Michael Fitzgerald
          1887

Estate of Michael Fitzgerald 1887
From LDS Microfilm #2057238

(The left edge of this page is damaged and as such the first 2 - 5 characters of each line are not legible. I have filled in a few spots as per previous documents)

NEWFOUNDLAND,        }
     In the Supreme Court.   }

AFFIDAVIT
----------

??ichael Fitzgerald late of Harbor Grace in Northern District of the Island of Newfoundland Fisherman deceased----------------

You shall swear that you will pay all the Debts and Legacies of the deceased, so far as the Goods shall (ext)end and the Law shall bind you ; and that you will exhibit a true, full, and perfect Inventory of (each?) and every the Goods, Rights and Credits of the deceased, together with a just and true account, (?)o the Registry of the Supreme Court of Newfoundland, when you shall be lawfully called thereto :
(?) you shall further swear that the whole of the Goods, Rights, Chattels, Assets, Credits and Effects (?).
(T?)he said Michael Fitzgerald          deceased, and of which he died pos-(sessed?), do not, according to the best of your knowledge, judgment and belief, amount to the value of   ??        one hundred ------------------------------ dollars

So help you GOD.

(Swo)rn before me, at St. John's, }
(T)his          7^th          day of         }
November A.D. 188 . }                                    James Callano?
?? (s)aid James Callanan and
Stephen Shea                                                  Stephen Shea
          Otto Emerson
          Commissioner of Affidavits, Supreme Court.

(tri-fold page - top edge torn & missing)

Estate of Michael Fitzgerald
late of Harbor Grace
in the Northern District
Fisherman deceased _

Dated Nov 7^th 1887

Probate granted to
James Callanan and
Stephen Shea the Executors
named in the Will

Estate sworn under $ 1000 ⁰⁰/₁₀₀

(This page is hanwritten & difficult to read)
March First 1887
I Michael Fitzgerald in my good ??
perfect Senses Elect?oin?
  if Threre The Boo? of money ?
                is Two Mr James Callana
after ?am?ed if There is any
money remains ma?a?e and ?.???
paid There is about Seven hundred
and 50-or 60 Dollars

if Thre is any money Left after I am Died
as my Fath?er Father Did Before me he Left
Five pounds For the Bish ??
Two pounds Ten Shillings

it is my own money nob odyElese
if In Case any thing might ?ap??
I Leave it in The hands of Those Two
men Hepre?? ?? This my own ??
          Michael Fitzgerals
          James Callanon
          Stephen Shea

(2 panels)
(Left panel, about 1/3 from bottom, running from right to left and upside down in reference to facing panel)
Michael Fitz gerald    Will

(right panel)                                                                                of the Diocese

March First 1887
I Michael Fitz gerald a Son of John Fitzgerld ?st his wil
he Left Thomas Fitzgereld wife and bri???
One hundred pounds Michael Fitzgerald his Son he Left gargeen?? and then michael Fitz g have it ??? them ??re? as he want it Ti'll the Too? the ?ol?
Sichn??s Death Bearings
I Drewe Same myself For them
Di?? Shey Drue?? Same For then
Captn James Fitz g erld ?ho? Son
Drew Some of it For them and his Self
Steph?? Shay Druewe the Last of it
There For the? For the=?m
gave up the Bank Ba?? Tw?
The Savings Bank The g ot it all
This is my own ?itheng ^{The g ot} all The mone?
Mich al     Fitz   gerald ^{That was} Se? ???
                                   --------------------------
                    I was Do??g For them The got that
                    all my Thime Se?re?ate
      ??tn?s                              James Collonon
                                                     Stephen Shea

Supreme Court on
Circuit          
Harbour Grace

Harbour Grace }
          S.S.         }
                         }Stephen Shea of South Side of
                           Harbour Grace Planter maketh oath and saith that he was present on the day of the date thereof and did see Michael Fitzgerald the Testator on the annexed Will named duly sign publish and declare the same as and for his last Will and Testament in the presence as well of this deponent as of James Callnon the other subscribing witness to the same - that immediately after the said Michael Fitzgerald had so signed as aforesaid this deponent and the said James Callahan then and there in the presence of the said Testator and in the presence of each other signed their names to the said will as witnesses to the due execution thereof _ and this deponent further saith that the said Testator Michael Fitzgerald at the time of so signing publishing and declaring his said 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    }
Grace aforesaid this Seventh   }
Day of November AD 1887    }                    Stephen Shea
Otto Emerson    }
           Comm^r

To the Honourable the Supreme Court on Circuit at Harbor Grace

          The Petition of James Callanan and Stephen Shea of Harbor Grace

Humbly Sheweth

          That Michael Fitzgerald late of South Side Harbour Grace Planter died at Labrador during the past summer of 1887 having first made his last Will and Testament which is here unto annexed proved upon the oath of Stephen Shea one of the subscribing witness thereto.
          That your Petitioner James Callahan is the sole legater under the said Will after the payment of a bequest for religious purposes
          That Your Petitioners understand and believe that by the said last clause in the said Will they are appointed the Executors thereof
          That deceased at the time of his death had a fixed place of abode within the jurisdiction of this Honourable Court ?? at Harbor Grace aforesaid.
          That neither Probate of any Will nor Administration to the Estate and effects of deceased has as yet been granted to any one--
                    ____Your
                    _____

Page 2

          Your Petitioners therefore pray that Probate of the said Will may be granted to them or that in the event of your Honourable Court considering the clause referred to in the said Will not sufficiently intelligible to grant Probate of the said Will to your Petitioners Your Petitioners pray that Administration With the Will annexed may be Granted to Petitioner James Callahan as Legates

          And as in duty bound Your Petitioners will ever pray
     Harbor Grace Nov 7 : 1887
          James Collonon
          Stephen Shea

Supreme Court on
            Circuit

In the matter of the
Will and Estate of      }
Michael Fitzgerald  }

                    James Callahan and Stephen Shea of Harbor Grace maketh oath and saith that they are the foregoing Petitioners and that the several matters and things in the foregoing Petition set forth are correct and true to the best of these petitioners Judgment Knowledge and belief
Sworn before me at       }
Harbor Grace this          }
7^th day of November    }                                       James Callanon
AD 1887 - By the said  }
James Callahan and    }                                       Stephen Shea
said Stephen Shea
          Otto Emerson
               Commr SC.

(trifold page)

Supreme Court
On Circuit.
Harbour Grace
----------

In RE Will and
Estate of Michael
Fitzgerald late of
the District of
Harbour Grace, Planter,
deceased -
-----------

Petition for Probate
of will
-------------

Geo.Hy Emerson J
S o l

Certificate

I hereby certify that the notice on the other side written was posted on the Court House door at Harbor Grace on the day of the date thereof and has remained there since this date and that no caveat or other objection has been entered thereto
          Dated at Harbor Grace this 7^th day
          of November AD 1887

                    Otto Emerson
                       Clerk on Nor. Circuit
                               ----------------

(Page very difficult to decipher)

In the Supreme Court on Circuit
                    ???

Two days from the ?? ?? ?? apply
to the Supreme Court on Circuit for Probate ?
this will of ?? ?? ?? of South Side
Harbor Grace ?? ?? ?? ?? ??
James Callanan and Stephen Shea the Executors
Named in the will

     Dated at Harbor Grace this 5^th day of Nov^r AD 1887
                    Geo Hy Emerson ??
    ?                    Proctor pr???
???               Executors --------

Supreme Court on Circuit
Harbor Grace        

In the matter of the Will
and Estate of Michael   }
Fitzgerald deceased      }

       Harbor Grace
                    to wit }          James Callahan and Stephen Shea Harbor Grace the witnesses to the annexed Will of Michael Fitzgerald make oath and say that at the making and signing of the said Will they were present and the same was duly read over and explained to these deponents by the said Testator . That the words in the said will "I leave it in the hands of these Two men here present" were explained and read over as aforesaid to deponents by the Testator and that the said clause should read and mean as herein expressed viz : "I leave it in the hands of those two men here present"

Sworn before me at Harbor  }
Grace this 7^th day of             }          James Collanan
November AD 1887 -- }
by the said James         }                   Stephen Shea
Callanan and the
said Stephen Shea
          Otto Emerson
             Comm^r S C .