The Estate of William Barry of Caplin Bay

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The following information, taken from the original Newfoundland Supreme Court records for St. John's, was transcribed from an online microfilm collection labelled "Estate files, 1824-1930; index to estate files, 1830-1996", posted on www.familysearch.org. The specific images transcribed here (544 to 553) are part of an 1139 image microfilm roll, specifically labelled as "Estate files 1857, D - W & Estate files 1858, A - P, Film #2056750 - DGS #8123978". The originals were filmed in October 1996 at the Court House, St. John's, Newfoundland by the Genealogical Society, Salt Lake City, Utah. These images equate to the original Volume 3, Year 1858, Foilo No. 832.

[Image 544]

Barry, William - 1858

[Image 545]

Supreme Court of Newfoundland



Saint John's}
           To Wit}
                                 I   do swear that   I   believe     William Barry
                                 late     of     Caplin     Bay   in       the
                                 Southern     District,     Fisherman

                                 deceased, died without 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 Administration into the Registry of the said Court,
                                 within twelve months from the date hereof, or when
                                 I shall be hereunto 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, accord-
                                 ing to the best of my knowledge, judgement, and belief, amount to the
                                 value of Eighty Pounds sterling.
 
Sworn at St. John's                                                  his
the 2nd day of                                             Michael X Barry
June
in the Year of                                                  mark
our Lord One Thousand Eight
Hundred and Fifty Eight

(having been read
and explained)

                  Geo. Anderson
                  Comm'r. of Affi[davit]s

[Image 546]

1858

Estate of William
Barry of Caplin
Bay, Fisherman
Admon granted
June 2, 1858 to
Mich'l Barry of
Caplin Bay,
Fisherman.

Estate £80
Ent'd P.R.
Vol. 3 - P. 352

[Image 547]

Supreme Court of Newfoundland



Be it remembered,      That on this                Second               day of
                  June      in the      twenty first      Year of
                 the Reign of our Sovereign Lady VICTORIA, 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 Fifty Eight
                 personally appeared Michael Barry, Fisherman
                 and John Swain Fisherman both
                 of Caplin Bay in the Southern District
                 and John White of Ferryland
                 Planter, -------------------------------

                 and did acknowledge themselves to be held and firmly bound to our said Lady the
                 Queen, Her Heirs and Successors, in the penal Sum of one
                 hundred and sixty

                 Pounds of good and lawful Money of Great Britain, 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 above bounden

Michael Barry as Administrator of the Estate and Effects of
William Barry late of
Caplin Bay aforesaid Fisherman now
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, pos-
session, or knowledge of him the said Michael Barry

as such, Administrator 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 last day of May
next ensuing the date hereof; and the said Goods, Chattels, Credits, and Effects, and all other the
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 Michael Barry

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, cause to be made, a just and true
Account of his said Administration, on or before the last
day of May which will be in the Year of our Lord One Thousand Eight
Hundred and Fifty Nine and afterward from time to time as he shall
be lawfully required. And all the rest, residue, and remainder of the said Goods, Chattells, 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 obligation to be void and
of no effect, or else to be and remain in full force and virtue.
 
Signed and sealed}                                                          his
in the presence of}                                            Michael X Barry
                                                                                               mark
(having been read                                                            his
and explained}                                                        John X Swain
                                                                                               mark
                                                                                           John White
Geo. Anderson

[Image 548]
 
  To the Honorable Francis Brady
Chief Justice and The
Honourable The Assistant Jus-
tices of the Supreme Court
of Newfoundland.
The Petition of Michael Barry of
Caplin Bay Southern District
humbly showeth
That your Petitioner's
Uncle William Barry late of
Caplin Bay aforesaid departed this life
on the twenty fourth day of May Instant
Intestate. That the deceased never was
married: That he left him Surviving
as his next of kin your Petitioner and
his two sisters Bridget married to
Thomas Meagher and Julia widow of
Thomas Ryan. That Petitioner is
not aware of the deceased having
left any other Relatives except Petitioner
and his said sisters. That Petitioner's
said sisters are asking that he
should take out administration to the
Estate of the said William Barry
That the said William Barry died
possessed

[Image 549]
 
possessed of Real Estate to about the
valve of Twelve pounds and expenses?
to about Seventy pounds in the hands of
Ewan Stabb Esquire.
That Petitioner defrayed the
Funeral Expenses of his said uncle.
Petitioner therefore prays that your
Lordship will be pleased to grant
him letters of Administration to the
Estate and effects of the said William
Barry giving the neccessary Security
and so in duty bound will ever pray.

                                                            his
                                            Michael X Barry
                                                         mark
  In the Intestate Estate - Supreme Court
of William Barry deceased.

St. John's} Michael Barry of Caplin
Court}         Bay Fisherman the
within Petition maketh oath and
saith that the Contents of the
within Petition are true to the
best of Deponent's Knowledge and
belief.

Sworn before me at St. John's}                          his
this 29th day of May}                               Michael X Barry
AD 1858}                                                                     mark

Geo. Anderson
Comm'r. of Affi[davit]s

[Images 550 and 551]
These two images show the same page, however, one image is somewhat larger than the other.
S[upreme] C[ourt]
Est. of Will. Barry
deceased
Petition of Michael
Barry for Adm.

Filed May 29, 1858
Fiat
Francis Brady
C[hief] J[ustice]
On this page, some additional information is written perpendicular to the information recorded above. Although the petition was granted on June 2, 1858, the Chief Justice may have directed that an additonal affidavit should be sworn. It was signed by other relatives of the late William Barry on June 17, 1858. (See image 552.)
2 June 1858
Bridget Barry wife of William Barry [Jr.] - a brother's son of dec'd
Mary Barry widow of Robert - brother of William [Jr.]

[Image 552]
 
In the matter of the
Estate of William Barry
late of Caplin Bay
Planter Deceased.

St. John's}
       To wit}


      Bridget Barry of St. John's
in the Central District wife of
William Barry Fisherman (at present
engaged in prosecuting the fishery)
maketh oath and saith that
her present husband, William
Barry is a nephew of said
Deceased being the son of Patrick
Barry Brother of deceased.
Mary Barry widow of John
Barry and Mary Barry widow
of Robert Barry severally make
oath and say that their deceased
Husbands were sons of the
said Patrick Barry, Brother of
William Barry deceased, and
and these Deponents further say
that they both have children
still surviving by the said
John Barry and Robert Barry.
 
                                                                           her
Sworn to before me at}              Bridget X Barry
St. John's this seventeenth day}         mark
of June AD 1858. (being                          her
first read and explained)              Mary X Barry
                                                                         mark
                                                                           her
                                                                 Mary X Barry
                                                                          mark
Geo. Anderson
Comm'r. of Affi[davit]s

[Image 553]
Sup. Court
June Term
1858.
In the matter
of the Estate of
Wm Barry dec'd

Affidavit of}
relatives of}
   deceased.}
Filed June 12, 1858

 

Transcriber's Notes:
1/ Layout, wording and punctuation as per original document except for some additional punctuation inserted to clarify ambiguous wording in the long sentences typical of that era.

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