James Foley
          1885

Estate of James Foley 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 James Foley late of Saint John's 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 James Foley Farmer ------- deceased, and of which he died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of Twelve hundred and fifty -------------------------------- Dollars

So help you GOD.

SWORN before me, at St. John's }
This Twenty fourth day                }                    William Nugent
of January A. D., 1885 ly(?)        }
P.G. Neuson(?)
Commissioner of Affidavits, Supreme Court.

1885

Estate of James Foley
late of St. John's
in the Central District
Farmer deceased

Dated 26^th day of January 1885
--------------------------------------

Probate Granted to William
Nugent of St. John's Farmer
The Executor
_______________________
----------------------------------

Estate sworn under $1250⁰⁰/100

In the name of God. Amen.
I James Foley of St. John's in the Island of Newfoundland Farmer do make publish and declare this as and for my last will and testament.
First - I direct that all my just and lawful debts funeral and testamentary expenses shall be paid.
Second - I give devise and bequeath all that farm land and premises with the buildings and erections Thereon ^{Situate on the West side of the Portugal Cove Road and now occupied by me} and all the live stock farming stock ----- implements of husbandry, household goods chattles and effects on in or about The said farm land premises and buildings to my beloved wife Catherine Foley for her sole use and benefit during her life.
Third - I direct that after the death of my said wife or after my own death should I survive her my said farm land and premises with the buildings and erections Thereon shall be equally divided between my Two sons James and John each of whom shall have and hold his separate half of the said farm land ---- premises and dwelling house for his life and in the event of the death of either of them, unmarried or without leaving wife or child him surviving then the survivors of them shall have the whole farm and premises for his own absolute use and benefit but in case both my said sons should marry and die leaving issue h surviving Then the fathers share of the said farm and premises shall become and be the absolute property of such child or children as he shall by any will or other writing appoint. Fourth - All such live stock farming stock implements of husbandry household goods chattles and effects as may be on or about the said farm land premises or buildings after the decease of my said wife I give devise and bequeath to
my

Page 2

My said Sons James and John in equal proportions between them. Lastly I do hereby nominate and appoint my friend and neighbor William Nugent ^{of St. John's} Farmer as Executor of this my will and do hereby revoke and declare null and void all former and other wills by me made. Witness my hand at St Johns aforesaid this fourteenth day of September Anno Domini 1872

Signed published and declare by          }          James his X mark Foley
the said Testator as and for his              }
last will and testament on the day         }
of the date thereof in the presence        }
of us who at his request in his               }
presence and in the presence of            }
each other have hereto put our             }
names as Witnesses. The same              }
having been first read over to and        }
explained to the said Testator and        }
he having expressed his approval         }
Thereof - the Words "of St Johns" being
interlined on this page and also the words
"Situate on the West side of the Portugal Cove
road and now occupied by me" being
interlined on the first page.

          Willia Nugent
          Robert I. Kent
          -----------------

Will of James Foley

To the Honorable The Supreme Court of
Newfoundland or any one of the Honorable
The Judges Thereof -

The Petition of William Nugent of St John's in the said Island Farmer

Humbly Showeth

That James Foley formerly of St John's aforesaid Farmer died (at same place on or) about the­­­­______ day of January Anno Domini One thousand eight hundred and Seventy four having (last) made and executed his last will and testament as hereto annexed. That said will has been duly proved in (common) form. That said deceased died possessed of property situate within the Jurisdiction of this honorable Court of the probable value of about twelve hundred dollars that he left him surviving his widow Catherine Foley and two sons James and John that the said Catherine Foley and John Foley have both died since the death of the said Testator. the said John Foley died unmarried and the said James Foley son of the said Testator is now the only surviving member of his family. That as probate in administration to the Estate of the said Testator has been hitherto granted. That in and by his said last will and testament he nominated and appointed your petitioner as Executor Thereof. Petitioner therefore prays that probate of the said will may be granted unto him and as in duty bound he will ever pray &c &c &c
Dated at St Johns the twenty fourth day of January A.D. 1885          Willia Nugent
Robert J. Kent
Proctor for Petitioner.
(Note: Words within brackets are from memory of transcribing previous documents.)

Supreme Court
Probate Side

In the matter of the will of }
James Foley                      }
late of St John's Farmer deceased }
          I William Nugent of St Johns do make oath and Say that I am the petitioner in the foregoing petition in the matter named and that the several matters and things in the said petition set forth are just correct and true.                    William Nuget
Sworn before me at St Johns this  }
24^th day of January                       }
Anno Domini 1885                       }
Geo I Adams
Commr
---------

1885

Sup. Ct
Probate Side
Estate Jas. Foley late
of Portugal Cove road farmer
deceased
------

Petition for Probate
------

Fiat for Probate
Jany 24/85
J.I. Little
A.J.

ST. JOHN'S }
TO WIT       }                                        SUPREME COURTOF NEWFOUNDLAND.

                              William Nugent
of St John's aforesaid Farmer ---------------------------- maketh oath and saith that on the Fourteenth day of September A.D. one thousand eight hundred and Eighty Seventy two at St. John's aforesaid 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 Robert J. Kent ----------------------------------- --------------------------------------------------------------------------------------------------------------------- the other subscribing witness thereto. That Deponent and said ------------------- Robert J Kent --------------------------------------------------------------- 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------- Robert J. Kent------------------------------------------------------------------------ and that 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 16^th           }
day of March                              }                    Willia Nugent
A.D. One Thousand Eight Hun-  }
dred nd Eighty one                     }
          F.(?) J. Wood
          ------------------
          Commissioner.