GEORGE LOMOND
          1886

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

(RTS)
Channel
St. John's         }
To Wit             } I do swear that I believe that George Lomond, late of Grand Bay deceased, died without a Will; and that I will well and truly administer all and every the Goods of the said deceased and pay his debts, so far as his Goods will extend; and that I will exhibit a true, full and perfect Inventory of the said Goods of the deceased, and render a true account of his Administration into the Registry of the said Court, within six months from the date hereof or when I shall be thereunto lawfully required; and that the whole of the Goods, Rights, Chattels, Assets, Credits and Effects of the said deceased which he died possessed of, within the jurisdiction of the Court, do not, according to the best of my knowledge, judgment and belief, amount to the value of nine hundred dollars.

(RTS) Sworn before me, at St. John's ^Channel,          }
the Fifteenth day of April, in the year of Our             }Sarah X ^{her mark} Lomond
Lord One Thousand Eight Hundred and Eighty         }
Six, after being read over and explained to
said deponent.
R. T. Squarey, J.P.
Commissioner of Affidavits.

1886
Estate of George Lomond
late of Grand Bay
in the Southern District
Planter, deceased
Dated 24^th April
Admin C.1.d? granted to
Sarah Lomond of Grand Bay.
Sureties 
Thomas P. Quinton
John E. Horman
Estate sworn under
          $900.00

A

In the name of God, Amen. I, George Lomond, planter, of Grand Bay, Channel, Newfoundland, being sound in mind and body, do this second day of December, Eighteen Hundred and Seventy Six, make and publish this my last Will and Testament in manner following, that is to say I give to my wife Sarah all my property, real and personal during her life time and widowhood and at her death or marriage, all my property, real and personal, money or whatsoever I should be possessed of, shall be divided as follows, my dwelling house at Grand Bay to my Son George and an equal share with my other children of the rest of my property. Each of my sons and daughters are to have equal shares of all I am possessed of at the death or marriage of my Widow in case I should die first.
And I make and constitute and order my friend and Clergyman, the Revd T. A. Foote of Channel to be the Executor in Trust for my family, and that he shall retain all his charges and expenses whatsoever in relation to his said Trust.

In witness whereof I, the said George Lomond, have to this my last Will and Testament set my Hand and Seal the second day of December and the year Eighteen Hundred and Seventy Six.

Signed, sealed and delivered by the
Testator, as and for his last will and                              George X ^{his mark} Lomond
Testament in the presence of us who
were present at the signing and
sealing thereof.
Frederick Cox Commissr
Frederick Cox Jr

I, Frederick Cox, Jr., of Channel, in the Southern District of the Island of Newfoundland, Clerk, make this Oath and Saith that I was present and did see George Lomond of Grand Bay in the said District, the Testator of the within Will named, duly sign, seal and execute the same.
Sworn before me at Channel, this
Fourteenth day of September, A.S. 1885.
R. T. Squarey
(Bottom of page torn, unreadable.)

Newfoundland          }
Channel                    }
To wit                       }

Frederick Cox, Jr., of Channel, aforesaid Clerk, maketh oath and saith that on the Second day of December Anno Domini Eighteen hundred and seventy six at Channel he this deponent was present and did see George Lomond, the testator named in the paper writing hereto annexed, duly sign by making his mark, publish and declare the same as and for his last will and testament in the presence of this deponent and of Frederick Cox, the other subscribing witness thereto, that before so signing the said paper writing as aforesaid, the same was read over and explained to the said testator in the presence of deponent and said Frederick Cox, that deponent and the said Frederick Cox then and there subscribed their names to the said paper writing as such witnesses in the presence of the said testator and of each other, all present at the same time, that the said testator at the time he so signed and published the said paper writing, was of sound and disposing mind, memory and understanding to the best of deponents knowledge and belief.

Sworn before me at Channel aforesaid,
this first day of March A.D. 1886                                        Frederick Cox Jr.

R. T. Squarey, J.P
Commissioner Affidavits

George Lomond's
          Will

B

I George Lomond of Grand Bay, in the Southern District of Newfoundland, Planter, make this my last will.
I give, devise, bequeath my estate and property, real and personal, as follows, that is to say:
I give unto my sons Eli and William my dwelling house situate at Grand Bay with all the land attached, share and share alike.
I also give unto my said sons my fishing skiff flat, nets and all my fishing gear and I hereby stipulate that they Eli and William my said sons will in consideration of this my last will maintain and support Sarah my wife, their mother, during her life, showing her every kindness and consideration that a parent has a right to expect from her children.

I appoint my wife executrix of my will.

In witness whereof I have signed and sealed and published and declared this instrument as my will at Grand Bay on this the nineteenth day of February A.D. one thousand eight hundred and eighty three

The said George Lomond at said Grand Bay on said nineteenth day of February signed and sealed this instrument, and published and declared the same as and for his last will and we at his request and in his presence and in the presence of each other, have hereunto written our names as subscribing witnesses. the contents having first been read over and explained to testator.
Albert Edward Buttery
James Hines

I James Hines of Grand Bay in the Southern District of the island of Newfoundland Fisherman maketh oath and say that I was present and did see George Lomond of Grand Bay aforesaid, the testator in the annexed write and duly put his mark to the same. I also solemnly swear that at the time the said George Lomond put his mark to the said will, I thought him mentally incapable of signing any document. That at the time he was seriously ill and that he was lying helplessly in bed. That he also appeared to be childish and that he did not appear to know what he was doing. I also swear that when witness Albert Edward Buttery was present and did see the testator execute the will by putting his mark thereto, all present at the same time. That the said will was read over to the testator in a low tone but that it was not explained to him. That it was not read over or explained to Albert Edward Buttery the other witness or myself and that I did not know the contents of the document witnessed, but that I understood it was a will of some sort.
James Hines

Sworn to before me at
Channel in the said District
This fourth day of December
A.D. 1885

R. T. Squarey J.P.
Commissioner of Affidavits
Supreme Court 

I Albert Edward Buttery, of Grand Bay in the Southern District of the island of Newfoundland, fisherman, maketh oath and say that I was present and did see George Lomond of Grand Bay, aforesaid, the testator in the annexed will named, duly put his mark to the same. I also solemenly swear that at the time the said George Lomond put his mark to the said will, he was mentally incapable of signing any document That at the time he was suffering from Erysipelas and that he was lying perfectly helpless in bed. That he was also perfectly?? Childish. That he was about eightly years of age and that he did not appear to know what he was doing. I also swear that my wife is a daughter of the said George Lomond and Sarah his wife, and that I had lived two years in the house with the said George Lomond and had therefore sufficient experience and was in a position to notice the said George Lomond's mental incapacity. I also swear that the other witness, James Himes, was present and did see the testator execute the said will by putting his mark thereto, all present at the same time. That the said will was read over to the testator in a low tone but that it was not explained to him. That the said will was not read over or explained to James Hines the other witness or myself and that I did not know the contents of the document I witnessed, and that I understood it was a will of some sort
Albert Edward Butter

Sworn to before me at Channel
In the said district this fourth
Day of December A.D. 1885
R. T. Squarey J.P.
Com. Affidavits
Supreme Court

Newfoundland

Southern District     }
Channel                   }
To wit                      }
We Isaac Lomond of Rocky Barrisway
James Lomond of same place, John Lomond of Grand Bay, Joseph Lomond of same place; Eli Lomond of same place; William Lomond of same place; Tamay Matthews of same place Elizabeth Buttrey of same place; Mary Kettle of same place; and Hannah Pike of Channel, children of George Lomond late of Grand Bay in the said district - planter deceased do believe that the said George Lomond was not of sound and disposing mind memory and understanding but utterly incapable of signing and understanding any paper writing at the time he so signed will dated the nineteenth day of February eighteen hundred and eighty-three, and further we consent that letters of administration cum testament annex be granted to Sarah Lomond, his widow, to will dated the second day of
December eighteen hundred and seventy-six
In testimony whereof we have hereunto our hands and seals subscribed and set this twenty-fifth day of January eithteen hundred and eighty-six.
Issac his x mark Lomond                    Eli his x mark Lomond
James his x mark Lomond                  William Lomond
John his x mark Lomond                    Tama her x mark Matthews
Joseph his x mark Lomond                 Elizabeth her x mark Buttery
Hannah her x mark Pike
Mary her x mark Kettle
Acknowledged before me at Channel
Aforesaid, this 25^th day of January A.D.
1886 having first been read over and
Explained to said deponents.
R. T. Squarey J.P.
Com Affidavits

Notice

After three days from date hereof application will be made to the honourable the Supreme Court or to one of the Honourable the judges thereof for probate of the will of George Lomond late of Grand ^Bay in the southern district planter deceased to be granted to his widow Executrix named in the will
St Johns Newfoundland
December 19^th 1885
George Le Messurier
Proctor for Sarah Lomond
Widow of deceased

Certificate

I hereby certify that the notice on the other side hereof written was posted up in my office on the day of the date thereof and that it remained so posted since that date and further that no caveat or other objection has been entered there.
St. Johns Newfoundland
This 23^rd day of December A.D. 1885
Otto Emerson
Asst Clk.

To the Honourable the Supreme Court of Newfoundland or to one of the Honourable the Judges thereof

The petition of Sarah Lomond of Grand Bay in the Southern District of Newfoundland widow

Humbly Sheweth

That George Lomond late of Grand Bay aforesaid Planter, deceased died on or about the fifth day of February Anno Domini eighteen hundred and eighty-five with two wills which are hereunto annexed marked A and B and duly proven

That at the time of the decease of the said George Lomond he was possessed of property of the probable value of eight hundred dollars

Reverend T. A Foote was appointed executor in trust but he has since left the country

That Albert Buttery and James Hines the subscribing witnesses to will marked B who prove same swear that the said testator was at the time he so signed said will mentally incapable of signing any document in bed that he appeared to be childish and did not appear to know what he was doing and the said Albert E Buttery further swears that his wife is a daughter of said testator that he had lived two years in the house with the said testator had therefore sufficient experience and was in a position to notice the said testators mental incapacity

That no letters of probate or administration have been granted

Your petition therefore humbly prays that your Honourable Court or one of the Honourable the judges thereof will make such order as to the citation of all parties concerned in proof of will in solemn form or otherwise as may seem just and proper

And as in duty bound will ever pray
Grand Bay Newfoundland
This 4^th day of December A.D. 1885

Witness
R. T. Squarey

Newfoundland     }
Channel to wit      }
Sarah Lomond of Grand Bay in the southern district of Newfoundland the petitioner named in the foregoing petition maketh oath and saith that the several matters and things therein set forth, are just, and true to the best of deponents knowledge and belief

Sworn before me at                                        Sarah her x mark Lomond
Channel aforesaid
This fourth day of
December A.d. 1886
Having first been read over and explained
To said deponent
R. T. Squarey J.P.
Commissioner of Affidavits
Supreme Court

Supreme Court

In the matter of the
Estate of George Lomond
Grand Bay in the
Southern District
Planter deceased

Petition and officiant?

Tet????? of just
Will be granted to this widow
N J Pinsent
C. J.

Supreme Court of Newfoundland
----------------

Be it Remembered, that on this fifteenth day of April in the forty-ninth year of the Reign of our Sovereign Lady Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c, and in the Year of Our Lord One Thousand Eight Hundred and Eighty-six personally appeared Sarah Lomond of Channel in the Southern District widow Thomas P Quinton of Channel aforesaid Clergyman and John E. Harman of Channel aforesaid mercantile agent and did acknowledge themselves to be held and firmly bound to our said Lady the Queen, Her Heirs and Successors, in the penal Sum of eighteen hundred Dollars, to be had, made and levied on their Goods, Chattels and Effects, jointly and severally, if Default is made in any of the conditions folloing:

Now the Condition of this Obligation is such that if the above bounden Sarah Lomond as Administratrix ^R.T.S. cum ^{testament ???} of the Estate and Effects of George Lomond late of Channel deceased, do make, or cause to be made a just, true, and perfect inventory of all and singular the Goods, Credits and Effects of the said deceased, which have or shall come to the hands, possession, or knowledge of her the said Sarah Lomond so such administratrix or to the hands or possession of any other person, or persons, for her and the same so made do exhibit, or cause to be exhibited, in the Supreme Court of Newfoundland, on or before the fifteenth day of October next ensuing the date hereof; and the said Goods, Chattels, Credits and Effects, and all other the Goods, Chattels, Credits and Effects of the said deceased, at the time of his death, or which at any time afterwards shall come into the hands or possession of her the said Sarah Lomond or to the hands or possession of any other person or persons for her shall well and truly administer according to Law, and further shall make, or cause to be made, a just and true account of her said Administration, on or before the fifteenth day of April which will be in the year of Our Lord One Thousand Eight Hundred and Eighty-seven and afterwards from time to time as she shall be lawfully required. And all the rest, residue, and remainder of the said Goods, Chattels, Credits and Effects, which shall be found remaining upon the said Administration Account, the same being examined and allowed by the said Supreme Court of Newfoundland, shall and do pay and dispose of is due course of Administration, or in such a manner as the said Court shall direct; then this obligation to be void and of no effect, or else to be and remain in full force and virtue.

Signed and Sealed
In presence of,
(after being read over and explained, to          Thomas P. Quinton
Said Sarah Lomond
R. T. Squarey                                              John E. Herman