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Estate of Wm Howell Sept 1 1854 Fiat
To The Petition of Mary Howell of Carbonear widow of William Howell late of Carbonear Planter Humbly Sheweth That William Howell your Petitioners late husband departed this life in the month of June 1851 leaving a will without appointing Executors or Executrix; and leaving him surviving the following issue jrs:
This deponent Mary Howell within named maketh oath and saeth that the several matters and things stated and set forth to the within petition are just and true to the best of this deponents knowledge and belief.
In the name of God Amen. I William Howell of Carbonear Planter and Carpenter thro' the blessing of Almighty God being of sound mind and memory tho weak in body do make this my last will and testament and desire it may be received by all concerned as such I give and bequeath to my wife Mary all my Rooms Goods Chattels and effects to her own and proper use during her natural life that she is to receive the rents arising from the property leased to Messrs. W. Bemister& C. And that to Mr. John Michales to be disposed of as she may think fit for her support and maintenance the household goods and furniture also and after her decease the Room Land and property to be equally divided between my sons with the following exception my son Albert is to have the dwelling house furniture and front garden and should either of my sons be disposed to part with their lot share or proportion of room or property they are at liberty to do so but to their brothers only The foregoing being my last will and testament and that it is my wish it be carried into effect after all my lawful debts are paid Commending myself to Almighty God. Dated at Carbonear Nfland this seventh day June one thousand eight hundred and fifty one.
And I wish it to be further understood that W. W. Bemister is to have the preference of the occupancy of my waterside premises on rent as may be agreed on when unoccupied by any of the family. Seventh day June on thousand eight hundred and fifty one.
I hereby certify that the execution of the annexed will by William Howell the Testator party thereby was proving before myself on this Thirty first day of August one thousand eight hundred and fifty four by the Affidavit consent thereby of James Bennett of the witnesses thereto ask that signed and correct copy thereof ? this same day individually been legislated by me in the Nineteenth volume at page 109 of the Registry of Deeds for the Northern District of Newfoundland. Given under my hand at the Registrar of Deeds office courthouse Harbor Grace this Twenty first day of August one thousand eight hundred and fifty four A.D. 1854 Whm St. Mc? (Signature) This deponent James Bennett of Carbonear Master Blacksmith maketh oath and saeth that he testifies he was present and actually saw William Howell deceased ?much to and deliver the annexed ? ? working as ? for his last will and testament on the day of the date thereof at which time the ? ? was read out and explained in the said testament his reasons and in the hearing of this deponent ? ? ? also the said Testator was of sound mind and memory and of perfect an understanding about the will also this deponent together with Samuel Bennett ? their names ? as witnesses attesting to the due execution thereof. Sworn at Harbor Grace James Bennett Whm St. M ? (Signature) No. 3283 Whm St. M? (Sigature) (Signature)
1854 Estate of William Estate £150 E.M.P.R.
Supreme Court of Newfoundland
Supreme Court of Newfoundland Be it Remembered, That on this Twenty first day of August in the Eighteenth 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 four personally appeared Mary Howell of Carbonear widow of William Howell late of Carbonear Planter and James Bennett of Carbonear Master Blacksmith and did acknowledge themselves to be held and firmly bound to our Sovereign and the Queens Heirs and Successors, in the penal Sum of Three hundred 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 Mary Howell as Administrator of the Estate and Effects of William Howell foresaid ?the will annexed late of Carbonear Planter 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 her the said Mary Howell as such Administratrix or to the hands or possession of any other person or persons, for her and the same so made do exhibit, or cause to be exhibited, in the Supreme Court of Newfoundland, at or before the Twenty First day of February next 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 her the said Mary Howell or to the hands or possession of any other person or persons for her shall well and truly administer according to Law, and further shall make, or cause to made, a just and true Account of her said Administration, on or before the Twenty first day of August which will be in the Year of our Lord One Thousand Eight Hundred and Fifty five and afterwards from time to time as she 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 manner as the said Court shall direct; then this Obligation to be void and no effect, or else to be and remain in full force and virtue.
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Page Contributed by Don Howell & transcribed by Lenora Furey
Page Revised by Ivy F. Benoit (Sunday May 07, 2017)
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