Johanna Malone
          1886

NEWFOUNDLAND
In the Supreme Court

AFFIDAVIT.

You shall swear that you believe this to be the true last Will and Testament of Johanna Malone of Harbor Grace in the Northern District of the Island of Newfoundland, Widow.
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 Johanna Malone deceased, and of which she died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of Two Hundred Dollars.

So help you God.

Sworn to before me, at St. John's,                              Margaret Fitzgerald
this 22^nd July, A.D., 1886.
Otto Emerson
Commissioner of Affidavits, Supreme Court

1886
Estate of Johanna Malone
Late of Harbor Grace in
the Northern District,
Widow, deceased.
Dated 17^th August 1886.

Probate granted to
Joanna Fitzgerald,
the Executor named in the Will.
Estate sworn under $200.00

NOTICE

After three days 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 Joanna Malone, late of Harbor Grace, Widow, to be granted to Margaret Fitzgerald (formerly Costello) the sole executrix named therein.
St. John's, July 22, 1886
D. Morison, Proctor for Ex^x.
O.E.(initials written in margin of this page)

I certify that the notice on the other side hereof written was posted in my office on the day of the date hereof and has remained there until this day and that no Caveat or other objection has been entered thereto.
St. John's, August 6, 1996
Otto Emerson
A C^{S. Ct}.

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

The Petition of Margaret Fitzgerald (formerly Costello) of Harbor Grace, at present of Saint Johns, wife of Charles Fitzgerald

Humbly Shewith

That Joanna Malone late of Harbor Grace, widow, died there in the month of February AD 1884 having previously made and Executed her last will and testament which is hereto annexed and of which she appointed your petitioner sole executrix.
That said deceased at the time of her death was possessed of proberty of the probable value of one hundred and sixty dollars and that no probate of any will nor administration of the estate of said deceased has been granted to any person.
Petitioner therefore prays that probate of the will of said deceased may be granted to her.
And as is duty bound she will ever pray &c.
St John's, July 22, 1886
Margaret Fitzgerald

SUPREME COURT

Newfoundland
St Johns to wit}

Margaret Fitzgerald of Harbor Grace, at present of St Johns, wife of Charles Fitzgerald the petitioner named in the foregoing Petition maketh oath and saith the personal matters and things therein contained are correct and true.

Sworn to before me at St Johns                    Margaret Fitzgerald
this 22^nd day of July AD 1886.
Otto Emerson

Supreme Court
In the matter of the
estate of Joanna
Malone, late of Harbor
Grace, Widow, Deceased.

Petition of Executrix
for Probate
Fiat J J Little, A.J.
Morison

Whereas by letters of Administration bearing date Second day of September One Thousand Eight Hundred and Sixty One, nominating and appointing me Joanna Malone of the South Side of Harbor Grace, Administratrix of all and singular, the Estate and effects of my husband the late Thomas Malone of the same place, Planter
Now know ye that by virtue and authority of the same administration, being of sound and disposing mind, I do make and publish this my last Will and Testament. I give devise and bequeath unto my niece Margaret Costello of St. John's, Spinster and to her heirs, executors, administrators and assigns All that piece or parcel of land situate and being on the South Side of Harbor Grace aforesaid, and bounded on the North by the Sea, on the East by land belonging to Cornelius McCarthy, on the South by waste land and on the West by land belonging to Moses Shepperd, together with my Dwelling-house, cellar and two outhouses erected thereon, a cow and calf, all my household furniture, and other personal estate and effects whatsoever. And I appoint my said niece Margaret Costello Executrix of this my last Will and Testament. In witness whereof I have hereunto set my hand and seal this Twenty Ninth day of December, One Thousand Eight Hundred and Eighty-one.

Signed and sealed in presence of
James Graham,          }
John Hogan                }Witness

Proved before me at Harbor Grace, this second day of August A.D. 1886 by the affidavit of John Hogan, one of the subscribing witness, at or ??????
H. W Hapwell
Comm. Sup. Court

SUPREME COURT OF NEWFOUNDLAND

Harbor Grace
St. John's
TO WIT}

John Hogan of Harbor Grace in the Island of Newfoundland, Butcher, maketh oath and saith that on the 29^th day of December A. D. one thousand eight hundred and eighty one at Harbor Grace aforesaid he, this Deponent, was present and did see Joanna Malone late of Harbor Grace, Widow, the Testatrix named in the paper writing hereunto annexed, duly sign (by making her mark) and publish and declare the said annexed paper writing as and for her last Will and Testament, in the presence of this Deponent and of James Graham of Harbor Grace aforesaid, Cooper, the other subscribing witness thereto. That Deponent and said James Graham 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 by the said Testatrix in the presence of Deponent and the said James Graham 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.

John Hogan

SWORN BEFORE ME at aforesaid,
this Second day of August A.D. One
Thousand Eight Hundred and Eighty Six.

H. W. Hapwell
Commissioner.