Ellen Fitzgerald
          1885

Estate of Ellen Fitzgerald 1885
From LDS Microfilm #2057177

NEWFOUNDLAND, }
In the Supreme Court  }

A F F I D A V I T.
-------------

You shall swear that you believe this to be the true last Will and Testament of Ellen Fitzgerald late of Fogo in the Northern District of the Island of Newfoundland Widow, 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 Ellen Fitzgerald ----------- deceased, and of which she died pos-sessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of Eight hundred ------------------------------------------------------------- dollars

So help you GOD.

Sworn before me, at St. John's^Fogo}
this 24^th day of                               }
September A. D. 1885 by the          }
said Michael Thos Fitzgerald                                        Michael Thos Fitzgerald
          Geo. I. Adams
Commissioner of Affidavits Supreme Court.

Estate of Ellen Fitzgerald
late of Fogo
in the Northern District
Widow - deceased

Signed September 24/85
---------------

Probate granted to
Michael T. Fitzgerald
of Fogo Planter
Sole Executor named in
the Will

Estate sworn under $800.00

          To
                    The Honorable Robert
                    John Pinsent D. C. L,
                    Presiding Judge of The
                    Supreme Court on Northern
                    Circuit at Fogo -

The Petition of Michael Thomas Fitzgerald of Fogo in the Northern District of Newfoundland Planter -

Humbly Sheweth

          That Ellen Fitzgerald of Fogo aforesaid - Widow - died at Fogo aforesaid on the ninth day of May last (1885) leaving her surviving Four children viz: Michael Thomas Fitzgerald (your Petition) Annie - Clarerice(?) - and Cecelia
          That the said deceased left a Will which has been proven in due form on the affidavit of Jeremiah Dee one of the subscribing witnesses Thereto - which said Will and proof are hereunto annexed marked A and B.
          That the said deceased Ellen Fitzgerald at the time of her decease had a fixed place
                    of

Page 2

of abode within the jurisdiction of this Honorable Court namely at Fogo aforesaid - and left monies and effects of the probable value of Seven Hundred and twenty Dollars -
          That under said Will your Petitioner was appointed Sole Executor. -
          That no Probate or Administration has as yet been taken out to the Estate of said Ellen Fitzgerald - deceased -

          Your Petitioner therefore prays that Probate of the said Will may be granted to him and as in duty bound he will Ever pray ---

Fogo
Sept. 23^rd 1885 -
Michael Thos Fitzgerald

Supreme Court
Newfoundland

Fogo              }
          to wit   }
                    Michael Thomas Fitzgerald of Fogo aforesaid - Planter (the within named Petitioner) maketh oath and saith that the contents of the within Petition are correct and true -

Sworn before          }
me at Fogo              }
aforesaid this           }
Twenty Third           }
day of September    }                    Michael Thos Fitzgerald
A.D. 1885               }

Geo. I. Adams        }
Commr

Supreme Court

In re the Estate
of Ellen Fitzgerald
late of Fogo - Widow -
deceased
-------------

Will - Proff and
Petition
-------------

In the Name of God Amen,

I Ellen Fitzgerald Widow of Fogo in the Island of Newfoundland being through the goodness of Almighty God of Sound Mind and Memory although weak in Body do make and declare this my last Will and Testament.
First, I return my Soul to God who gave it and desire that my Body may be decenly Buried in the Roman Catholic Cemetry in Fogo.
All the money I die possessed of I give and dispose of in the following manner after all my just and lawful debts are paid and discharged,
1^st The Sum of Ten pounds Cy to defray the expences of my Funeral,
2^nd The Sum of Ten pounds Cy to Erect a Headstone at my grave,
3^rd The Sum of Six pounds Cy to be paid for masses for myself and my deceased - Husband Brothers and Sisters ---
4^th The Sum of five pounds Cy to, my Niece Honoria Green
5^th The Sum of Two pounds Cy to my nephew Reginald Fitzgerald to be put at Interest in the savings Bank ---

(over)

Page 2

          6^th The Sum of Ninety Two pounds Cy to my Son Michael Thos Fitzgerald,
          7^th The Sum of Ten pounds Cy to Clarence Fitzgerald,
          8^th Whatever money may be remaining in the union Bank in St Johns Newfoundland, after the foregoing Sums are paid I desire may be shared between my two Daughters Anastatia Fitzgerald and Cecelia Fitzgerald Share and Share alike,
          I likewise appoint my Son Michael Thos Fitzgerald as Executor of this my last Will and Testament revoking and annulling any former Will, In Witness wherof I have hereunto Set my hand and affixed my Seal at Fogo this nineteenth day of April one Thousand Eight Hundred and Eighty five 1885,

Signed Sealed pronounced and          }                    Ellen her X mark Fitzgerald  Seal
declared by the above Ellen              }
Fitzgerald as her last Will and          }
Testament after being first read over  }
and Explained in presence of us who }
in each others presence have hereunto}
Set our hands as Witnesses -               }
          W.B. Fitzgerald
          Jeremiah Dee

Northern District
          Fogo          }                              Supreme Court of Newfoundland.
          TO WIT     }                                                  ------------------

Jeremiah Dee ---------- of Fogo - aforesaid Fisherman Police Constable ------- Ggw maketh oath and saith that on the 19^th day of April A. D. One Thousand Eight Hundred and Eighty-five at ----- Fogo ---------------- he, this Deponent, was present and did see Ellen Fitzgerald ---------- late of Fogo ----- Widow the Testatrix named in the paper writing hereunto annexed duly sign (by making her mark) publish and declare the said annexed paper writing as and for her last Will and Testament, in the presence of this Deponent and of W. B. Fitzgerald --------------------------------------------------------------------------------- the other subscribing witness thereto. That Deponent and said ----- W. B. Fitzgerald ------------------------------------ then signed their names to such Will as such witnesses, in the presence of the said Testatrix and of each other. That previously to the said Will being so signed as aforesaid, by the said Testatrix and the said witnesses, it was read over to and approved of by the said Testatrix in the presence of Deponent and the said W. B. Fitzgerald ---------------------- and that at the time of the said execution of the said Will the said Testatrix was of sound and disposing mind, memory and understanding, to the best of Deponent's knowledge and belief.

Sworn before me, at Fogo,                         }
          aforesaid, this 23^rd day                    }
          of September, A. D.                          }                    Jeremiah Dee
          One Thousand Eight Hundred and    }
          Eighty-five                                        }

Geo. I. Adams
------------------
Commissioner.