John Kennedy
          1895

Estate of John Kennedy 1895
From LDS Microfilm #2057393

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

Be it Remembered That on this 9^th day of October in the 59^th 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 ninety five personally appeared William Kennedy of Western Bay Conception Trade  John B. Ayre of S' Johns and Charles P. Ayre of St. Johns, Merchants and did acknowledge themselves to be held and firmly bound to our said Sovereign Lady the Queen, Her Heirs and Successors, in the penal Sum of two 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 William Kennedy as Administrator of the Estate and Effects of John Kennedy late of Western Bay 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 William Kennedy 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 9^th day of April 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 Administrator 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 9^th day of October which will be in the Year of Our Lord One Thousand Eight Hundred and ninety six 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                                         William Kennedy
in the presence of
                                                                      John B. Ayre
Geo. I. Adams                                             Chas. P. Ayre
Comm'r Affdts
Supreme Court

AFFIDAVIT
----------

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

NEWFOUNDLAND
St. Johns To Wit          I William Kennedy of Western Bay, Conception Bay Trader do swear that I believe this to be the true Last Will and Testament of John Kennedy late of Western Bay, aforesaid, fisherman deceased died without a will; 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 the law shall bind me 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 after 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, of which he died possessed, within the jurisdiction of this court do not, according to the best of my knowledge, judgment and belief, amount to the value of one hundred dollars.

So help me God

Sworn before me, at
St. Johns this 9^th day                                        William Kennedy
of October A.D. 1895

Geo. I. Adams
Commissioner of Affidavits
Supreme Court

1895

Estate of John Kennedy
late of Western Bay in
Conception Bay
in the Northern District
Fisherman deceased

Admin granted to
William Kennedy
of Western Bay in the
Northern District

Dated 28^th Oct 1895

Sureties John B. Ayre
Chas. P. Ayre

Estate sworn under $100.00

In the Supreme Court

Between

William Kennedy          Plaintiff

          and

Martha Kennedy now Whelan        Defendant

Upon reading the statement of Claim in this action and the affidavit of service thereof upon the defendant^{and as appearance? of defence having been entered} I do order that Administration of the Estate and Effects of said John Kennedy deceased be granted to the said Plaintiff William Kennedy.
Dated at St. John's this 18^th day of October A.D. 1895
On motion of Mr. Morison Q.C.
J.S. Winter
for Plaintiff

In the Supreme Court

between

William Kennedy Plff

and

Martha Kennedy Defdt
now Whelan

Order for Grant of
administration to
William Kennedy

In the Supreme Court

Between

William Kennedy Plaintiff
and
Martha Kennedy now Whelan Defendant

Statement of Claim

1. The plaintiff is a nephew and the next of kin of John Kennedy of Western Bay Fisherman deceased who died there about seventeen years ago intestate
2. The defendant is the widow of said intestate
3. The plaintiff claims that administration of the estate of said deceased should be granted to some proper and ???itable person so that the same may be distributed
4. This writ is isued [sic] against you (1) because you are in ??? of said? intestate and as such entitled to the grant of Administration if you choose to claim it (2) because you were notified by letter dated the 25^th day of April last ?? that application would be made for a grant of Administration of said estate and have taken no steps to intervene and claim this said Administration and (3) because it is necessary that the estate of said intestate should be distributed according to law.

Morison Morine & Gibbs
Plaintiff's Solicitors

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

Between

William Kennedy Plaintiff

          and

Martha Kennedy Defendant
now Whelan

Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith &c &c

To the Defendants:
We Command you that within Eight days after the service of this Writ or of notice of this Writ with statement of claim on you, inclusive of the day of such service, you do cause an appearance and defence to be entered for you in this Court in this action, and take notice that in default of your so doing the plaintiff may proceed therein, and judgment may be given in your absence.

Witness the Honourable Sir Frederic B.T. Carter, K.C.M.G. Chief Justice, the 13^th day of September in the year of our Lord One Thousand Eight Hundred and Ninety five

Geo. I. Adams
Commissioner

Morison Morine & Gibbs
Plaintiff's Solicitors
Address: Duckworth St
(Illegible signature)
N.B. This Writ must be served within twelve calendar months from the date thereof, or, if renewed, within six calendar months from the date of the last renewal, including the day of such date, and not afterwards.
The Defendant may appear hereto by entering an appearance, either personally or by Solicitor, in the Chief Clerk and Registrar's Office in St. John's.

Folio?
No. 323

In the Supreme Court

Between (initials J.O.O.C)

William Kennedy Plaintiff

and

Martha Kennedy Defendant

Plaintiffs Address

Western Bay

Plffs Sol'rs
Morison Morine & Gibbs
Duckworth St
St. Johns
Bowden & Co. Printers

            No Appce? Defence (Probably No "Appearance or Defence")
Oct. 8/95                      ie: Mrs. Kennedy didn't show up in court
(Illegible signature)    to press her case)

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

Between

William Kennedy Plaintiff

          and

Martha Kennedy Defendant
Western Bay

To Wit
I, Richard Halfyard of Western Bay aforesaid, make oath and say that I did on the seventeenth day of September A.D. 1895 personally serve the within named Defendant with true copy of the within Writ, necessarily travelling one mile.

Sworn before me at Black ???
Western Bay aforesaid, this                         Richard E Halfyard
17^th day of September
A.D. 1895

John C. Moores Commissioner, S.C.