David Candow

          1888

Newfoundland,

In the Supreme Court

AFFIDAVIT

You shall swear that you believe this to be the true last Will and Testament of David Candow late of Bonavista in the Northern District of the Island of Newfoundland Stipendiary Magistrate 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 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 David Candow deceased, and of which he died possessed, do not, according to the best of your knowledge, judgement and belief, amount to the value of five thousand dollars.

So help you God.
David Candow
J. Syme

Sworn before me, at St. John's,
this Fifteenth day
of September A.D., 1888 to the
said David Candow
and John Syme.
(??? Emerson)
Commissioner of Affidavits, Supreme Court.

Sworn before me at Bonavista this                 Jno G Skelton
17^th day of September AD 1888                    Robert E. Forbes
by the said John G Skelton and Robert
E. Forbes.                        Jno Webb?
                                        Commissioner of Affidavits

1888

Estate of David Candow
late of Bonavista
in the Northern District
Magistrate deceased

Dated 28 September 1888
Probate granted to David Candow
John Syme    John G. Skelton
and Robert E. Forbes
the Executors named in the Will

Estate sworn under $5000

To
The Honorable Sir F.B.T. Carter K.C.M.G. Chief Justice of the Supreme Court of Newfoundland---or to one of the Honorable the Judges thereof -

The Petition of David Candow Junior of Toronto in the Dominion of Canada but at present of St. Johns - Merchant - John G. Skelton of Bonavista in the Northern District of Newfoundland- M.D. Robert E. Forbes of same place- M.D. and John Symes of St. John's Gentleman -

Humbly Showeth

        That David Candow Senior late of Bonavista aforesaid Stipendary Magistrate - died at Bonavista aforesaid on the Twenty second day of August last leaving him surviving Four Sons - and one Daughter -
        That the said deceased left a Will which has been proven in due form of law on the affidavit of William Kough one of the subscribing Witnesses thereto, which said will

and proof are hereto annexed marked A & B respectively - that the said deceased made a Codicil to said will which had also been proven in due form - which said codicil is also hereto annexed marked C - and which has also been proven by the subscribing witness thereto - that in and under said Will and Codicil your Petitioners were appointed Executors-
        That the said David Candow Senior - at the time of his decease left property and monies of the probable value of five Thousand Dollars -
        Your Petitioners therefore pray that Probate to said will and Codicil may be granted to them and as in duty bound they will ever pray

Bonavista
Sept ? Fifth 1888

David Candow
Jno G. Skelton
Robert E. Forbes

Supreme Court
Newfoundland

Bonavista
to wit         John G. Skelton of Bonavista aforesaid.and Robert E. Forbes of same place - two of the Petitioners within named severally make oath and say that the Contents of the within written Petition are correct and true to the best of their knowledge and belief -

Sworn before           )
me at Bonavista        )
aforesaid this                                 Jno G. Skelton
fifth                                              Robert E.Forbes
day of September
A.D. 1888-
Jno Webb?              )
J.P.                          )
Commisioner of Affidavits

I will and bequeath after the death of my wife Ann Candow to my Son Archibald Candow my Large Mahogany Table Two Cane Bottomed? Chairs one drawing room chair with Leather Covered Seat and one Iron Bedstead with Feather bed & bedding - - - - - -
I will and bequeath after the death of my wife Ann Candow to my Daughter Ann Maye??, Prince wife of William Prince the Mahogany Chest of Drawers, the round Table, the Couch and melodeon - - - - - - - - - - - - - - - - - -  
I will and bequeath after the death of my wife Ann Candow to my Son David Candow at present residing in Canada The Side Board Mantle Mirror, Silver Tea and Coffee Service Barometer and Silver Fish Knife and Fork.
I will and bequeath after the death of my wife Ann Candow to my Son James Candow all my property situate in Bonavista that is to say Dwelling House outhouse and garden attached and also the Garden Known as the Shellys Garden, together with all my Household Furniture and other House - hold articles remaining after the above mentioned bequests are disposed of - - - - - - - - - - - - -
It is also my Express will and desire that after the death of my Wife Ann Candow the Government Debentures belonging to me, and the shares in the Water Company also belonging to me be sold and the Amount realized to be added to the Amount remaining on deposit in the Union Bank or any other Bank, and the amount remaining, after all expenses in conexion with my estate are paid, to be divided, Subject to the deduction to be hereafter specified, Amongst my Surviving Sons.

Sons and Daughter Ann Margaret Prince if she is living share and share alike, but in the event of Ann Margaret Prince aforesaid being dead her share to be divided amongst my surviving sons share and share alike - - - - - - - - I will and bequeath to my Grandson Errol Candow son of the late Robert Black Candow lately a resident of Canada the sum of Twenty pound currency to be deposited in the Union Bank in his name that is to say in the name of Errol Candow and there to remain until he Errol Candow attains the age of Twenty one years but in the event of his Errol Candow's death before attaining the age of Twenty one years the principle with accumulated Interest to be paid to my Grand-daughter Jessie Candow daughter of James Candow on attaining the age of Twenty one - - - - - - I appoint - - - - - - - - - ??? Jno G Skelton of Bonavista and John Syme of St. Johns and R.E. Forbes of Bonavista - - - - Executors of this my last Will and Testament.
In Witness where of I have set my hand this Fourteenth day of January one Thousand Eight Hundred and Eighty four
David Candow

Signed by the said Testator as his last Will andTestament in the presence of us who in his presence and at his request, and in the presence of each who have hereunto Subscribed our names as witness this Fourteenth day of January one Thousand Eight Hundred and Eighty-four.
Witness William Kough
Witness Robt. E. Forbes M.D.

C

Codicil to the written will - I the undersigned David Candow Testator in the written will, do hereby cancel and revoke that portion of Said Will where I bequeath my property in Bonavista to my Son James Candow, that is to say my Dwelling House outhouse garden and Land, the Said property as therein specified to be sold after my wifes (Ann Candow) death and the Amount realized to be divided amongst my surviving Sons or Daughter Share and Share alike as all other monies named herin. It is also my express wish and desire that no money in any shape be paid to any of my children after my decease ^??? during my wife Ann Candows widow-hood without the consent of all my executors only ??? monies as shall be necessary to he??? Ann Candows personal comfort an??? Support to be paid to my wife Ann Candow. Neither my wife Ann Candow nor any or all of my children to realize on? any portion, nor all of the aforesaid House outhouse garden Lands nor any other property belonging to me until after my wife Ann Candows death.
It is also my express wish and desire that my oldest son David Candow be one of my executors of the written will & of this Codicil.
Signed by the Testator as a                      )
Codicil to this last will & Testament         )                David Candow
in the presence of us who in his               )                William Kough
presence and in the presence of each       )                 R.E. Forbes
other and at his request ???                     )
Subscribed our names as Witness
this Seventh day of June 1884.               )

(Listed in the margin of this page)

(The last Will and
Testament of
David Candow
Stipendary Magistrate
Bonavista
January 14^th 1884)

Supreme Court
Newfoundland

Bonavista         ) William Kough of
to wit               )  Bonavista in the northern District of Newfoundland - Merchant - make the oath and saith that on the Fourteenth day of January one thousand eight hundred and eight four - at Bonavista aforesaid, this Deponent was present and did see David Candow late of Bonavista aforesaid 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 Robert E. Forbes, M.D. the other subscribing Witness thereto. That Deponent and said Robert E. Forbes then and there signed their names to such will as such Witnesses in the presence of the said Testator and of each other - and Deponent further saith that on the seventh day of June A.D. one thousand eight hundred and eighty four he this Deponent was present and did see David Candow late of Bonavista aforesaid the Testator named in the paper writing hereto annexed marked "C" duly sign publish and declare the said annexed paper - writing as and for his Codicil

to his said last will and Testament in the presence of this Deponent and of the said Robert E. Forbes M.D. the other subscribing witness thereto - That Deponent and said Robert E. Forbes then and there signed their names to such Will and 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 Will and said Codicil the said Testator was of sound and disposing mind memory and understanding to the best of Deponents knowledge and belief -

Sworn before me                )
at Bonavista in the Island     )
aforesaid this Fifth               )        William Kough
day of September A.d.         )
one thousand eight               )
hundred and eighty eight      )

                Jno Webb? J.P.
Commissioner of Affidavits

Supreme Court

In the matter of the
Will and Codicil of
David Candow -
late of Bonavista

Petition - affts.
Will & Codicil

T?? Probate be granted
??? ???
??? P???
???
Sep 14/88