Catherine Gleeson
Mary Ellen Gleeson
         1900

Estate of Catherine Gleeson &
Mary Ellen Gleeson 1900
From LDS Microfilm #2057448

(Transcriber's Note: This document is badly damaged, with some data lost and illegible.)

Scholfield Goodman ???

v

Harris & Greene, Trustees of

Gleeson's Estate

In the Supreme Court
of Newfoundland

In the matter of the Estate and effects
of Catherine Gleeson and Mary Ellen Glee
son, trading as "James Gleeson".

Between
Scholfield Goodman & Sons                           Plaintiffs
                           and
John Harris and Thomas Greene
trustees of the Estate of said
Catherine Gleeson and Mary Ellen
Gleeson                                                             Defendants

         Upon reading the affidavit of Herbert E. Knight, dated the 16^th day of November A.D. 1900 and upon hearing Mr. Knight in person and Mr. Wood for the plaintiff and for the Dana Hardware Company, Robinson & Fox and Charles F. Taylor Creditors of said Estate and Mr. Morris Q.C. for Ellen Mary Gleeson and it appearing that the said Ellen Mary Gleeson did by deed poll dated the 20^th day of December A.D. 1804 and registered on the 20^th day of December A.D. 1804 assign to Herbert E. Knight of Saint Johns Solicitor as trustee for James and Joseph Greene children of Michael K. Greene ALL THAT piece or parcel of land situate on the South shore of Quidi Vidi Lake near St. Johns and bounded West commencing on Forest Road at South eastern angle of land of Capt. English and extending to Water of said QuidiVidi Lake three hundred feet more or less North by waters of said Quidi Vidi Lake one hundred feet East by land now or formerly of A. W. McKay five hundred feet more or less and South by Forest Road one hundred feet more or less for the alleged consideration of $400.00 and that the said assignment was made without the knowledge or consent of the said Herbert E. Knight and that the said sum of $400.00 never passed between the parties to said deed and that the said deed was in fact a voluntary conveyance and that the said Herbert E. Knight never accepted or acted in the said trust. And that in proceedings in insolvency affecting the Estate of Ellen Mary Gleeson said property was ordered to be realized for the benefit of creditors and that now the said Ellen Mary Gleeson has made an arrangement with the plaintiff and the other creditors of said Estate above mentioned and that in pursuance of said arrangement it is necessary that the said Ellen Mary Gleeson raise a sum of money upon the security of the said land and promised above described. And the parties to this
                                                                        application

Page 2

application having consented to this order. It is ordered and adjudged that the said Herbert E. Knight be and he is hereby removed and that George Adams Assistant Clerk of the Supreme Court be and he is hereby appointed trustee under the said deed poll instead of the said Herbert E. Knight and the said Herbert E. Knight having refused to execute a re-assignment of the said property to the said Ellen Mary Gleeson that the said Geo. J. Adams re-convey to said Ellen Mary Gleeson the property comprised in the said deed poll.
Dated the 21^st day of November A. D. 1900
On motion of Mr. Wood                                                      Jos. J. Little
for plaintiffs                                                                                 C.J.

In the Supreme Court
of Nfld

In the matter of the Est.
effect of Catherine Gleeson
& Mary Ellen Gleeson
trading as "James Gleeson"

Betweem
Scholfield Goodman & Sons

and

John Harris & Thomas
Greene trustees of
Est. of Mary Ellen
Gleeson
         drfts?

Order for appointment of
trustee under Deed Poll etc

Nov 22 1900 Filed

A

Office Telephone 19
Residence Telephone, "Beaconsfield," 9

E. P. MORRIS, Q.C.
Barrister and Solicitor                                                          LAW OFFICE HENRY STREET

St. Johns, Newfoundland, March 19^th 1900

The Hon. John Harris
                and
T.J. Greene Esq.
Trustees of Gleeson's estate.

Dear Sirs,

         I am in receipt of your communication of the 10^th inst. relative to certain properties in which at one time Mrs. Janet Gleeson and Miss M.E. Gleeson had an interest. In your letter you ask me to enquire into the title of these properties (a) the cottage at QuidiVidi
(b) the house on Water Street partly occupied by M. Thorburn Esq. with a view of seeing if there is any interest which you could realize as trustee of Glee-son's estate for distribution amongst creditors. I have carefully gone over the title deeds and find the cottage and grounds at the Lake was Miss Gleeson's up to the 20^th Dec. 1894 at which date and when the firm of Glee-son was solvent an assignment for valuable consideration $400 was made by Miss M. E. Gleeson to Herbert Knight solicitor, in trust for Jas. and Jos. Green childred [sic] to M. K. Greene. This deed was registered on the 20^th day of December A.D. 1894. The Water Street property was mortgaged for $2000 on Dec. 12^th A.D. 1893 for five years at 8%. None of the principal has been paid and there is now in addition ??? due as interest. The property is only leasehold and pays a heavy ground rent. There has been no tenant in the hoise [sic] for some years and if sold tomorrow it would not realize the principal due under the mort-

Page 2

Office Telephone 19
Residence Telephone, "Beaconsfield," 9

E. P. MORRIS, Q.C.
Barrister and Solicitor                                                          LAW OFFICE HENRY STREET

St. Johns, Newfoundland, March 19^th 1900

gage. For these reasons I have no hesitation in stating that as Trustee you have no interest in these properties.

Yours truly,
E. P. Morris

WOOD, KELLY & MEWS
Barristers, Solicitors, and Notaries
Temple Building, Duckworth Street
St. Johns, Newfoundland

April 21^st, 1900

Hon. John Harris and
T. Greene Esq.
Trustees Gleeson's Estate

Dear Sirs:-

re Gleeson's Estate

         We have perused the accounts filed by you, and Mr. E. P. Morris' letter re certain landed properties which have not been thrown into the estate. On behalf of our Clients (Messrs. Scholfield Goodman & Sons, the Dana Hardware Company and Messrs Robinson & Fox) we have now to request permission to institute proceedings in your names as trustees of the Estate, for the setting aside of the Mortgage on Water Street property, and to have thrown into the Estate certain property on Prince's Street and George's Street and the Quidi Vidi Property. We should feel obliged if you would favour us with an early reply.

Very truly yours
         Wood, Kelly & Mews

WOOD, KELLY & MEWS
Barristers, Solicitors, and Notaries
Temple Building, Duckworth Street
St. Johns, Newfoundland

May 2, 1900

Hon. J. Harris
??? Gleeson's Est.

Dear Sir
We should feel very much obliged if you would let us have an answer to our request of the 21^st Apl. as our clients are desirous of having the matter settled as quickly as possible.
yours ???
Wood, Kelly & Mews

WOOD, KELLY & MEWS
Barristers, Solicitors, and Notaries
Temple Building, Duckworth Street
St. Johns, Newfoundland
May 17, 1900
Hon E. P. Morris Q.C.

Dear Sir
Re Gleeson's Estate

Will you kindly let us know if you have any offer to make in this matter? If you remember, you asked me to wait a little and not to do anything without letting you know.
yours ???
W. S.? Wood

WOOD, KELLY & MEWS
Barristers, Solicitors, and Notaries
Temple Building, Duckworth Street
St. Johns, Newfoundland
May 26^th, 1900

Hon. E. P. Morris Q.C.
Dear Sirs -

WITHOUT PREJUDICE
re Gleeson's Est.

         Please let us know if you wish to make any offer of settlement in this matter, and, if not, whether we may use the trustees' names in proceedings as asked.
yours truly
Wood Kelly & Mews

WOOD, KELLY & MEWS
Barristers, Solicitors, and Notaries
Temple Building, Duckworth Street
St. Johns, Newfoundland
May 31^st, 1900
Hon E. P. Morris Q.C.

Dear Sir

Re Gleeson's Estate

         We cannot wait longer in this matter - Will you please let us know today whether or not we may use the trustees' names in proceedings?

yours ???
                  Wood Kelly & Mews

(Written sideways at the bottom of the page:)
K???         40
                 70
                 62
                 40
               212
                 75
              $137

    100
  1000
$1600
    105

WOOD, KELLY & MEWS
Barristers, Solicitors, and Notaries
Temple Building, Duckworth Street
St. Johns, Newfoundland
June 27, 1900
Hon E. P. Morris Q.C.

Dear Sir

Re Gleeson's Estate

         Will you kindly let us have your offer in this matter as mentioned by you to me and W. Wood - also a statement showing particulars of the Prince's & George's St property, the number of houses and tenements and the rents for each &c - We would ask your early attention to this matter as our clients are pressing to have it settled.

yours ???
         Wood Kelly & Mews

(Transcriber's note: The following message was handwritten on the back of the previous page.)

In this matter you will have our answer in a few days. It has not been my fault that you have not heard before.

WOOD, KELLY & MEWS
Barristers, Solicitors, and Notaries
Temple Building, Duckworth Street
St. Johns, Newfoundland
June 29, 1900
Hon E. P. Morris Q.C.

Dear Sir

Re Gleeson's Estate
Re suggested offer of about 10¢

We find in looking at the Estate ??? that there is ??? a balance of roughly $5000.00 due to the executors?
The property ought to realize at least this amount, to say nothing of the rents ??? since? the ???al, for which someone must be liable so that we could? not accept any such offer as 10¢
The property is worth as follows, as nearly as we can gather.

         We must therefore ask either payment of the amount due our clients or realize of the Estate without further delay

???
Wood Kelly & Mews

WOOD, KELLY & MEWS
Barristers, Solicitors, and Notaries
Temple Building, Duckworth Street
St. Johns, Newfoundland
July 9^th, 1900
Hon E. P. Morris Q.C.

Dear Sir

Re Gleeson's Estate

We have to remind you that you were to see us re this matter last week. We should feel very much obliged by your early attention to it as we explained, we really cannot wait longer, but do not wish to take proceedings if your clients wish to settle

your ???
Wood Kelly & Mews

WOOD, KELLY & MEWS
Barristers, Solicitors, and Notaries
Temple Building, Duckworth Street
St. Johns, Newfoundland
July 30^th, 1900
Hon E. P. Morris Q.C.

Dear Sir

Re Gleeson's Estate

         We have not yet received the promised particulars of the Georges St. and Prince's St. property. If your clients will not take the trouble to furnish them, we must renew our request for permission to sue in the trustees' names - It appears as if your clients were simply trying to delay matters without any real intent of making a settlement - We must therefore ask for either the particulars, or the trustees' permission to use their names to do ???. failing that we must apply to the Court without further delay.

Yours ????
Wood Kelly & Mews

Office Telephone 19
Residence Telephone, "Beaconsfield," 9

E. P. MORRIS, Q.C.
Barrister and Solicitor                                                      LAW OFFICE HENRY STREET

St. Johns, Newfoundland, July 31^st, 1900

COPY

Dear Sirs,

         I now send you the particulars asked for in reference to the George's Street property owned by Gleeson's Estate.

You will remember this is Crown property. There is now due the Municipal Council on this property $305.72.?  Any other information that you desire, I shall be glad to furnish you with the same.

Yours truly,
E. P. Morris

Messrs.
Wood, Kelly & Mews

WOOD, KELLY & MEWS
Barristers, Solicitors, and Notaries
Temple Building, Duckworth Street
St. Johns, Newfoundland
Aug. 14^th 1900
Hon E. P. Morris Q.C.

Dear Sir

Re Gleeson's Estate

         I must request you to let me have by noon? today, either an undertaking that the Prince's & George's Street Property, the Water St. Property, and the Quidi Vidi property will be ??? ??? the Estate, or the trustees' permission to use their names as requested. Failing this, I shall apply to the Court in the matter at ???

Yours ????
Wood Kelly & Mews

E???? 1 to 11
referred to in the
afft of John Harris
???

No 260

In the Supreme Court
of Newfoundland

In the matter of the Estate and effects
of Catherine Gleeson and Mary Ellen
Gleeson trading as "James Gleeson"

         Between

Scholfield Goodman and Sons         Plffs
                           and
John Harris and Thomas Greene
trustees of the Estate of said
Catherine Gleeson and Mary Ellen
Gleeson                                              Defts

         Let John Harris and Thomas Greene trustees of the Estate of Catherine Gleeson and Mary Ellen Gleeson trading as aforesaid attend before Mr. Justice Morrison in Chambers at the Court House, St. Johns on Monday the 20^th day of August A.D. 1900 at 11 oclock am, upon the application of Scholfield Goodman & Sons who claim to be creditors upon the Estate of said Catherine Gleeson and Mary Ellen Gleeson for an order that the said trustees be removed and for the appointment of another trustee in their stead on the grounds that they have willfully neglected to collect and realize the assets of the said Estate.
         If you do not attend either in person or by your solicitor at the time and place above mentioned such order will be made and proceedings taken as the Judge may think just and expedient.
         Dated the 14^th day of August A.D. 1900

Wood Kelly & Mews                                             G. Morison J
Solicitors for
Scholfield Goodman
& Sons
Address: Temple Bldg
Duckworth St.
St. Johns

No 260

In the Supreme Court
of Nfld

In the matter of the Est and
Effects of Catherine Gleeson
& Mary Ellen Gleeson trading
as "James Gleeson"

Between

Scholfield Goodman
and Sons         plntif

and

John Harris & Thomas
Greene trustees of the
Estate of said
Catherine Gleeson and
Mary Ellen Gleeson
defts

Originating? T???s

Filed Aug 17 ???

In the Supreme Court

In re Estate of Catherine
Gleeson and Mary Ellen Gleeson

         between

Schollfield Goodman & Sons

         and

John Harris and Thomas
Greene Trustees

         It is admitted that the Water St property and the George St. Property belong to the Estate and that the alleged mortgage to Mary Joseph Greene on the Water St. Property ?? & 2000 is inoperative. This being so the documents necessary to vest the Water Street property in the Trustees should be Executed without delay. If the Trustees for the Quidi Vidi property (W Knight) decide to retain that property, the Trustees, in view of the ???ement contained a paragraph? ?? of affidavit of Walter Clouston, must take action to test the validity of the assignment of said property. It appears to me that it would be advisable in the interests of all concerned if a compromise could be arranged between the insolvents and the creditors. Further proceedings will mean further delay and expense which can be avoided by a reasonable compromise. I therefore adjourn these proceedings to Monday the 27^th inst at 11 o'clock to give the parties time to see if any compromise can be arranged. Failing this the properties belonging to the Estate must be realized

Page 2

Subject to the rules of the Court

Geo. Morison
J
Aug 20.1900

In re Estate
of Catherine Gleeson
and Mary Ellen Gleeson

Judgment

adjourning proceeding
under originating?
Summons for one
week

In the Supreme Court of Newfoundland

Newfoundland
St. Johns, To Wit

         I John Harris of St. Johns, aforesaid, one of the trustees aforesaid, make oath and say :-

1. I am one of the trustees of the said Catherine Gleeson and Mary Ellen Gleeson Estate
2. I and my co-trustee realized and distributed the said estate as shown by the accounts filed in the Supreme Court, a copy of which is attached to the affidavit of Walter Clouston.
3. I have seen and read the affidavit of Walter Clouston in this matter.
4. With regard to the properties referred to in paragraph ?? of the said affidavit and which it is claimed should have been realized as part of the said estate, I have to say that it was only on the 2^nd of March 1900 that I or my co-trustee first learned from a letter from Messrs. Wood, Kelly and Mews of the existence of an interest of the said estate in the properties referred to.
5. On the receipt of the said letter I caused enquiry to be made into the several properties referred to and obtained counsel's opinion as to the course I and my co-trustee should follow, which opinion is hereto annexed marked "A".
6. In our letter to our solicitor causing this enquiry to be made, he was asked to report on the George Street and Princes Street property, which report has only been made to me during the present month.
7. Since the filing of the said accounts and since the suggestion that ??? her ???ts existed which had not been realized, negotiations have been going on between the solicitors for Scholfield Goodman and Sons and other creditors and the solicitor of the said Mary Ellen Gleeson, with a view of making some arrangement with the said Scholfield Goodman and Sons and the other creditors of the said estate which would render it unnecessary for the trustees to further realize. These negotiations only terminated
   
   
   
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   August 16^th the day upon which the summons in this case was issued, as will appear from the correspondence hereto annexed, Marked I to II. I was made aware from the commencement that these negotiations were proceeding and was informed right up to August 14t^th that there was a probability of a satisfactory settlement being arrived at.
8. I am a creditor of the said estate in my private capacity for $???.?? and the firm of Hearn & Co., of which I am a member, is a creditor for $???.??
9. I and my co-trustee are prepared ??? to proceed forthwith with the realization of the said properties or such portion of them as may be found to be legally vested in us and distribute the proceeds amongst the creditors of the said estate.
10. The reason that no steps have been taken to obtain possession of the said lands and properties or to realize the same, since the fact of their existence has come to our knowledge, was the hope that the negotiations referred to would have terminated satisfactorily.
11. That I or my co-trustee was not aware that any rents were collected from the said properties for the reasons aforesaid.

SWORN before me at St. Johns                                             John Harris
this 20^th day of August A.D. 1900.

Geo. J. Adams
Clerk

1900

In re Gleeson's Estate

Scholfield et al

Harris et al

Afft of John Harris

Filed August 20 1900

(Illegible initials)

A

In the Supreme Court

In the matter of the Estate of James Gleeson of St. Johns Merchant

The Estate of James Gleeson
In ap with John Harris, M K Greene Trustees

Newfoundland
St. Johns S.S.
We John Harris and T. J. Greene Trustees of the Insolvent Estate of James Gleeson make oath and say that the within afc marked "A" is correct and true to the best of our knowledge and belief.
Sworn before me at St. Johns                                    John Harris
aforesaid this 19^th day of                                          T. J. Greene
April A.D. 1900
W. J. Carroll
Comm'r S.C.

Statement of dividends paid on ap? Gleesons Est

John Harris                                    Trustees Est
T. J. Greene                                    James Gleeson

Copy

In the matter of the
Estate of James Gleeson

Accounts of Trustee
in Insolvency

filed April 19 : 1900

In the Supreme Court of Newfoundland

In the matter of the estate and effects of Catherine Gleeson and Mary Ellen Gleeson trading as "James Gleeson".

BETWEEN

Scholfield Goodman and Sons                           Plaintiffs

John Harris and Thomas Greene
trustees of the Estate of said
Catherine Gleeson and Mary Ellen
Gleeson                                                                 Defendants

Newfoundland
Saint Johns to wit         I Walter Clouston of Saint Johns aforesaid Manufacturer's Agent make oath and say :-

1. That I am the Agent in Newfoundland of Scholfield Goodman and Sons of B???phan England Merchants and have full knowledge of the facts in this matter.
2. That John Harris of St. Johns Commission Merchant and Thomas Greene of the same place Accountant are trustees of the estates and effects of Catherine Gleeson and Mary Ellen Gleeson of St. Johns aforesaid trading under the style or firm of James Gleeson under deed of Assignment for the benefit of the creditors of said Catherine Gleeson and Mary Ellen Gleeson dated the         day of         A.D. 1895.
3. That the said trustees have paid a dividend of 45 cents in the Dollar on the debts due by said Catherine Gleeson and Mary Ellen Gleeson.
4. That said Scholfield Goodman & Sons were creditors of said Catherine Gleeson and Mary Ellen Gleeson at the time of said assignment in the sum of $2328.07.
5. That said trustees have filed their accounts as trustees of said Estate copy of which are hereto annexed marked "A".
6. That I am informed and believe that said Catherine Gleeson and Mary Ellen Gleeson had at the time of said assignment and now hold in addition to the property and effects mentioned in said accounts other lands and properties viz (1) A shop and dwelling house situate on Water Street in
   
   
   
   Page 2
   
   
   Saint Johns (2) lands and dwelling houses situate on Prince's Street and George's Street in St. Johns aforesaid.
7. That said property on Water Street is covered by a mortgage to one Mary Joseph Greene for the sum of $2000.00, which Mortgage I am informed was given for no consideration and solely for the purpose of defeating the creditors of said Catherine Gleeson and Mary Ellen Gleeson.
8. That the said Mary Ellen Gleeson in the year 1894 when, as I am informed and believe, they were unable to pay one hundred cents in the dollar assigned to Herbert E. Knight Esq. as trustee for children of Michael and Mary Greene for the sum of $400.00 a certain piece or parcel of land with dwelling house thereon situate near Quidi Vidi St. Johns aforesaid. That said land and dwelling house are of much greater value than $400.00 and I am informed and believe the said assignment was made for the purpose of defeating the creditors of said Catherine Gleeson and Mary Ellen Gleeson.
9. That I have applied to the said trustees for permission to take action in their names to have the said properties thrown into and declared part of the said Estate but been unable to obtain the same.
10. That said trustees though made aware of the facts set forth above have taken no steps to obtain possession of said properties and lands or to realize the same for the benefit of the creditors of the said Estate.
11. That I am informed and believe that they have permitted the said Catherine Gleeson and Mary Ellen Gleeson to collect and receive the rents of the said properties from the date of said assignment until now.

Sworn before me at St. Johns
aforesaid this 14^th day of                                                      Walter Clouston
August A. D. 1900

W. J. Carroll
Commissioner

?
No. 260

1900

In the Supreme Court
of Nfld

In the matter of the Est
& effects of Catherine Gleeson
and Mary Ellen Gleeson trading
as James Gleeson
Between
Scholfield Goodman & Sons    Plaintiff
and
John Harris and Thomas
Greene Trustees of the
Est and effects of said Catherine
Gleeson and Mary Ellen Gleeson    Defendant

Affidavit of Walter Clouston
to formal? Summons

Filed Aug 17/00
(illegible initials)