Mary Doyle
          1887

Newfoundland          }
IN THE SUPREME COURT. }

AFFIDAVIT.

You shall swear that you believe this to be the true Last Will and Testament of Mary Doyle late of Torbay in the Central District of the Island 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 Su - preme 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 Mary Doyle   -----------------------------------     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    thousand     -------------------------------- Dollars.

SO HELP YOU GOD.

SWORN before me, at St. John's }
    this    27^th          }                              Moses his X mark Power
August A.D., 1887 }

          Otto Emerson
having been first read over & explained
Commissioner of Affidavits, Supreme Court

(trifold page)

1887
Estate of Mary Doyle
late of Torbay
in the Central ---District
Widow----deceased
Dated   August 27 : 1887
------------------------------

Probate granted to Moses Power
of Torbay aforesaid/ ---
The Executor  named in the Will.
------------------------------

Estate sworn under. $2000 ⁰⁰/100
------------------------------

(in upper left margin framed by lines above and below) G. H ??? 'A'

This is the last Will and Testament of me Mary Doyle of Torbay Widow of Nicholas Doyle late of Torbay deceased .First _ That piece of land and premises   on which I now reside bounded on the West by James Phelan and Jeffery Mo?y East by Ros? leading to Stage North by Waters of the Ocean   South by John Phelan I give devise and bequeath to Patrick Power son of late Patrick Power and Pierce Power son of Moses Power to be equally divided between them share and share alike from the Main Road o? Phelan's land to the Water's edge. ­I give devise and bequeath my dwelling House Barns outhouse stages and flakes to the aforesaid Pierce Power and Patrick Power with the proviso that the said Dwelling barns outhouses stages and flakes shall be valued by my Executor and if the said Patrick Power desire to take possession of the same he shall pay the said Pierce Power half the said value thereof , but if the said Patrick Power should not so desire then the said Pierce Power may Take possession of the same and pay to the said Patrick Power one half the said value thereof . Second I give desire and bequeath to Patrick Power (son of my cousin (1^st) Moses Power) that piece of land on the Hill bounded on the South by James Ryan   on the West by Martin Ryan   on the North &East by Michael Power .   Third I give devise and bequeath to Nicholas Doyle that piece or parcel of land he occupied at present bounded on the South by the Main Road on the West &north by Powers land On the East by the Road leading to Michael Powers ____ Fourth I give devise and bequeath to Patrick Power Senior , Pierce Power (Son of Moses Power) Patrick Power

Page 2

Junior and Nicholas Doyle the uncleared land formerly owned and possessed by my late father Pierce Power and willed to him by his father the late moses Power . Fifth I give devise and bequeath my feather bed and Watch to Patrick Power Senior _ Sixth I give devise and bequeath my cooking stove and two pictures ('Sacred Heart") to Nicholas Doyle_ Seventh I give devise and bequeath the furniture of my bedroom i.e. the bedstead chairs table carpet canvass mats couch in kitchen and than chairs covered ?n ??d to Peter Doyle    Eighth I give devise and bequeath to Moses Power Senior (son of James Power ) my chest of drawers and the glass ca? board ?n the kitchen    ninth I bequeath to Peter Doyle the sum of One hundred and Sixty dollars Tenth I bequeath To Nicholas Doyle the sum of One hundred and sixty Dollars_    Eleventh I bequeath to Mary Crary sister of my late husband the sum of forty dollars. 12^th I bequeath to the Sisters of the Torbay Convent the sum of f??? dollars each _ 13^th I bequeath to the Reverend M J Clarke in trust for the purpose of liquidating the debt at present on the altar of the Roman Catholic Church of Torbay the sum of two hundred dollars. 14^th Ibequeath to the Reverend M.J. Clarke or his successor the sum of forty dollars to be directed towards Masses for the repose of the Souls of my Self and my late husband . 15^th I bequeath the sum of forty dollars to the Reverend M J Clarke that I desire and direct that whatever horses and cattle I may die possessed of be sold and the proceeds thereof and the sum of forty dollars out of my

Page 3

Monys   I bequeath to the Reverend M J Clarke P P Torbay and his Successor to keep and mantan in a decently painted and repaired condition the pailing around the graves of my self and my late husband Sixteeenthly __ all other monys or property remaining after the payment and satisfaction of the above legacies and giving one decent Christian burial and the payment of my just debts and my funeral and testamentory expenses I give devise and bequeath to the REveren M J Clarke Parish Priest of Torbay and his successor for the Roman Catholic Church of Torbay to be devoted towards the building of an addition to the said Church in memory of, and for the benefit of the Souls, of myself and my late husband Nicholas Doyle-------------------------------------
      I appoint Moses Power Son of the late Patrick Power the Executor of this my last Will and Testament-------------------------------------
Dated at Torbay this Eighth day of July AD 1886.---------------------------
Signed published and declared by          }
the said Testatrix Mary Doyle as and     }
for her last Will and Testament in our     }
presence who in her presence and in the }                              Mary Doyle
presence of each other have hereunto      }
subscribed our  names as Witnesses         }
to the ??? Execution of the same .           }
            George H. Emerson ?c
                    Solicitor S Johns

             Mary    Cahill

Supreme Court   
Probate Side

St. John's
      S S.
          George H Emerson of St Johns Barrister at Law maketh oath and saith that he was present on the day of the date thereof and did see Mary Doyle the person whose name is affixed to the paper writing hereto annexed 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 Mary Cahill the other subscribing witness to the same and that immediately after the said Mary Doyle had so signed her said last Will and Testament as aforesaid this deponent and the said Mary Cahill then and there in the presence of the said Testatrix and in the presence of each other duly signed their names to the said Will as witnesses to the due execution of the same. And this deponent further saith that the said Testatrix Mary Doyle at the time of so making and signing her said last Will and Testament as aforesaid was of sound mind and understand -ing to the best of this deponents Judgment Knowledge and belief.

Sworn before me at St. Johns }
this   14^th day   of August       }                              Geo. H.yEmerson SC
   A.D. 1887.                           }
          Otto Emerson
                Comm^r

(two lines in upper left margin framed by a line above and below)
B
Geo.H.Emersonsc

Codicil to the Last Will and Testament of Mary Doyle of Torbay   Widow ____
First.   I hereby confirm my said last Will and Testament made on the Eighth day of July one thousand eight hundred and eighty six and hereby declare this as a codicil to the same . --. I hereby give and bequeath to Mary Power widow of Michael Power one suit of my best clothes one block one rocking chair one iron bedstead, bed and bedding - I give and bequeath to Jane Power wife of Patrick Power my woolen shawl and the remains of my clothes and two ??? quilts and one blanket - I give and bequeath to M^rs Martin Ryan my Passley shawl - I give and bequeath to Kate Poach the picture of Our Lord _ I give and bequeath to James Cantwell the picture of the ?iffle of Knock I give and bequeath to Percy Doyle of Nicholas one mirror _ I give and bequeath to my mother in Law M^rs Mary Doyle one pair of Blankets I give and bequeath to M^rs Edward Walsh three quilts - I give and bequeath to M^rs Rex Doyle one couterpain? and one quilt I give and bequeath to Moses Power of P?? one Kitchen table _ I give and bequeath to M^rs James Power one metal boiler - I will and direct that my carriage sleigh cart and wheels be sold

Page 2

if not disposed of before my death and the proceeds disposed of as follows: Five pounds of the said proceeds I will and bequeath to my Executor to be expended towards the building of the new convent at Torbay and the remainde to the Parish Priest for masses for the repose of the souls of myself my husband my parents and relations. I hereby revoke the bequest In my will to Mary Crary as I have ??? of ???.

Dated at Torbay this first
day of May   AD 1887 .
Signed , published and           }
Declared by the said ----         }                              Mary Doyle
Testator as and for a --            }
Codicil to her last Will           }
and testament in our presence }
who in her presence and in the}
presence of each other have     }
hereunto subscribe our             }
own names as witnesses ??       }
the due execution of the           }
same __ ----------------------------}
          Geo HyEmerson^sc
                                S o ?
          Martin Ryan

Supreme Court     
Probate Side

St. John's
       S S.
          George H Emerson of St Johns Barrister at Law maketh oath and saith that he was present on the day of the date thereof and did see Mary Doyle the person whose name is subscribed to the paper writing hereto annexed marked B duly sign publish and declare the same as and for a Codicil to her last Will and Testament in the presence as well of this deponent as of Martin Ryan the other subscribing witness to the same and that immediately after the said Mary Doyle had so signed the said codicil as aforesaid this deponent and the said Martin Ryan then and there in the presence of the said Testatrix and in the presence of each other duly signed their names to the said codicil as witnesses to the due execution of the same : and this deponent further saith that the said Testatrix Mary Doyle at the time of so making and signing the said annexed Codicil as aforesaid was of sound mind memory and understanding to the best of this deponents Judgement Knowledge and belief.
Sworn before me at St. Johns.
this   14^th day   of August A.D.1887.}                              Geo. H.yEmerson sc
   A.D. 1887.                              }
          Otto Emerson
                 Comm^r

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

          The Petition of Moses Power of Torbay Planter

Humbly sheweth

          That Mary Doyle of Torbay Widow died at that place in the present month of August having first made her last Will and Testament which is hereto annexed also a Codicil to the said Will also annexed hereto to the ??? ?? instrument have been duly proved upon the oath of one of the subscribing witnesses thereto
          That under and by virtue of the said Will Your Petitioner has been appointed Executor for the due execution of the same
          That deceased was possessed of property at the time of her death of the probable value of Two thousand dollars

Page 2

          That neither Probate to any Will, nor administration to the Estate, of deceased has as yet been granted to any one
          Your Petitioner therefore prays that Probate of the said will^{and codicil thereby} may be granted to him and as in duty bound he will ever pray
    S Johns August 17 : 1887

   Witness          }                                        Moses his x mark Power
been first read over }
and explained          }

Supreme Court

In the matter of the Will
of Mary Doyle, deceased

          S Johns }
              S.S.   }  Moses Power of Torbay deceased Planter maketh oath and saith that the contents of the foregoing Petition are correct and true to the best of this deponents judgment knowledge and belief .

Sworn before me at S Johns }
this 17^th day of August         }                    Moses his x mark Power
AD 1887----------------          }
(having been first read over
and explained------------ )
          Otto Emerson
                      Comm^r.

(trifold page)

Supreme Court
Probate Side

In the matter of the
Will of Mary Doyle
of Torbay Widow
deceased __

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

Fiat for probate
J.J. Little.
     A. J .

Geo. Hy Emerson
Proctor