper Writing hereto annexed marked A is a true copy of the last Will and Testament of John Funcheon late of Saint Johns fisherman deceased. That the said copy was written by aforesaid and taken from the original will of the said John Funcheon word for word and line for line without any alteration whatsoever.
Geo. T. Oliver
Sworn before us at Saint Johns aforesaid this 13th day of June A.D. 1883
H. J. Wood

Supreme Court of Newfoundland

Be it remembered, That on this the Nineteenth day of February in the Forty seventh 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, &e., and in the Year of Our Lord One Thousand Eight Hundred and Eighty four personally appeared John Funcheon, Laborer, Msc John Fogarty, Victualler and Timothy Cormack farmer, all of St. John's in the Central District 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 Two thousand four hundred Dollars, to be had, made and levied on their 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 John Funcheon as Administrator
Cum testatueto annexedeo of the Estate and Effects of John Funcheon late of St. John's aforesaid Fisherman deceased, do make, or cause to be made, a just, true, and perfect inventory of all and singular the Goods, Credits and Effects of the said deceased, which have or shall come to the hands, possession, or knowledge of him the said John Funcheon 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 19th day of August next ensuing the date hereof; and the said Goods, Chattels, Credits and Effects, and all other 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 John Funcheon 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 his said Administration, on or before the 19th day of February, which will be in the Year of Our Lord One Thousand Eight Hundred and Eighty Five 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 in the presence of
John X his mark Funcheon
Joseph Fogarty
Timothy Cormack

Having been first read over and being explained
H . J. Wood

Supreme Court
Probate Side

In the matter of the Estate
Of John Funcheon late of Saint Johns Culler

The answer of Catherine Neil of St. John's wife of Morgan Neil and daughter of deceased who resists the grant of Probate to all alleged Will or letters of Administration thereto on the following grounds:

  1. That the said father John Funcheon never Executed any Will.
  2. That her said father died some fourteen years ago and from that time until last year she the said Catherine Neil never heard of any Will having been Executed.
  3. That the brother of said Catherine Neil now claiming Administration to said alleged Will never during all the years that intervened between the death of the said John Funcheon until the present date informed said Catherine Neil of the existence of a Will Executed by her Father.
  4. The said Catherine Neil has sold a portion of the property of her said father with the knowledge of said John Funcheon to Mr C. F. Bennett for £20 and said John Funcheon did not allege then that any Will had been Executed.
  5. That the husband of said Catherine Neil is now at the Labrador and has not been cited before this Honourable Court but is a necessary Witness to prove the state of health of the deceased previous to his death and other material facts in connection therewith.

Mr. Heily & Mr. Heily
Proctors for Catherine Neil

In the Supreme Court
Probate Side

In the Matter of the Estate
Of the late John Funcheon
Of St. Johns Fisherman -
Deceased -

The answer of John Funcheon of Saint Johns eldest son of deceased as a lita?ors at the instance of Catherine Neil claiming as one of the next of kin of John Funcheon deceased. Issued on the 18th day of August A.D 1882. This Respondent John Funcheon saith that his father the late John Funcheon died having first made and published the forgoing an his last Will and Testament - Namelly - "In the name of God Amen I John Funcheon being of Sound Mind do make this my last will and testemant, whereby I give devise and bequeath unto my son John Funcheon absolutely all manner and kinds of worldly goods and effects real and personal property of which I shall die possesed on written whereby I have pursuant set my hand and seal at Saint Johns this 25th of March 1867."

John X his mark Funcheon

Signed sealed and delivered in presence & having been first read over and explained.
Patrick J. Scott
Patrick Summers

This respondent further saith that no probate was taken to said Will because of a mutual agreement and understanding between all parties concerned in said Estate.

And this respondent is now prepared to prove said Will and take Probate of same.
Lastly this respondent saith that the said Catherine Neil has no right to Administor as one of the next of kin of said John Funcheon deceased.

M. J. Parsons
Proctor for
John Funcheon
August 9 1882


Part 2 - Contributed by Judy Benson as part of the wills project

Will of John Funcheon Senior
from Newfoundland will books volume 4 page 325 probate year 1884

In re
      John Funcheon deceased.
In the name of God, Amen I, John Funcheon being of sound mind, do make this my last Will and Testament whereby I give, devise and bequeath unto my son John Funcheon absolutely all manner and kinds of worldly goods and effects, real and personal property of which I shall die possessed.
In witness whereof I have hereto set my hand and seal at St. John's this 25th day of March A.D. 1867. John his X mark Funcheon Signed Sealed and delivered in presence of having been first read over and explained, Patrick J. Scott Patrick Summers

Certified Correct,
D.M. Browning
Registrar.

 

 

Note: The wills in those will books are NOT actual wills. They are either hand-written copies or in later years typed copies of a, "last will and testament," written or typed by the court clerk, after the death of the testator, when the executor presented them to the court for probate. The court clerk didn't list the signatures at the bottom, he (or she) just put them in the book in whatever order they were in, on the original document, no spacing most of the time, no punctuation and also no paragraphs. The originals were kept by the executor.

We who have typed these wills, have made every effort to include all the errors that were on the microfilm, in order to avoid destroying the integrity of the originals, where ever they may be. However, in some of the very long wills, we have tried to insert paragraphs to make it easier for the researcher to read the document.

Part 1 - Contributed & Transcribed by Steve Fanning (December 2003)

Part 2 - Contributed by Judy Benson as part of the wills project

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)

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