NL GENWEB

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

Brigus

To 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 St. Johnís, the 20th day of

September in the Year of our Lord One Thousand                    Nathan Norman LS

 Eight Hundred and Seventy 04.        

Unknown signature

 Commissioner 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. Johnís, gentleman Elizabeth married

To your Petitioner and since deceased

Caroline married to the Reverend

Thomas Harris of St. Johnís 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 Perceyís 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. Johnís :        )

                       Nathan Norman

of Brigus but at present of

St. Johnís 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. Johnís 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.
It is my will that the vessels "Jane

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.
I give and bequeath unto my

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 by my Executors

on her being married or on the death

of my wife whichever shall first

happen.
I give and bequeath unto my

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.
I give and bequeath unto my Grand

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 and bequeath un  to

my grandson William Bearnes a large

picture and frame being a likeness

of himself in oil colours.
I give unto my daughter Caroline

Munden the Piano Forte at present

in my house in Brigus.
I give to my son Azariah Percey Munden

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.
I give and devise to unto my son

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.
I give and devise unto my daughter

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.
I give and devise unto my daughter

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.
My Pew in the Wesleyan Chapel Brigus

I leave for the use of my wife and

unmarried children and after their her

demise decease I give and devise the same

unto my son Azariah Percey Munden.

My daughters to have the right of

sitting there as long as they remain unmarried.
The piece of Burrying ground in the

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.
It is my will that the mortgage of Eight

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.
The house and grounds in Brigus

given to my daughter Ann upon her

marriage must be considered as

an equivalent to what is now willed to

her other sisters.
It is my will that the interest on all the

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 the my Estate

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

this my last will and testament To carry this my last Will and Testament (interlined)

into effect and I hereby revoke all

further former and other wills by me at any

time hereinbefore heretofore made and declare

this only to be my last Will and

Testament.  For the trouble and time

in xxxxxx executing which I give and

bequeath to Each of my said Executors

Twenty five pounds each.
Signed sealed published and declared

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. Johnís         )

                        To Wit )      Isaac R McHenry of St. Johnís

                        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. Johnís 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

____________

 

Petíon 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

to be granted to the Estate of

Azariah Percey Munden an

Granted to Nathan Norman of

Brigus.              Alex J W ???

                                    Proctor for Applicant

 

St. Johnís 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. Johnís 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 Thirty Fortieth_______________________________Year of

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, jointly

and 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  next  1877

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 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

 

©  GEOFF MARTIN and NL GenWeb

CONCEPTION BAY NORTH  INDEX