Source: Surrogate Court Records of York County, Genealogical Society, Utah, Reel #990/#4559, Archives Of Ontario, 77 Grenville St., Toronto, ON, GS 1.
"Into the Surrogate Court of the County of York
The petition of Anne Menary of the Townslands of Drumkirk in the County of Armagh in Ireland.
Humbly Sheweth: That John Menary late of the Townland of Drumkirk in the County
of Armagh in Ireland deceased died on or about the ---- day of November one
thousand eight hundred and sixty -eight at the said Townland of Drumkirk and
that the said deceased at the time of his death had his fixed place of abode
at the said Townland of Drumkirk.
That the said deceased in his lifetime made his last Will and Testament bearing
date the Fourteenth day of September one thousand eight hundred and sixty eight.
That Joseph Menary and Joseph Foster the executors appoointed by the said Willa
re both now deceased.
That the value of the personal estate and effects of the said deceased which
he in any way died possessed of or entitled to and for and in respect towhich
Letters of Administration with the Will annexed is to be granted are of or about
the value of two h undred dollars; to the best of your petitioners knowledge
and belief.
Wherefore your petitioner prays that Letters of administration with the Will
annexed of the said deceased may be granted to her by this Honorable Court.
Dated this _____ day of April A.D. 1883
Name illegible
Amy's note: a number of exhibits are included in this probate.
Will:
In the name of God Amen this 14th day of September one thousand eight hundred
and sixty-eight I John Menary of the Townsland of Drumkirk being sick and weake
of body but of perfect mind and memory thanks be given unto God. Therefore calling
into mind the mortality of my body, knowing it is appointed for all men once
to die, do make ordain this my last Will and Testament that is to say principally
and first of all I give and recommend my soul into the hands of God that gave
it and my body I recomend to the earth to be buried in decent Christian burial
at the discreation of my executors nothing doubting but at the general, resurection
I shall received the same again by the mighty power of God. And as touching
such worldly estate in which it hath pleased God to bless me in this life I
give devise and dispose of the same in the following manner and form
First I give and bequeath to my dearly beloved son Joseph Menary all that I
now possess or may hereafter may be known to possess with praying to my son
Andrew two shillings and six pence to each of my sons in laws two and six pence
to each of my daughters two and six pence to each of my daughters in laws two
and six pence to be paid by executors. Joseph Menary and Joseph Foster I constitute
make and ordain to be sole excutors of this my last Will and Testament leaving
all other Wills and bequeaths and legacies void, ratifying this to be my last
will and Testament. Given under my hand and sale the day and years first above
writte in presence of us the subscribers
Signed and sale of (sgd) John x (his mark) Menary (L.S.)
William Dewoody(sd)
George Dewoody(sd)
Anne Menary's petition In the Surrogate Court of the County of York In the Goods of John Menary deceased
I Anne Menary of the Townsland of Drumkirk in the County of Armagh in Ireland,
Widow make oath and say:
1. That I am the daughter in law of the said John Menary deceased and I am the
party applying for the grant of letters of administration with the Will annexed
of the said John Menary deceased.
2. That said deceased died on or about the ---- day of November one thousand
eight hundred and sixty eight at the said Townland of Drumkirk.
3. That the said deceased at the time of his death had his fixed place of abode
at the said Townland of Drumkirk
4. That I believe this paper writing of which a true copy is hereto annexed
and marked "A" contains the true and original last Will and Testament of said
John Menary late of the Townland of Drumkirk
5. That I will faithfully administer the personal estate and effects of the
said testator, by paying his just debts, and the legacies contained in his Will
far as the same will therunto extend, and the law will bind me; and that I will
exhibit a true and perfect inventory of all and singular the personal estate
and effects, rights and credits of the testator and under a just and full account
of my administation whenever required by law so to do.
6. That the personal estate and effects of the said John Menary deceased which
he in anyway did possessed of or entitled to and on or in respect of which the
said letters of administration, with the will annexed are asked to be granted,
are of the value of two hundred dollars and no more and consist of a legacy
of two hundred dollars under the Will afore Joseph Menary late of the Township
of Euphrasia in the County of Grey and Province of Ontario deceased and the
said John Menary was not seized possessed of or entitled to at law or in Equity
any real estate or property at the time of his death and the value of his whole
estate real and personal does not exceed two hundred dollars to the best of
my knowledge and belief.
Sworn before me at Newry in the County of Down in Ireland this 13th day of April A.D. 1882 J. Hunter Moore Notary Public Newry, Ireland
Anne Menary (real signature)
Seal is attached. ----------------------------