Elizabeth Mitchell
          1885

Estate of Elizabeth Mitchell 1885
From LDS Microfilm #2057177.

To the Honourable the Supreme Court in Circuit at Harbor Grace

          The Petition of Michael Scully of Harbor Grace

Humbly Sheweth

          That Elizabeth Mitchell of Harbor Grace Widow of the late John Mitchell of that place died at Harbor Grace in the month of--------last past having first made her last Will and Testament which is hereunto annexed marked 'A' proved upon the oath of Denis Butler one of the subscribing witnesses to the same.
          That deceased left no next of Kin in this country
          That under and by virtue of the said Will Your Petitioner has been appointed the Executor thereof
          That neither Probate of the said Will nor Administration to the Estate and Effects of deceased has as yet been granted to any one.
          Your Petitioner Therefore prays that Probate of the annexed Will of the deceased may be granted to him
          And as in duty bound he will ever pray
          Harbor Grace November 5 1885

Michael Scully.

Supreme Court on
Circuit
Newfoundland

Harbor Grace  }
S.S                  }
Michael Scully of Harbor Grace maketh oath and saith that he is the person named in the foregoing Petition and that the contents of the said Petition are correct and true to the best of this deponent's Judgment Knowledge and belief
Sworn before at Harbor Grace   }
aforesaid this 5^th day                  }                    Michael Scully
of November AD 1885                }
Geo. J. Adams                           }
Commr

Supreme Court on Circuit
Harbor Grace

In the matter of the Will
and Estate of
Elizabeth Mitchell
late of Harbor Grace

Order granted

Filed Nov. 5^th 1885
--------------------------------

'A'

This is the last will and testament of me, Elizabeth Mitchell wife of the late John Mitchell (Cabinet -maker) of Harbor Grace being of sound disposing mind memory and understanding
First I give devise and bequeath unto my sisters Eliza Norris and Ellen Lovett share and share a certain property in England consisting of an orchard with a Coach house and Stable erected thereon situate in Yeovil Somersetshire England
Also I give devise and bequeath unto my sister Georgina Doggrell a dwell-ing house situate in Endless Street, Salis-bury England aforesaid.
Also I give devise and bequeath unto my niece Mary Ellen Walsh wife of Edward M. Walsh (tinsmith) of Harbor aforesaid my dwelling house situate on Ridleys Bench Harbor Grace aforesaid together with all my household furniture and all said dwelling house contains
Also I give and bequeath unto the said Mary Ellen Walsh my gold Watch and chain
Also I give and bequeath unto my niece Mary Ellen Walsh aforesaid the sum of four hundred dollars ($400.)
Also I give and bequeath the sum of four hundred dollars ($400) towards the erection of the Roman Catholic Church at the River Head of

Page 2

Harbor Grace, this bequest to be paid to the Right Rev. R. Macdonald Bishop of Harbor Grace as soon as possible after my death soliciting the privilege of having the altar in said church dedicated to my patron saint (St Elizabeth)
Also I give and bequeath unto Rev. Felix M^cCarthy of Harbor Grace the sum of four hundred dollars, requesting one "Missa 'de requiem" every year during during his natural life for the repose of my soul and that of my husband the late John Mitchell
Lastly I appoint Michael Scully teacher sole executor to this my last Will and testament
In witness whereof I have hereunto set and Subscribed my hand and seal at Harbor Grace aforesaid this Fifteenth day of October eighteen hundred and eighty five.
Signed sealed and declared
by the said testatrix as and                                        Elizabeth her X mark Mitchell
for her last will and tes -
tament in the presence of
us who at her request and
in her presence and in the
presence of each other
have subscribed our names
as witnesses heretunto
Mchl Scully
Denis Butler

Newfoundland                                                            Supreme Court on Cir
Harbor Grace                                                             Harbor Grace
to wit          }
          Denis Butler of Harbor Grace Carpenter maketh oath and saith that he was present on the day of the date thereof and did see Elizabeth Mitchell the person whose name is affixed to the paper-writing written on the foregoing pages and marked 'A' duly sign publish and declare the same as and for her last Will and Testament in the presence as well of this deponent as of Michael Scully the other subscribing witness to the same And that immediately after the said Elizabeth Mitchell had so signed her said Will as aforesaid this deponent and the said Michael Scully then and there in the presence of the said Elizabeth Mitchell and in the presence of Each other duly signed their names as Witnesses to the due execution of the said Will And this deponent further saith that the said Testator Elizabeth Mitchell at the time of so signing publishing and declaring her last Will and Testament as aforesaid was of sound mind memory and understanding to the best of this deponents judgment Knowledge and belief
Sworn before me at Harbor   }                              Denis Butler
Grace this 5^th day                  }
of November AD 1885          }
Geo. J. Adams
Comm^r

NEWFOUNDLAND,  }
In the Supreme Court. }

AFFIDAVIT.
---------

You shall swear that you believe this to be the true last Will and Testament of Elizabeth Mitchell late of Harbor Grace in the Northern District 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 Elizabeth Mitchell 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 Two thousand ------------------ dollars.

So help you GOD.

Sworn before me, at St. John's,^{Harbor Grace}          }
this 5^th day of                                                          }                    Michael Scully
November A.D. 1885 by the said Michael Scully   }
Geo J Adams
Commissioner of Affidavits, Supreme Court.

1885
======

Estate of Elizabeth Mitchell
late of Harbor Grace
in the Northern District
widow deceased

Signed Nov 6^th, 1885

Probate granted to
Michael Scully of
Harbor Grace the
Executor named in
Will

Estate sworn under
                    $2000.