Transcribed by GEOFF MARTIN
While I have endeavored to be as
correct as humanly possible, there could be some typographical errors
Will of Azariah Percey Munden of Brigus | ||||||||
Page One (A pre-printed template with info filled in as required) Supreme Court of Newfoundland BrigusTo Wit. I do swear that I believe _________Azariah Percey__________ Munden late of Brigus aforesaid a Minor__________________________ deceased, died with out 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 that I will exhibit a true, full and perfect Inventory of the said Goods of the deceased, and render a true account of my Adminis- tration 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, which he died possessed of, within the jurisdiction of this Court, do not, according to the best of my knowledge, judgment and belief, amount to the value of four thousand ____________________dollars. Brigus Sworn before me at
September in the Year of our Lord One Thousand Nathan Norman LS Eight Hundred and Seventy 04. Unknown signatureCommissioner of Affidavits
Page Two
1876 Estate of Azariah P. Munden __________ Dated Sept. 22nd. Affidavit __________ Page Three
To the Honourable the Supreme Court of Newfoundland or one of the Honourable the Judges therof
The Petition of Nathan Norman Of Brigus in said Island , Shipowner.
Humbly Sheweth, That Nathaniel Munden formerly of Brigus Shipowner died about the year, Eighteen Hundred and Fifty, having made and published his last will of which your Petitioner and one William T. Stentaford were appointed executors. That the said William T. Stentaford died about the year Eighteen Hundred and Fifty Three leaving your Petitioner Sole Executor of the said will. That said will was duly proved and Probate thereof granted to the said Executor. That under the said will contain property to the value of about Ten Thousand Dollars was left by the testator to one Azariah Percey Munden, the son of said Page Four said Testator subject to certain Conditions in the said will contained as by reference thereto will more fully appear. That under said will was a specific devise of the sum of Five Hundred Pounds payable by the said Executor to the said Azariah Percey Munden upon the decease of Susannah Munden the wife of said Testator. That the said Azariah Percey Munden died in the year Eighteen Hundred and Fifty Three being then a minor and within the age of Twenty One years. That Administration to the Estate of the said Azariah Percey Munden was granted to the said Susannah Munden in said last mentioned year. That the said Susannah Munden died in January of the present year the Estate of said Azariah Percey Munden not having been fully administered. That Page Five That the said Azariah Percey Munden Left him surviving besides his Said, mother five sisters namely Ann married to Thomas Bearns of St. John’s, gentleman Elizabeth married To your Petitioner and since deceased Caroline married to the Reverend Thomas Harris of St. John’s Wesleyan Clergyman Charlotte married to Daniel Walsh of Montreal in Canada Merchant and Susan the younger married to (initials GRL left of Merchant, the younger is inserted) John Martin of Port de Grave Merchant. That the said Daniel Walsh died Some five or six years since. That said Susannah Martin died in or about (initials GRL left of That, Martin is an insert) the year Eighteen Hundred and Fifty Six without issue and leaving her surviving her husband who, died about three years afterwards. That said Susannah Martin by will devised (initials GRL left of That, Martin is an insert) all her property ?????? in her separate right to the said Caroline. That by an arrangement between all the parties the said Ann Bearns and Thomas Bearns have had advanced to them all moneys due to them, as the share of them or either of them in the Estates of said Nathaniel Munden and Azariah Percey Munden That Page Six That an older brother of said Azariah Percey Munden David? Henry left Newfoundland some thirty years sinces but whether at the time of the death of said Azariah Percey Munden said Henry was alive or whether he be living at present Petitioner does not know nor can any trustworthy intelligence be obtained in reference thereto. That in course of administration of said Azariah Percey’s Estate a distribution share has been reserved and set apart for him if living. That there still remains unadministered of the Estate of said Azariah Percey Munden property and moneys not exceeding in value the sum of Four Thousand Dollars. That connected as are the affairs of the Estate of said Azariah Percey Munden with the Estate of said Nathaniel Munden as by reference to the will of said Nathaniel Munden copy of which is hereto annexed will more fully appear it is expedient that Administration to the Page Seven To the Estate of said Azariah Percey Munden should be granted to your Petitioner. That your petitioners late wife Elizabeth died in the year Eighteen Hundred and Seventy Four having made and published her last will and Testament whereby her interest in said Estate was devised in the first place to (initials GRL left of word was) Petitioners daughter Bertha Alice during her (Bertha Alice has been inserted) natural life and after her decease to Elizabeth wife of George Mackinson to her sole and separate use. Your petitioner therefore Prays that it may please your Honourable Court to cause Letters of Administration to the Estate of said Azariah percey Munden to be granted to him, so far as the same (initials GRL left of word to be) is unadministered. And Petitioner as in duty bound will ever pray etc.
Nathan Norman LS Page Eight Supreme Court
Newfoundland ) St. John’s : ) Nathan Norman of Brigus but at present of St. John’s aforesaid Ship Owner the Petitioner named in the foregoing Petition maket oath and saith that all and singular the matter and things in the within petition mentioned and set for the are just and true to the best of this Deponents knowledge information and belief and further that no Administration has since the death of the within named Susannah Munden been granted to the Estate of said Azariah Percey Munden. Sworn before me at ) St. John’s aforesaid this ) Nathan Norman LS 14th day of June A.D. ) 1876
GR Lilly Commr. Affts. Page Nine Supreme Court __________ In the Estate of Azariah Percey Munden, late of Brigus a minor, deceased ___________ Petition of Nathan Norman praying for Administration de bonis non ad- ministratis
A.J. W??????? Proctor Page Ten
The last will and testament of Nathaniel Munden of Brigus in the Northern District of the Island of Newfoundland Planter. I Nathaniel Munden of Brigus aforesaid Planter being of sound and disposing mind memory and understanding do make this to be my last Will and Testament as follows, that is to say, First it is my will that immediately after my decease an Inventory be taken of all my property and that as soon afterwards as my Executors shall find convenient all the moveable property belonging to me shall be sold at public auction (Household furniture and requisites for the ensuing seal fishery Excepted) and that the proceeds thereof together with what money may be due from various parties and what may be remaining in my house in Brigus after discharging my just debts and incidental expenses shall be placed out at interest on Government or landed security subject nevertheless to the payment when required of the various
bequests hereinafter made. Elizabeth" and "Gem" shall both be sent to the seal fishery the ensuing spring being kept fully insured and that the proceeds of said voyage shall likewise be placed at interest as aforesaid, and that on the return of these Page Eleven these vessels from the ice they shall be both sold with all their materials, the proceeds of the "Gem" to go to the common stock and be placed at interest as aforesaid and the proceeds of the sale of the Jane Elizabeth I give and bequeath separately and distinctly to my son Azariah Percy Munden the amount whereof my Executors are to place out at interest until he shall be twenty one years of age, the interest on the said amount to be added to
the principal. daughter Charlotte Welsh wife of Daniel Welsh of Carbonear the sum of Five hundred pounds to be paid to her by my Executors within six months after my decease. I give and bequeath unto my daughter Caroline Munden the sum of Five hundred
pounds to be paid her on her being married or on the death of my wife whichever shall first
happen. daughter Susannah Munden the sum of Five hundred pounds to be paid her on her being married or on the decease of my wife whichever shall first
happen. daughter Sarah Ann Bearnes the sum of Two hundred pounds to be paid to her on her attaining the age of Twenty Page Twelve
one years. I give my grandson William Bearnes a large picture and frame being a likeness
of himself in oil colours. Munden the Piano Forte at present
in my house in Brigus. my Gold watch to my grandson Nathaniel Munden Norman my silver watch with initials, and to my grandson James Welsh the silver watch
I now use. Azariah Percey Munden on his attaining the age of Twenty one years my Dwelling House Stores, Wharf Plantations fields gardens with all the privileges and appurtenances thereto belonging situate in the town and neighbourhood of Brigus aforesaid subjected to this condition that my wife and unmarried children are to have free and joint occupancy with him of Dwelling (with him is an insert) House and garden ground as long as my said wife shall live and if the said Azariah Percey Munden should marry and his mother should then prefer having separate lodgings leaving the Dwelling House solely to him my Executors are in such to provide a suitable and comfortable place of abode for my said wife and her then unmarried daughters, if any: the cost of which separate Dwelling House or Page Thirteen or place of abode is to be defrayed by the said Azariah Percey Munden. The waterside property in Brigus it is my will that my Executors lease out to the best advantage until such time as Azariah Percey Munden shall
be of the age of twenty one years. Charlotte Welsh the building ground belonging to me situate on Duckworth Street St. John's the other half of which I have already given to my daughter
Elizabeth
Norman. Caroline Munden the Northern half of the property belonging to me in Holloway Street St. John's at present leased to Edward St. John and I give and devise unto my daughter Susannah Munden the Southern
half of the said property. I leave for the use of my wife and
unmarried children and after
unto my son Azariah Percey Munden. My daughters to have the right of
sitting there as long as they remain unmarried. Wesleyan Chapel yard I leave for the use of such members of my own family as (own is inserted)
may wish to be interred therein. hundred pounds on the property of my son in-law Page Fourteen Son-in-law Thomas Bearnes shall not be foreclosed unless with his consent until my son Azariah Percey Munden shall be twenty one years of age or until the death of my wife whichever shall first happen provided that the interest be regularly paid up and the amount kept insured as agreed upon. The amount of this mortgage when received shall be placed out at interest until required for the purposes of this
will. given to my daughter Ann upon her marriage must be considered as an equivalent to what is now willed to
her other sisters. monies placed out at interest should be drawn by my executors for the support of my wife and unmarried children as long as the former shall live and that on the demise of my said wife the principal and all other
monies then belonging to shall be divided as follows: First, To my (First is inserted) son Azariah Percey Munden shall be paid Five hundred pounds, To my daughter Ann Bearnes shall be paid five hundred pounds, To my daughter Elizabeth Norman shall be paid Five hundred pounds and the residue or what may be remaining shall be equally divided between my five daughters herein mentioned and my son Page Fifteen son Azariah Percey Munden that is to say in six equal parts. It is further my last will and intention that all the bequests made and devised herein to my several daughters whether of money or of real estate shall be and hereby is made to them and each of them to be held and enjoyed in their own right and as their separate Estate independent of their present or any future husband or husbands. And I hereby authorise constitute and (authorize is inserted) appoint Nathan Norman of Brigus, Planter, and William Tomas Stentaford of the same place Clerk of the Peace to be my Executors of
into effect and I hereby revoke all
time this only to be my last Will and Testament. For the trouble and time
in bequeath to Each of my said Executors
Twenty five pounds each. by the said Nathaniel Munden the Testator as his last Will and Testament in the presence of us who in his presence and at his request and in presence of each other have hereunto subscribed our names as witnesses at St. John's in the Island of Newfoundland this Twenty first Page Sixteen day of September in the year of our Lord Eighteen hundred & fifty.
Signed Nathaniel Munden LS
Signed Wm. Freeman ) Witnesses. Robert Brown )
Supreme Court Newfoundland ) St. John’s ) To Wit ) Isaac R McHenry of St. John’s aforesaid Barrister at Law maketh oath and saith that the paper writing hereto annexed is a true copy of the last Will and Testament of Nathaniel Munden. Sworn before me at ) St. John’s aforesaid this ) GRMcHenry LS 11th day of July A.D. ) 1876 ) G.R. Lilly Commr. Affts. Page Seventeen Copy Will of Nathaniel Munden Of Brigus Page Eighteen
In the Supreme Court
In the matter of the Estate of Azariah Percey Munden late Of Brigus, a minor, deceased
We the undersigned parties being interested in the said Estate do hereby assent to the issue of Letters of Administration de bonis non to the said Estate to be granted to Nathan Norman of Brigus aforesaid shipowner Witness Lewis M? Emerson Elizabeth Makinson LS Bertha Alice Norman LS
In the Supreme Court Newfoundland To Wit:Brigus of Brigus aforesaid maketh oath and saith that he was personally present and did see Bertha Alice Norman of Brigus aforesaid spinster duly sign the foregoing paper writing or consent.
Sworn before me at Brigus )aforesaid this ) day of June A.D. 1876 )
I hereby certify that on this twenty first day of June A.D. 1876 the above named Elizabeth Makinson and Bertha Alice Norman duly signed the above written consent in my presence. Lewis M? Emerson Commissioner Supreme Court Page Nineteen
In the Supreme Court
Newfoundland ) Harbour Grace ) To Wit : ) William Smith of ????? ????? maketh oath and saith that he was personally present and did see Elizabeth Mackinson of Harbour Grace aforesaid wife of George Makinson duly sign the within written paper writing or consent.
Sworn before me at ) ?????? William Smith LS Harbour Grace aforesaid ) this day of ) June A.D. 1876 )
Page Twenty
Supreme Court
In the Estate of Azariah Percey Munden late of Brigus, a minor ____________
Pet’on for Adm on de bonis non
_____________
To be granted to Nathan Norman ____________
Fiat in?????? ???? B R ????? 11 Aug 76 A.J.W. ?????? Proctor Page Twenty-One
Notice Three days from the date hereof I will apply to the Honourable the Supreme Court for Administration
Azariah Percey Munden Granted to Nathan Norman ofBrigus. Alex J W ??? Proctor for Applicant
St. John’s June 9 1876 G? J? W? Actg. CC & Reg
Page twenty-two
Certificate
I 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 Thereto has been filed or entered. Dated at St. John’s this 11th day of July Anno Domini 1876 G? J? Wood Actg. CC & Reg.
Page Twenty-three (A pre-printed template with info filled in as required)
Supreme Court of Newfoundland
BE IT REMEMBERED, That on this Twentieth day of
September in the the Reign of our Sovereign Lady Voctoria, 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 Seventy______Six ___________ personally appeared Nathan Norman of Brigus in the Northern District Ship Owner____________________Azariah Munden of Brigus ?????? and ________________________________ William ???? of Brigus aforesaid ________________________________ and did acknowledge themselves to beheld and firmly bound to our said Lady the Queen, her Heirs and Successors, in the penal Sum of Eight Thousand _________________________________________________ Dollars, to be had, made, and levied on their Goods, Chattels and Effects, jointlyand severally, if Default is made in any of the conditions following:
NOW THE CONDITION OF THIS OBLIGATION IS SUCH, That if the bounden Nathan Norman as Administrator of de bonis non of the Estate and Effects of (de bonis non inserted)_____________________________________Azariah Percey Munden late of Brigus aforesaid, a minor __________________________________________ 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 __________Nathan Norman __________________________________________________________ as such Adminstrator 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 31st day of
December
the Goods, Chattels, Credits and Effects of the said deceased, at the time of his death or which at any time afterwards shall come to the hands or possession of him the said Nathan Norman ______________________________________ ___________________________________________________________________ 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 31st. day of Decr. which will be in the Year of our Lord One Thousand Eight Hundred and Seventy Seven 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 a due course of Administration, or in such a manner as the said Court shall direct ; then this obloigation to be void and of no effect, or else to be and remain in full force and virtue.
Signed and Sealed Nathan Norman LS in the presence of
??????? Azariah Munden LS
William A Green LS
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