Thomas Sears
          1885

Estate of Thomas Sears 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 the Right Reverend Thomas Sears Prefect Apostolic of West Newfoundland 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 New-foundland, 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 Thomas Sears ------------ deceased, and of which he ------- died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of Twenty thousand ------------- Dollars

So help you God.
M. F. Howley
----------------

Sworn before me, at St. John's }
This 19^th day of                        }
December A.D., 1885               }
Prescott Emerson
---------------
Commissioner of Affidavits, Supreme Court.

1885

Estate of Thomas Sears
late of Codroy Valley
in the Southern District
Prefect Apostolic deceased

Dated 19^th day of December 1885

Probate granted to Michael F Howley
D.D.
one of ---------------
the Executor's named in the Will, the
other having died previously

Estate sworn under $20,000

This is the last Will and Testament of me the Right Reverend - Thomas Sears of Codroy Valley West Newfoundland
Firstly I give devise and bequeath unto my Successor in Office appointed by the Holy Apostolic See in Trust for the Roman Catholic Population of S^tGeorge's Prefecture the Church together with the parochial house and land and all other Houses and Erections situate at Sandy Point Bay S^t George Also the piece of land purchased by me at the "Highlands" and bounded on the West by the farm of Roderick M^cDonald and on the East by farms of Widow M^cLellan and family Also a piece of land of about twelve acres more or less purchased^acquired by me from Frank Young Senior and situate between Rattling Brook and Robinson's Head and containing Cemetery fenced in by the Roman Catholic population of that District Also that piece of land situate at Stephenville on which the Church of S^t Stephen is Erected with all houses and other Erections there-on Also all the property acquired by me in the Bay of Islands Codroy Rivers and Channel Known as Church property Also a piece of land on the West side of the pond at the Gravels bounded on the North by land owned and occupied by Philip Hynes Senior and on the South by lands claimed by Thomas Carter on the East by the said Pond and on the West by land taken in and claimed by Paul O'Quinn

Page 2

Also that piece or parcel of Land which I purchased from Leon White of Stephenville Also another piece adjoining purchased by me from John March of same place and containing about twenty acres more or less and bounded as follows On the North by land claimed by Patrick White on the west by an Estuary of the River Blanche and by the shores of Bay S^t George on the South by unclaimed lands and on the East by the Waters of the Indian Lake or Indian Head Lake as it is called Also that piece of land purchased by me from Constance Benoit on the North Side of Indian Pond and containing about nineteen Acres more or less Also that piece of land purchased by me from M^rs Mary March and situate at Barry (or Berry) Head and bounded on the West by land occupied by Widow Gillis and on the East by land occupied by Frank Jacques Also all those three pieces or parcels of land situate on the North Side of the Bay S^t George bounded on the West by John Benoits land on the East by land occupied by Gabriel LeBlanc and family and purchased by me from George Benoit, Placide Chesson, and Silver O'Quinn and containing about One hundred and twenty acres more or less Secondly I give devise and bequeath to my beloved Sister Eleonora Sears (who has faithfully adhered to and followed me in my labours and vicissitudes for a number of years that piece or parcel of land owned by

Page 3

me in what is called Harry's Brook in the Main River or Gut consisting of a small Island and portions of a larger one in the mouth of the said Brook or River containing about three acres more or less Also my pianoforte and all my household furniture of which I may die possessed and such portion or portions of my Library being in the English Language which she may deem needful and necessary for her personal use Also all my live-stock of which I may die possessed such as Cows, Horses, Sheep and Poultry Thirdly I will and bequeath any monies that may be to my Credit in the Union Bank at my decease unto my Successor in Office appointed by the Apostolic See in trust for the Roman Catholic population of S^t Georges Prefecture Fourthly I direct that my testamentary Expenses and all debts which may be due and owing by me to any person or persons at the time of my death shall be paid by my Successor in Office out of the property devised and bequeathed to him in Trust as aforesaid Fifthly I give and bequeath all my theological Books and other works of a theological character to my Successor in Office to be sold or otherwise disposed of according as he may think fit and proper the Value or proceeds thereof to be devoted to Masses for the Repose of my soul Sixthly I bequeath to my sister Elizabeth

Page 4

Cooper (Wine Harbor, Nova Scotia) four volumes of Butler's Lives of the Saints to be had in my Library - I bequeath the sum of Five Pounds and the picture of the Holy Father "LeoXIII" to my niece Honora Sears. I bequeath the sum of Five Pounds and the picture of "Mary Magdalene" to my niece Frances Cooper and I bequeath the sum of Five Pounds and the pictures of 'our Lady" and "The Crucifixion" to my niece Minnie Cooper. I appoint my Friends the Reverend Michael F Howley D D and Mr. Michael Downey Executors of this my last Will and Testament
Codroy Valley October 4^th AD 1882
Signed by the said                   }
Testator in our presence          }
who in the presence of            }
The said Testator and in          }
The presence of Each other    }                              Thomas Sears P. Ap
have subscribed and set           }
our hands as Witnesses            }
Jas W Keating                        }
M.H. Carty                             }
------------------

Last Will and
Testament of
the Right Rev^d
Thomas Sears
P. Ap -----------
==========

Codroy Valley
October 4^th AD 1882
==========

Supreme Court
of Newfoundland

Codroy    }
To wit      }
Joseph P Palmer of Grand River Codroy Roman Catholic Clergyman maketh oath and saith that on the thirteenth day of July one thousand Eight Hundred and Eighty five at Grand River Codroy aforesaid he this deponent was present and did see the Right Reverend Thomas Sears late of Grand River Codroy aforesaid the Testator named in the paper writing hereto annexed duly sign publish and declare the said annexed paper writing as and for a Codicil to his last will and Testament in the presence of this Deponent and of Elizabeth Sears the other subscribing witness thereto. That Deponent and said Elizabeth Sears then and there signed their names to such Codicil as such Witnesses in the presence of the said Testator and of Each other and that at the time of the said Execution of the said Codicil 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 Codroy          }
in the Island aforesaid this             }                              Joseph P. Palmer
ninth day of December AD 1885  }                              -------------------------
John Gillis                                    }
Commissioner of Affidavits           }

Whereas I, Thomas Sears, Prefect Apostolic of West Newfoundland, have made my last will and testament in writing, now I do by this deed which I hereby declare to be a Codicil to my said will, and I hereby revoke the Codicil made by me in the spring of this year and now in the hands of John M<s>c</s>Donald now residing at little river.
Firstly, I give and bequeath to my Successor in Office the sum of £450 currency, now standing in my name at the Union Bank, St John's to be applied by him towards the building of a new plebe house, and I also give and bequeath to him my house and other property Situated at the mouth of the River Codroy called The Gut acquired by me from M^r D.C. Campbell.

Secondly I give and devise to my sister Honora Sears, her heirs and assigns, all that messuage or tenement, Known as my estate in the Grand River, together with all the appurtenances, situated lying upon and being in the said estate, together with all the rest, residue and remainder of my personal estate, goods and chattels, of what Kind and nature so ever, not however those things previously willed away by me.

Thirdly, I leave to my Successor in Office the burden of 600 Masses minus however the number I may have said, or given away at the time of my death, for the repose of the Soul of Mary Campbell, and the welfare of Daniel Campbell

Page 2

In witness whereof I have set my hand, this thirteenth day of July one thousand eight hundred and eighty five Thos Sears P. Ap.
This instrument consisting of two sheets was now here subscribed by Thomas Sears the testator in the presence of each of us, and was at the same time declared by him to be a codicil to be annexed to his last will and testament and we at his request, in his presence and in presence of each other sign our names hereto as attesting witnesses.

Joseph P. Palmer
Grand River Codroy

Elizabeth Sears
Lochaber(?)
Antigrushe(?)

1885
------

Supreme Court
Probate Side
------

In the matter of the
Estate of Right
Rev^d Thos Sears
------

Petition for Probate
---------

Fiat for Probate
De^c 18/85
J.I. Little
A.J.^S.C.

Certificate
---------------------

I hereby certify that the notice on other side hereof written has been duly posted in my office from the day of the date thereof until this date and that no caveat or other objection has been Entered thereto.
          St John's 19^th December 1885 ------
Otto Emerson
A.C.S.C.
--------------

Notice
----------

After three days from date hereof application will be made to the Supreme Court or one of the Honorable the Judges thereof for Probate of the Will of the Right Rev^d Thomas Sears Prefect Apostolic late of Grand River Codroy to be granted to the Reverend Michael F Howley D.D. Executor therein named.
____                    S^t John's December 9^th AD 1885
O.E.                    M.H. Carty
                            Proctor for Executor

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

          The Petition of Michael F Howley of S^t John's Roman Catholic Clergyman,

Humbly Sheweth

That the late Right Reverend Thomas Sears of Codroy Valley Prefect Apostolic of West Newfoundland, departed this life at Stellarton Nova Scotia on or about the Seventh day of November last, having previously made his last Will and Testament, together with a Codicil, both of which have been duly proved and are hereto annexed
That the Said deceased appointed Michael Downey of Codroy Valley aforesaid and your petitioner Executors of his said will
That the Said Michael Downey died at Codroy Valley aforesaid in the month of July last
That the Said deceased was at the time of his death possessed of property of the probable value of Twenty thousand dollars
That no Probate to said Will or Administration to said Estate has been taken out or applied for
Your petitioner therefore prays that probate of the Said Will be granted to him
And as in duty bound he Will Ever pray
S^t John's December 19^th AD 1885

M. F. Howley D.D.

Newfoundland

S^t. John's   }
S S             }

          Michael F Howley of S^t John's aforesaid the foregoing petitioner maketh oath and saith that the contents of the Said petition are correct and true to the best of this deponent's Knowledge and belief.
Sworn before me at            }
S^t John's aforesaid              }
this 19^th day of December }                    M.F. Howley D.D.
AD 1885                             }
P. Emerson                         }
Comm^r                                }
------------

SUPREME COURT OF NEWFOUNDLAND.
--------------------------------------------

S^t John's          }
TO WIT          }
Michael H. Carty of S^t John's Barrister at Law maketh oath and saith that on the fourth day of October A. D. one thousand eight hundred and eighty five at Codroy Valley he, this Deponent, was present and did see Right Reverend Thomas Sears late of Codroy Valley Prefect Apostolic the Testator named in the paper writing hereto annexed, duly sign, publish and declare the said annexed paper writing as and for his last Will and Testament, in the presence of this Deponent and of James W. Keating the other subscribing witness thereto. That Deponent and said James W. Keating then and there signed their names to such Will as such witnesses, in the presence of the said Testator and of each other ------------------------------------------------------------------------------------------------ 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, in  }
the Island aforesaid, this 19^th                }
day of October                                        }                    Michael H. Carty
A.D. One Thousand Eight Hundred      }                       ------------------
And Eighty five                                        }
Otto Emerson
Comm^r