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Miscellaneous Deeds, Grants, Petitions & Wills
(D)
John Dwyer

 

John Dwyer
          1885

Estate of John Dwyer 1885
From LDS Microfilm #2057177

 

Newfoundland            }
In the Supreme Court }

AFFIDAVIT.
--------

You shall swear that you believe this to be the true last Will and Testament of John Dwyer late of Saint Johns in the Central District of the Island of Newfoundland Farmer deceased.

You shall swear that you will pay all the Debts and Legacies of the Deceased, so far as the Goods shall extend and the Law shall bind you; and that you will exhibit a true, full, and perfect Inventory of all and every the Goods, Rights and Credits of the deceased, together with a just and true account into the Registry of the Supreme Court of Newfoundland, when you shall be lawfully called thereto: And you shall further swear that the whole of the Goods, Rights, Chattels, Assets, Credits and Effects of the said John Dwyer ---------------------------------- deceased, and of which he died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of Fourteen hundred--------------------------Dollars.

So help you GOD.

SWORN before me, at St. John's, }
this 29th                                        }                    John Dwyer
April   A.D., 18                             }
Otto EmerSon
Commissioner of Affidavits, Supreme Court.

 

 

1885
Estate of John Dwyer
late of Saint Johns
in the Central District
Farmer deceased

Dated April 29th 1885
-----------------------------

Probate granted to
John Dwyer of Saint
Johns Farmer the
Executor
----------------------------

Estate sw under $1400.00/100

 

 

I hereby certify that the notice on the other side hereof written was duly posted in my office on the day of the date thereof and has remained there until this day - and that no caveat or other objection has been Entered thereto.
April 18th 1885

Otto Emerson
Asst Clk.
------------

 

 

Notice

After three days application will be made to the Honorable the --- Supreme Court for probate to the Will of the late John Dwyer - of Saint John's Farmer deceased - to be granted to John Dwyer son of said deceased Executor therein - named -
_______
GIA
          April 9/85                    Hugh H. Carter
                                               Proctor -

 

 

Newfoundland
          ST. JOHN'S }
          TO WIT       }                    SUPREME COURT OF NEWFOUNDLAND.

Hugh Hoyle Carter ----------------------------------- of Saint John's aforesaid Barrister at Law maketh oath and saith that on the Tenth day of January A. D. one thousand eight hundred and eighty five at Saint Johns aforesaid he, this Deponent, was present and did see John Dwyer ---------- late of St John's Farmer the Testator named in the paper writing hereunto annexed duly sign (by making his mark) publish and declare the said annexed paper writing as and for his last Will and Testament, in the presence of this Deponent and of Patrick Kelly of St John's aforesaid Tailor ----------------------------------------------------------------------------- the other subscribing witness thereto. That Deponent and said Patrick Kelly ----------------------------------- then signed their names to such Will as such witnesses, in the presence of the said Testator and of each other---That previously to the said Will being so signed as aforesaid, by the said Testator and the said witnesses, it was read over to, and approved of by the said Testator in the presence of Deponent and the said Patrick Kelly------------ and at the time of the said execution of the said Will the said Testator was of sound and disposing mind, memory and understanding, to the best of Deponent's knowledge and belief.

SWORN BEFORE ME at St.    }
          John's aforesaid, this 21st }          Hugh H. Carter
          day of January                  }                    -------
A. D. One Thousand Eight         }
Hundred and Eighty five             }
          Geo. I. Adams
          Commissioner.

 

 

This is the last Will and Testament of me John Dwyer of Saint John's in the Island of Newfoundland - Farmer - I hereby revoke all Wills by me heretofore made - I appoint my son John Dwyer of Saint John's aforesaid to be the Sole Executor of this my last Will and Testament and direct that all my just debts and funeral and testamentary Expenses be paid as soon as conviently may be after my decease - I give devise and bequeath unto my wife Bridget Dwyer during her life time all property of which I may die possessed whether real or personal and after her death I give devise and bequeath the said property to my said son John Dwyer his heirs and assigns provided that my daughters Margaret and Bridget Dwyer shall be supported by my Said wife during her life time --- and after her death by my said son John Dwyer whilst they remain --- unmarried and reside on the --- property now in my possession and I hereby Charge the said property with the support and maintenance of my said daughters whilst they remain unmarried and reside on the said property --------------------
In Witness whereof I the said John Dwyer have to this my last Will and Testament ----

Page 2

set my hand this tenth -------- day of January Anno Domini one thousand eight hundred and eighty five. ---
Signed by the said Testator
John Dwyer as his last          }
Will and Testament                 }
in the presence of us               }
who at his request in               }          John his X mark Dwyer
his presence and in the            }
presence of each other have    }
hereunto subscribed our          }
names as Witnesses / the          }
Said Will having been             }
first read over and                   }
Explained to the said               }
Testator in our presence)         }

          Hugh H. Carter
          Patrick Kelly

 

 

To the Honorable the ---
Supreme Court or one
of the Honorable Judges
thereof.

The Petition of John Dwyer of Saint John's Farmer

humbly sheweth

                    That your Petitioner's Late Father John Dwyer late of Saint John's aforesaid Farmer died there on the twenty third day of March --------- Last having previously made and executed his Last Will and Testament which is hereto annexed

                    That said deceased in and by his said Will appointed your Petitioner Sole Executor thereof.

                    That said deceased was at the time of his death possessed of property of the probable value of ------ Twelve hundred -------- dollars.

                    That the Said Will has --- been proved in Common form ---

                    That neither Probate nor Administration has been taken out to the Said Estate.

                    Petitioner therefore prays

Page 2

That Your Lordships will be pleased to grant him Probate to the Will of the said deceased.

                    And as in duty bound will ever pray &c

St John's
April 21st - 1885                    John Dwyer

 

 

Newfoundland          }                                                  In the Supreme Court
          St. John's         }
to wit                        } John Dwyer at present of Saint John's Farmer maketh oath and Saith that the Contents of the foregoing Petition are correct and true to the best of Deponent's Knowledge and belief and that he is the Petitioner therein named.

Sworn before me at }
St. John's aforesaid  }                    John Dwyer
this 21st day of        }
April A. D. 1885     }
          Geo I. Adams
          Commr

 

 

1885

Petition for Probate
to the Will of the
Late John Dwyer
of St. John's Farmer
-------

Fiat
FBT Carter
C - J

Hugh H. Carter
Proctor

 

 

Page Transcribed by Josephine Gazley

Page Revised by Ivy F. Benoit (Sunday September 16, 2018)

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