Philip McCourt
          1900

Estate of Philip McCourt 1900
From LDS Microfilm #2057616

Notice

Three days from date hereof application will be made to the Supreme Court or to one of the Honourable the Judges thereof for letters of Probate to the last Will and Testament of Philip McCourt of St. Johns in the Island of Newfoundland Merchant, deceased to be granted to the Executors named in the said Will.

          Dated at St. John's this 10^th day of September A.D. 1900

(Initials in left margin)           George T. Carty
DFK                                         Solicitor for Executors
acsc

Certificate

I hereby certify that the notice on the other side hereof written has been posted in my office from the date thereof to the present date and that no caveat or other objection has been entered thereto.

Dated at St. John's this 18^th day of September A.D. 1900

Geo. J. Adams
Clerk

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

In the Estate of Philip McCourt
late of St. John's Merchant
DECEASED

Inventory and Valuation of the Property of the said Deceased.

I, Anne Jane McCourt make oath and say that I am one of the Executors of the Estate of Philip McCourt 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 said deceased at the time of his death, as far as I can at present ascertain.

Sworn at St. John's in the
Electoral District of St. John's                     Ann Jane McCourt
this 14^th day of September
A.D. 1900, before me,

G. J. Adams
Clerk.

The Inventory and Valuation may be somewhat under the ????

(back of the page only has some addition of numbers on it but not clearly)

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

NEWFOUNDLAND }
St. John's To Wit:       }
I, George J. Carty of St. John's aforesaid. Solicitor make oath and say that on the 31^st day of January A. K. One Thousand Nine Hundred I was present and did see Philip McCourt late of St. John's aforesaid, Merchant the Testator named in the paper writing hereunto annexed, marked A, duly sign, publish and declare the said annexed paper writing as and for his last Will and Testament in my presence, and in the presence of Thomas Bales?
the other subscribing witness thereto. That I and said Thomas Bales then and there signed our names to such Will as such witnesses, in the presence of the said Testator and of each other. 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 my knowledge and belief.

Sworn at St. John's, Newfoundland
This 13^th day of September                     George T Carty
A. D. 1900
Before me,

Geo. J. Adams
Commissioner of Affidavits, Supreme Court.

A???

This is the last Will and Testament of me Philip McCourt late of Channel but at present of Saint John's Merchant. Herely revoking all other and forever Wills by me at any time made, I give devise and bequeath all the property of every description both real and personal wheresoever situate including all moneys Stock in trade of which I may die possessed of to my Executors and Trustees hereinafter (written in left margin E McC ???) named in Trust. (1) For the support and maintenance of my wife Elizabeth until her death or remarriage and such of my daughters who shall be unmarried at the time of my death and until their marriage (2) In the event of the profits of said business being more than sufficient for the support and maintenance of my said wife Elizabeth and my said daughters remaining unmarried I direct that the same be invested in good security by my Executors and Trustees. (3) In the event of the death or remarriage of my said wife Elizabeth I direct that the Estate remaining in the hands of my Exectors and Trustees at the time of her death or remarriage shall be equally distributed among my children Mary Ellen wife of John Sullivan, Ann Jane, Eliza, Mary Margaret, Mary Monica, Philip Joseph and Johanna (written in left margin T.B ???) Bridget. (4) Should the children who may be assisting my said wife in the conduct and management of G.T.C the business at Channel, at the time of the death or remarriage of my said wife Elizabeth desire to continue said business after her death or remarriage, then and in such case my said Executors

shall assign the said business at^Channel to them for their own use and benefit but not however (initials in right margin T. B) before the share or interest of any of my said children who may not desire to continue the business G. T. C at Channel shall have been first ascertained. Which share or interest shall be determined by two Arbitrators, one to be appointed by my Executors and the other by the child or children so withdrawing whose duty shall be to make a thorough investigation of said business at Channel, its assets and liabilities and the decision of said Arbitrators shall be final. In the event of a disagreement between said Arbitrators they shall have power to appoint a third and the decision of any two shall be final. The Share or interest of said child or children so withdrawing having been assertained as aforesaid I direct that my Executors shall pay to him or her the value of said share provided that in the opinion of my Executors the payment of said share or interest would not imperil the financial stability of said business. If however my Executors be of opinion that the payment to the child or children withdrawing from said business at Channel of their share or interest therein in one sum would jeopardize or imperil the financial stability of said business I direct that my Executors shall pay to the child or children so withdrawing their share or interest in instalments of such amount and at such times and monies which in their opinion may serve best. I direct that my wife Elizabeth shall be the manager of my said business until her death or remarriage.

I appoint my wife Elizabeth and my daughter Ann Jane and my Son in Law John Sullivan, Executors and Trustees of this my Will

Dated at Saint John's this 31^st day of January 1900

Signed by the said Testator
as and for his last Will and
Testament in the presence of
us who in his presence and at                    Philip McCourt
his request and in the presence
of each other have hereto our
names subscribed as witnesses

(The words at Channel having been first inserted)

Thomas Bates

George T. Carty

To the Honorable the Supreme Court or to one of the Honorable the Judges thereof:

The petition of Elizabeth McCourt, Ann Jane McCourt and John Sullivan

Humbly showeth as follows,

1. That Philip McCourt late of St. John's Merchant died there on the 6^th day of September A. D. 1900 having made and executed his last Will and Testament which is hereto annexed marked "A" and which has been duly proved.

2. The said deceased in and by his said Will appointed your petitioners his Executors.

3. The said deceased at the time of his death was possessed of property of the probable value of five thousand dollars

4. That no Probate of said will or letters of Administration of the Estate of said deceased have been previously applied for

5. Your petitioners therefore prays that Probate of Will of said deceased may be granted to them

And as in duty bound they will ever pray
Dated at St. John's this 10^th day of September A.D. 1900

Elizabeth McCourt
Ann Jane McCourt
John Sullivan

Newfoundland

St. John's }
To Wit       } We Elizabeth McCourt, Ann Jane McCourt and John Sullivan the petitioners named in the foregoing petition do make oath and say that the several matters and things therein contained and set forth are correct and true.

Sworn before me at
St. John's this 14^th day of                     Elizabeth McCourt
September A.D. 1900                            Ann Jane McCourt
by the said Elizabeth McCourt
& Ann Jane McCourt

Geo J. Adams
Clerk

Sworn to at St. John's this                     John Sullivan
18^th day of September
AD 1900 by the said
John Sullivan

Geo J. Adams
Clerk

1900

In the Supreme Court

In the matter of the
Estate of Philip McCourt
late of St. John's Merchant
deceased

Petition of Elizabeth
McCourt Ann Jane McCourt
and John Sullivan
for Probate to will of deceased

Fial?
Jos J Little
C. J

Sept 10^th 1900

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

In the Estate of Philip McCourt late of
St. John's, Merchant
deceased

We Elizabeth McCourt, Ann Jane McCourt and John Sullivan of St. John's, in the Electoral District of St. John's, make oath and say: That we believe the paper writing hereto annexed and marked by us to contain the true and original last Will and Testament of Philip McCourt of Channel in the Electorial District of Burgeo, La Poile Merchant late of St. John's, in the Electoral District of St. John's East? deceased: That we are the Executors therein named, and that we will well and faithfully administer the estate and effects of the testator by paying his just debts and the legacies contained in his Will so far as the same shall thereto extend and the law bind us, and by distributing the residue (if any) of the estate according to law; and that we will exhibit under oath a true, full and perfect inventory of all and singular the estate and effects, rights and credits, of the testator, and render a just and true account thereof whenever required by law so to do: that the testator died at St. John's, aforesaid on the sixth day of September, one thousand nine hundred; and that the gross value of the estate and effects, rights and credits, of the said testator is Four thousand Eight hundred dollars, and no more, according to the best of my knowledge, information and belief.

Sworn at St. John's in the
Electoral District of St. John's East?           Elizabeth McCourt
This 14^th day of September                          Ann Jane McCourt
A.D. 1900, ^{by the said deponent}                 John Sullivan
before me

Sworn to at St. John's this ?^th day of September 1900 at the
?? John Sullivan
Geo J Adams
???

1900
In the Supreme Court

In re
Philip McCourt
late of St. John's
Merchant
deceased.

OATH OF EXECUTOR

Probate granted on the 20^th day of
September 1900 to
Eliz'th McCourt, Anne Jane
McCourt & John Sullivan

Value of Estate $4,800.00