Ellen Murphy
          1900

Estate of Ellen Murphy 1900
From LDS Microfilm #2057616

AFFIDAVIT
----------

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

NEWFOUNDLAND
St. Johns To Wit          I Donald M. Browning of St. Johns, Chief Clerk and Registrar of the Supreme Court do swear that I believe that Ellen Murphy late of Catalina in the Northern District, Widow deceased, died with a Will; and that I will well and truly administer all and every the Goods of the said deceased and pay her debts, so far as her Goods will extend: 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 from 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 she 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 thousand dollars.

So help me God

Sworn, at St. John's, aforesaid                                        D. M. Browning
this 6^th day of June A.D. 1900

Before me

Geo. I. Adams
Commissioner of Affidavits, Supreme Court

281

1900

Estate of Ellen Murphy
late of Catalina
in the Northern District
Widow deceased

Letters of Administration^C.T.A.
granted to
Donald M. Browning
of St. Johns in the
Central District, C C& R

Dated 6^th June 1900

Sureties

Estate sworn under $ 1000.00

"A"

Be it known to all Men that I, Ellen Murphy, widow of the late John Murphy of Catalina that I do make over the old stage and room that was the dwelling home out houses and stores and ground unto Margret and Anastasia Murphy her two daughters and what belongs to the dwelling home also. And her son Patrick Murphy is to have his home and front garden and a place to build a room off the left hand side of the old room after my death and if her daughter Mary comes back they are not to see her in want, and also the hill garden where Patrick Murphy sowed his potatos is for the three Patrick, Johanah & Ellen Murphy ??? all after my death not before.

??? ??? July 22^nd 1881 Witness Patrick Casey
                                                     Allan? X Murphy
Witt?? Donald X Walsh
           Johanah Sulivan?

In the District                                        Newfoundland
Bonavista to wit

          We the undersigned do swear that we were present and did see the within named Ellen Murphy sign her hand to the within document by making her mark, that the contents were read over and explained by Patrick Casey and afterwards by Johanah Sullivan in our presence and that we signed our names as witnesses in her presence and in the presence of each other.
Sworn before me at Bonavista                              Patrick Casey
this seventeenth day of October                            Johanah Sullivan
A.D. 1884, having been read                                             his
over and explained                                                 Dennis X Walsh
Jno. G. Skelton                                                                mark
Comm'r Supreme Court

Certificate

I hereby certify that the notice on the other side hereof written has been posted in my office from the day of the date thereof to this date and that no caveat or other objection has been entered or filed thereto.
          St Johns Feby 6, 1900

Geo. J. Adams
A.C.S.C.

Notice

Three days after the date hereof application will be made to the Honourable the Supreme Court or to one of the Honourable the Judges thereof for letters of Probate to the will of Ellen Murphy late of Catalina, Widow to be granted to Patrick Murphy son of the deceased.
          St. Johns Feby 3^rd, 1900
Albert LeC. Berteau
Sol'r for applicant

To the Honourable the Supreme Court of Newfoundland
or to one of the Honourable the Judges thereof.

The Petition of Albert LeC. Berteau of St. Johns in the Island aforesaid Solicitor for Patrick Murphy of Catalina Deputy Sheriff

Humbly Sheweth

1. That Ellen Murphy late of Catalina Mother of Patrick Murphy, died there in the year 1883 having previously made and executed her last Will and Testament.
2. Your Petitioner has not seen said will and is unable to say whether or not Executors were appointed thereto.
3. Your Petitioner is informed and verily believes that the said Will is in the possession of Bridget Murphy spinster, a daughter of deceased and now in the employ of George Knowling of this city, merchant.
4. That the said Bridget Murphy has been requested by your Petitioner, to deliver up said will but she has failed to do so.
5. Your Petitioner is informed that the Government some time past awarded a certain sum for land belonging to deceased Ellen Murphy and devised under said will taken for road purposes.
6. Your Petitioner is instructed that the said land or a portion thereof was devised to the said Patrick Murphy and that the Commissioners holding the said sum declined to devide [sic] the money until it can be done in a proper legal manner.
   
   
   
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7. Your Petitioner therefore prays first for an order upon the said Bridget Murphy to produce the said will before this Honourable Court, and second that the said Patrick Murphy be appointed administrator of the estate of the said Ellen Murphy deceased in the event of the will having been made without Executors or for such order or relief as your Honourable Court may deem just in the premises.

          And as in duty bound your Petitioner will ever pray etc. etc.

          Dated at St. Johns this 6^th day of February A.D. 1900

A. LeC.Berteau

Newfoundland
St. Johns S.S.
I, Albert LeC. Berteau, of St. Johns in the Island aforesaid Barrister at Law the Petitioner named in the foregoing petition make oath and say that the several matters and things therein contained and set forth are in every particular correct and true.                              A. LeC. Berteau
Sworn at St. Johns this
6^th day of February A.D. 1900,
Before me
W. J. Carroll
Comm'r S.C.

Original

Supreme Court of
Newfoundland

In the matter of
the Estate^{& Will}
of Ellen Murphy late
of Catalina in the Island
aforesaid, Widow
deceased

Petition of A. Lec Berteau
for Patrick Murphy
^{legatee and} Son of deceased.

Let Adm^rc.t.a. be granted
to D. M. Knowling C.C. & Reg.
May 26 / 00

D. Morison
J

A. Lec. Berteau
Crosbie Building
Duckworth St.
St. Johns N.F.

We the undersigned Ellen Joy wife of John Joy of Catalina nee Ellen Murphy and Johannah Joy wife of Michael Joy also of Catalina nee Johannah Murphy daughters, respectively, of Ellen Murphy, wife of John Murphy both deceased do hereby jointly and severally agree of the appointment and request that Donald Browning S.C. Civil Clerk and Registrar be appointed administrator to the will of the said Ellen Murphy deceased.
Dated at Catalina this 20^th day of February A.D. 1900

                                        Johana Joy
Joseph Joy                     Ellen Joy

Witness

Signed before me at Catalina
this 20^th day of February A.D.
1900
Fred Somerton
Commissioner S.C.

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

Newfoundland
Bonavista To Wit
I Johanah Sulivan of Bonavista Bird Island Cove married make oath and say that on the 22^nd day of July or thereabouts A.D. One Thousand Eight  Hundred and eighty one at Bird Island Cove I was present and did see Ellenor[sic] Murphy late of Catalina Widow deceased the Testatrix named in the paper writing hereunto annexed, marked A, duly sign (by making her mark), publish and declare the said annexed paper writing as and for her last Will and Testament, in my presence and in the presence of Patrick Casey & Denis Walsh the other subscribing witnesses thereto. That I and said Patrick Casey & Denis Walsh then and there signed our names to such Will as such witnesses, in the presence of the said Testatrix and of each other. That previously to the Will being so signed as aforesaid, by the said Testatrix and the said witnesses, it was read over to and approved of by, the said Testatrix in the presence of me and the said Patrick Casey & Denis Walsh and that at the time of the said execution of the said Will the said Testatrix was of sound and disposing mind, memory and understanding, to the best of Deponent's knowledge and belief.

Sworn at Bonavista                                                  Johanah Sullivan
this 27^th day of
March A.D.
nineteen hundred
Before me
(Illegible signature)
Commissioner of Affidavits
Supreme Court

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

In the Estate of Ellen Murphy late of Catalina in the Northern District Deceased

Inventory and Valuation of the Property of the said Deceased.

I Donald M. Browning of St. Johns Chief Clerk & Registrar of the Supreme Court of Newfoundland make oath and say that I am the Administrator of the Estate of Ellen Murphy late of Catalina Widow deceased 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 her death, as far as I can at present ascertain.

D. M. Browning
Sworn at St. Johns in the
Electoral District of St. Johns
this 6^th day of June
A.D. 1900, before me.

Geo. J. Adams
Clerk

IN THE SUPREME COURT OF NEWFOUNDLAND

In the matter of the Estate and
Will of Ellen Murphy late of Catalina
in the Island aforesaid, Widow deceased

          Upon motion of Mr. Berteau and upon reading the Petition herein I do order that Bridget Murphy of St. Johns in the Island aforesaid spinster, daughter of deceased, do produce and bring into Court within four days after the service of this order on her, the will or any paper or writing being or purporting to be the will or testament of the said Ellen Murphy deceased. Failing such production and bringing into Court that the said Bridget Murphy do attend before me in Chambers at the Court House on Monday the 12^th day of February instant at 10.30 o'clock a.m. to be examined upon oath touching any will or testament or any paper writing purposing to be the will or testament of said Ellen Murphy deceased.
          St. Johns February 7^th A.D. 1900

D. Morison
J

On motion of
??? Berteau
Solicitor for Patrick
Murphy a legatee

In the matter of the
Estate of Ellen Murphy
late of Catalina in the
Island aforesaid, Widow
deceased

Order to produce Will ???

(Illegible date)

A. LeC. Berteau
Solicitor,
Crosbie Building,
Duckworth Street
St. Johns N.F.

IN THE NAME OF GOD AMEN

          I, Ellen Murphy of Catalina Trinity Bay in the Island of Newfoundland being warned by my advanced years and my frequent and present bodily infirmities that the dissolution of this my earthly tabernacle cannot in the ordinary course of nature be long deferred, have deemed it meet and just whilst yet blessed by the Almighty God with the full possession and free use of all my mental faculties, to make by this my last will and testament the following dispositions of my worldly goods, viz:-
          I will devise and bequeath to my well beloved daughters, Margaret and Anastasia my Dwelling House, all my furniture and furnishings, all my stores and out offices, all my land, except those portions hereafter specified, and all my waterside, including that part thereof, which my late husband occupied for purposes appertaining to the fishery except the portion mentioned lower down in this Document.
          I bequeath to my son Patrick the garden opposite to his present Dwelling House, and at present occupied by him, the little garden containing the old cellar immediately behind his dwelling house. One third part of this Hill Garden and such portion of my waterside above mentioned, as may be of sufficient dimensions for the erection of a commodious Fishing Room and Wharf. The remaining two thirds of the Hill Garden I will and bequeath to my well beloved Daughters Ellen and Johanna. In the event of Margaret dying before Anastasia, if she dies unmarried, Anastasia shall succeed to all Margaret's bequest herein mentioned, if she dies married and child-

Page 2

less Anastasia shall then succeed to same, only upon the death of Margaret's husband. And vice versa, in case of Anastasia dying unmarried or married and childless before Margaret.
          In the event of my son Patrick dying, his son, John, shall succeed to the property left under the provisions of this will to the same Patrick my son.
          Similarly, in the event of Ellen or Johanna dying, their eldest sons respectively shall inherit the small portions of land under this Will bequeathed to the same Ellen and Johanna.
          I appoint the Revd. P. Carolan of Bonavista my sole executor.
          I declare this is my last Will and Testament.
          In witness whereof I, the said Ellen Murphy do hereby at Catalina on this the thirty first day of March in the year of Our Lord One Thousand Eight Hundred and Eighty Four, append with my own hand the mark attached to my signature.

Signed sealed and
Delivered in presence
of

WITNESSES

Catalina
March 31^st 1884

Subsequent
Will not
signed