Case File No. 40

Mary Kearney v. Andrew Kearney
13 August 1804
Before Micaiah Malbon, Surrogate and JP

Petitioned that her Husband might be obligated to allow her a maintenance, he having about 15 Months since turned her to Door, since which time she has been supported by her Brother Thos. Kennedy.

Andrew Kearney, Sworn, says he was married to Mary Kennedy now Mary Kearney, but cannot exactly recollect the time, that soon after the Marriage, his Wife behaved very Ill frequently getting drunk and totally neglecting her household affairs, it afterwards appeared that she was with child at the time of her Marriage and at the end of six months was delivered of a Male Child, that he did turn her to door and refused to support her./.

Mary Kearney (Sworn) says she was married to Andrew Kearney by the Romish priest at Trepassey on the 2d. day of November 1802. had been absent from her Husband about 15 Months, since which time she had been supported by her Brother.

Thomas Kennedy, Sworn, says that he his [is] the Brother of Mary Kearney, and has paid or is accountable to pay for her Maintenance since the time she has been absent from her husband about the sum of twelve pounds Sterling.

In Consideration of the fair Character of the Husband, the Court decreed that he should allow her 3/ p. week for her separate Maintenance, and the following Agreement was entered into.

We Michael Kearney and Andrew Kearney of Biscay Bay in the Island of Newfoundland Husbandmen Do hereby agree to pay and allow from the day of the date hereof unto Mary Kearney the lawful Wife of the beforenamed Andrew Kearney the sum of three shillings p week for the Maintenance and support of her the said Mary Kearney And we do further promise and agree that the said sum of three shillings p. week shall be paid weekly and every week during the joint lives of us the said Michael Kearney and Andrew Kearney provided the said Mary Kearney shall so long happen to live, but if and in case it shall be proved to the satisfaction of any Court of Justice that the same [parties] may come before ~ that after the commencement of the said weekly payment that the said Mary Kearney shall have a Child or Children by any other Man, then that the said week[ly] payment shall cease and be void to all intents and purposes whatsoever ~ Witness our hands at the Court house in Trepassey this 13th. day of Augt. 1804.

Signed in the presence
of Mic. Malbon
Joseph Pearce./.
Michael Kearney
The X Mark
Andrew Kearney

Sources: PRL, 340.9 N45, Mary Kearney v. Andrew Kearney, 13 August 1804.