Will of Judith O'Leary Morry from Newfoundland will books volume 19 page 449 probate year 1946

## Includes War Savings Certificates $1,800.00

In the matter of the Will and
Estate of JUDITH MORRY, late of
St. John’s, Married Woman, deceased.

TO THE HONOURABLE THE SUPREME COURT OF NEWFOUNDLAND OR ONE OF THE HONOURABLE THE JUDGES THEREOF.

THE PETITION of Elizabeth Mennie, of Montreal in the Province of Quebec in the Dominion of Canada, Married Woman, and James M. Bradshaw, of St. John’s in the Island of Newfoundland, Solicitor, by their Solicitors CONROY & BRADSHAW,

1. Judith Morry, late of St. John’s aforesaid, Married Woman, died at that place on the 25^th day of March A.D. 1946, having previously made her last Will and Testament, dated the 3^rd day of September A.D. 1942, and a First Codicil to the said last Will and Testament dated the 12^th day of January A.D. 1946.
2. Hereto annexed marked "A" is the said last Will and Testament of the said deceased proved upon affidavit of James M. Bradshaw, one of the subscribing witnesses thereto.
3. Hereto annexed marked "B" is the said First Codicil to the said last Will and Testament of the said deceased proved upon the affidavit of the said James M. Bradshaw, one of the subscribing witnesses thereto.
4. By her said last Will and Testament the said deceased appointed Elizabeth Mennie, formerly Elizabeth Conroy, to be the Executrix and Trustee thereof.
5. By the said First Codicil to the said last Will and Testament the said deceased appointed the said James M. Bradshaw to be Joint Executor and Trustee thereof with the said Elizabeth Mennie.
6. Hereto annexed marked "C" is a correct and true inventory and valuation of the estate and effects of the said deceased at the time of her death so far as Your Petitioners can at present ascertain. The gross value thereof is $43,258.37.
7. Neither Letters of Probate to any will nor of Administration to the estate of the said deceased have been granted forth of this Honourable Court to anyone.

Your Petitioners, therefore, pray that the Honourable Court or Your Lordship may be pleased to grant to them Letters of Probate to the estate and effects of said deceased,
AND, as in duty bound, will ever pray, etc., etc.
Dated at St. John's this 29^th day of April, 1946.

(Written in the margin on this page of the petition)
That Probate be granted to James M. Bradshaw,
with reservation of the rights
of Elizabeth Mennie to apply.
[Signature Illegible] J.
29 / IV / 46

NEWFOUNDLAND,
ST. JOHN'S, ss.

I, James M, Bradshaw, of St. John's aforesaid, Solicitor, make oath and say as follows:-

1. I am one of the Petitioners named in the foregoing Petition.
2. The several matters and things therein set forth and contained are correct and true to the best of my knowledge and belief.

James M. Bradshaw

SWORN at St. John's this
29^th day of April, 1946,
before me,

THIS IS THE LAST WILL AND TESTAMENT of me Judith Morry of St. John's in the Island of Newfoundland, wife of John Morry.
I hereby revoke all other wills by me at any time made and I appoint my Solicitor Elizabeth Conroy, hereinafter called my Trustee, to be executrix and trustee of this my Will.

1. I direct that after payment of all my debts funeral and testamentary expenses the following pecuniary bequests be paid:
1. To my brother Arthur O'Leary the sum of five hundred dollars.
2. To my nephews Stanislaus and Edward Fowler the sum of two hundred and fifty dollars each.
3. To my niece Sister Mary Immaculata the sum of five hundred dollars for her personal use.
4. To my Trustee UPON TRUST to use the same for the purpose of meeting the expenses of further professional training for my said niece Sister Mary Immaculata, all moneys on deposit in my trust account in the Newfoundland Savings Bank.
5. To my god-child Margaret Conroy the sum of one hundred dollars, and to her brother Charles the sum of fifty dollars.
6. To Florence McNamara the sum of fifty dollars.
7. To my Trustee UPON TRUST to have Masses said for the repose of my soul the sum of two hundred dollars, and UPON TRUST for a charitable purpose disclosed to her the sum of one hundred dollars.
2. All the rest, residue and remainder of my estate of which I may die possessed I give, devise and bequeath to my husband John Morry for his use and benefit during his lifetime and without restriction as to the use of principal as well as interest of such part of the said residue as shall consist of money or securities representing money. Upon the death of my husband my Trustee shall stand possessed of the said residue of my estate or of such part of the same as shall remain intact upon the following trusts:
1. UPON TRUST to permit my cousin Margaret O'Leary to have full use and enjoyment of my house situate on Mullock Street during her lifetime, and after her death UPON TRUST as hereinafter declared.
2. UPON TRUST to invest the sum of One Thousand Dollars and to accumulate the interest thereon, and from time to time during the lifetime of my said cousin Margaret O'Leary to apply the moneys so accumulated to the maintenance and repair of my said house, the said sum of One Thousand Dollars and any accumulated interest in hand at the time of my said cousin's death to fall into residue.
3. UPON TRUST upon the death of my said cousin to sell my said house, and from the proceeds of such sale, after payment thereout of all charges incidental thereto to pay to the Scarboro Foreign Mission Society of Scarboro Bluffs, Ontario, the sum of Five Thousand Dollars UPON TRUST for the education of a priest for the Chinese Mission; and it is my wish that preference shall be given to a student from Newfoundland, all other things being equal. Of the balance of the proceeds of such sale I direct my Trustee to hold one moiety UPON TRUST for the education or otherwise for the benefit of the children of my nephew Stanislaus Fowler; and in the event that at the time of the said Margaret O'Leary's death my nephew Edward Fowler shall be married and shall have issue, I direct my Trustee to hold the other moiety of the said balance UPON TRUST for the education or otherwise for the benefit of the children of the said Edward Fowler. AND I DECLARE that my Trustee shall have full discretion in the application of such funds and shall not be bound to any proportions with regard to individual beneficiaries. In the event that at the death of the said Margaret O'Leary my said nephews or either of them shall have no issue, I direct that my Trustee shall stand possessed of the said moieties or moiety as the case may be UPON TRUST to pay the same to my said nephews or nephew for their or his sole and absolute use.
4. UPON TRUST to give to my said cousin Margaret O'Leary the furniture contained in my said house and all my personal effects for her sole and absolute use.
5. UPON TRUST to invest the sum of One Thousand Dollars and to apply the income thereof together with such portions of the principal as may from time to time be required, to pay the hospital expenses at St. Clare's Mercy Hospital of one or more poor persons from Fermeuse each year, until the said some shall be exhausted. AND I DECLARE that my Trustee shall have discretion as to the amount to be expended for this purpose each year and shall have the right to select the person or persons to benefit from the said fund or to request the Parish Priest for the time being of Fermeuse to make such selection.
6. UPON TRUST to pay to the Presentation Convent, Cathedral Square, the sum of One Thousand Dollars UPON TRUST to pay the expenses of or otherwise help from time to time such aspirants to the Presentation Order as shall be members of Renews Parish, until the said sum shall be exhausted.
7. UPON TRUST to sell call in and convert into money such part of the residue of my estate as has not hereinbefore been specifically disposed of and as shall not consist of money or securities representing money, and to invest the same together with my ready money and pay the income arising from such investment together with the income arising out of securities to my brother Arthur O'Leary and his wife Elizabeth, and after the death of either, to the survivor for his or her lifetime as the case may be. Upon the death of such survivor my Trustee shall stand possessed of the residue of my estate UPON TRUST for my nephews Stanislaus and Edward Fowler and my niece Sister M. Immaculata in equal shares as tenants in common.
3. My trustee shall have power in her discretion to retain all or any investments I may have at the time of my death (subject nevertheless to the provisions contained in Clause 2 hereof) and to invest reinvest and alter investments in such securities as she may deem best without being restricted by any law of Newfoundland or elsewhere in regard to investments and without responsibility for anything but good faith in her administration.

IN WITNESS WHEREOF I have hereunto subscribed my hand at St. John's this Third day of September A. D. 1942.

SIGNED, PUBLISHED and DECLARED by the Testatrix as and for her last Will and Testament in presence of us, both present at the same time, who in her presence, at her request and in the presence of each other hereunto subscribe our names as witnesses attesting the due execution hereof:

Katherine Sinnott
James M. Bradshaw

THIS IS THE FIRST CODICIL to the last Will and Testament of me Judith Morry of St. John's in the Island of Newfoundland, made on the third day of September A. D. 1942.

1. I hereby appoint my Solicitor James M. Bradshaw to act as joint Executor and Trustee with Elizabeth Conroy now Elizabeth Mennie.
2. WHEREAS I have paid during my life time to my godchild Margaret Conroy and her brother Charles the legacies set forth in paragraph 1 (e) of my said last Will, I hereby revoke the said paragraph 1 (e).

IN WITNESS WHEREOF I have hereunto subscribed my hand at St. John's this -----twelfth--- day of January, A. D. 1946.

Judith Morry

SIGNED PUBLISHED AND DECLARED by the Testatrix as and for a first Codicil to her last Will and Testament in presence of us, both present at the same time, who in her presence, at her request and in the presence of each other hereunto subscribe our names as witnesses attesting the due execution hereof:

Maud Whelan
James M. Bradshaw.

PROOF OF WILL
D. R. Thistle, King's Printer

In the Supreme Court of Newfoundland.

IN THE ESTATE OF

JUDITH MORRY DECEASED

I, JAMES M. BRADSHAW
of St. John's      , in the District of St. John's East
in the Island of Newfoundland, Solicitor make oath and say, that
on the twelfth day of January A.D., One thousand
hundred and forty-six    , I was present and did see Judith Morry
late of St. John's in the
District of St. John's East    , in the Island aforesaid, Married Woman
the Testa trix named in the paper writing hereunto annexed, marked A "B", duly sign;
publish and declare the said annexed paper writing, as and for a first / ^Codicil to her last Will
and Testament in my presence, and in the presence of Maud Whelan
the other subscribing witness thereto. That I and said Maud Whelan
then and there signed our names to such Will as such Witnesses, in the presence of the
said Testa trix And that at the time of the said execution of the Will of the said
Testa trix was of sound and disposing mind, memory, and understanding to the
best of my knowledge and belief.

James M. Bradshaw

Sworn at St. John's on the
18^th day of April
A.D., 1946, before me,

Robert Alsop
Clerk.

Inventory and Valuation

In The Estate Of
JUDITH MORRY Deceased.

I,……………………………………………………………………………………………………...
make oath and say that I am ………………………………………………………………………
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 Deceased at the time of
…………………………death as far as I can at present ascertain.

Sworn at …………………………………
this………….. day of …………………..
A.D., 19………..,before me,

Clerk

Oath of Executor
D. R. Thistle, King's Printer

In The Estate Of
JUDITH MORRY Deceased

I, JAMES M. BRADSHAW
of St. John's    , in the District of
St. John's East, Solicitor,    , make oath and say that
    Judith Morry
late of St. John's    , in the District of St. John's East deceased died with a Will, and I am one of the Executors therein named; that I will well and faithfully administer the estate and effects of the testat rix by paying her just debts and the legacies contained in her Will and Codicil so far as the same shall thereto extend and the law bind me, and by distributing the residue (if any) of the said estate and effects according to law; that I will exhibit under oath a true, full and perfect inventory of all and singular the estate and effects of the testat rix , and render a just and true account thereof whenever required by law so to do; that the testa rix died at St. John's on the 25^th day of March     , one thousand nine hundred and forty-six ; and that the gross value of the estate and effects of the said the testat rix is Forty-one three thousand Six Two hundred and eighty-eight fifty-eight JMB
JMB & 3537/100 dollars, and no more, according to the best of my knowledge, information and belief.
James M. Bradshaw Sworn at St. John's this
29^th day of April
S.
A.D., 1946 , before me,
Robert Alsop
Clerk.

PROOF OF WILL
D. R. Thistle, King's Printer

In The Estate Of

I, JAMES M. BRADSHAW
of St. John's , in the District of St. John's East, in the Island of Newfoundland, Solicitor,    , make oath and say that on the Third day of September A.D. One thousand nine hundred and forty-two , I was present and did see Judith Morry late of St. John's in the District of St. John's East , in the Island aforesaid, Married Woman the Testa trix named in the paper writing hereunto annexed, marked A, duly sign; publish and declare the said annexed paper writing, as and for her last Will and Testament in my presence, and in the presence of Katherine Sinnott the other subscribing witness thereto. That I and said Katherine Sinnott then and there signed our names to such Will as such Witnesses, in the presence of the said Testa trix And that at the time of the said execution of the said Will of the said Test trix was of sound and disposing mind, memory and understanding to the best of my knowledge and belief.

James M. Bradshaw

Sworn at St. John's on the
15^th day of April
S.
A.D., 1946 , before me,
Robert Alsop
Clerk.

1    Editorial Comment: Note the error in the name of the deceased. Amazing that this sloppy legal work was allowed to be registered.

Oath of Executor
D. R. Thistle, King's Printer

In The Estate Of

    JUDITH MORRY Deceased

I, Elizabeth Conroy Mennie of Montreal in the Province of Quebec, in the Dominion of Canada, Married Woman, formerly of St. John's , in the District of St. John's East,    , make oath and say that
Judith Morry
late of St. John's , in the District of St. John's East, deceased died with a Will, and I am one of the Executors therein named; that I will well and faithfully administer the estate and effects of the testat rix by paying her just debts and the legacies contained in her Will and Codicil so far as the same shall thereto extend and the law bind me, and by distributing the residue (if any) of the said estate and effects according to law; that I will exhibit under oath a true, full and perfect inventory of all and singular the estate and effects of the testat rix , and render a just and true account thereof whenever required by law so to do; that the testa rix died at St. John's on the 25^th day of March , one thousand nine hundred Forty-six ; and that the gross value of the estate and effects of the said the testat rix is Forty-one thousand Six hundred and eighty-eight & 35/100 dollars² , and no more, according to the best of my knowledge, information and belief.

Elizabeth Conroy Mennie

Sworn at Montreal on the
23^rd day of April
A.D., 1946 , before me,
Louis E. Curran
Clerk.

2    Editorial Comment: Note that the error in the value of the state that was corrected on the statement of Bradshaw was not corrected on this version. Another example of sloppy legal work that would not be tolerated in Canada today.