William Dowden

(Transcriber's Note: a few of the pages of this will are in very poor condition with parts of the page, such as in the following one, missing altogether along with some data.)

??? Court of Newfoundland
---------------

I do swear that I believe that William Dowden of the City of Hamilton in the County of C??? Province of Ontario, Dominion of Canada Baker ???, died with a Will; and that I will well and truly administer ??? ??? every the Goods of the said deceased and pay his debts, so far as ??? Goods will extend; and that I will exhibit a true, full and perfect ???ry of the said Goods of the deceased, and render a true account of the ???istration 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 ??? ??? ??? the Goods, Rights, Chattels, Assets, Credits and Effects of the said ??? ??? ??? died possessed of within the jurisdiction of this Court, do not, according to the best of my knowledge, judgment and belief, amount to the value of seven hundred dollars.

Sworn before me, at St. John's the 23^rd day of
June in the year of Our Lord One Thousand           J. S. Winter
Eight Hundred and Eighty-Eight.

Geo. I. Adams
Commissioner of Affidavits

Hamilton, Ontario

??? ??? of Canada

Baker

Dated: 23^rd June 1888

Admin ??? granted to The Hon^ble

James S. Winter

St. John's  Qc?

Sureties

            Hon. J.S. Winter be? on his
own recognizance

Estate sworn under $700.00

UNTO THE SUPREME COURT OF NEWFOUNDLAND

The petition of Amelia Taylor, the wife of Peter Taylor of the City of Hamilton in the County of Wentworth, Province of Ontario and Dominion of Canada, Baker

Humbly Sheweth

1. That William Dowden late of the City of Hamilton in the County of Wentworth and Province aforesaid, deceased, died on or about the Sixteenth day of August in the year of our Lord one thousand eight hundred and eighty-four at the said City of Hamilton, and that the said deceased at the time of his death had his fixed place of abode at the said City of Hamilton in the said County of Wentworth.
2. That the said deceased in his life-time duly made his Will and Testament bearing date the Eleventh day of December in the year of our Lord one thousand eight hundred and eighty-three.
3. That your Petitioner is the executrix named in the said Will.
4. That the only estate, real or personal of the said deceased, which he in any way died possessed of or entitled to and for and in respect to which probate of the said Will is to be granted, was some real estate in Ballyhally near Saint Johns in the Island of Newfoundland which estate mentioned in said Will and is of or about the value of            dollars, to the best of your Petitioner knowledge and belief.

(marginal inscription)
"Witness ???

Wherefore your petitioner pray that probate of the said Will of the said deceased may be granted to her by this Honorable Court.
Dated the 15^th day of March A.D.
Amelia Taylor

SUPREME COURT OF NEWFOUNDLAND

IN THE MATTER OF:
WILLIAM DOWDEN
Deceased.

I, AMELIA TAYLOR, of the City of Hamilton, in the County of Wentworth, the wife of Peter Taylor, of the same place, Baker, make oath and say;

1. That I am the lawful daughter of the said William Dowden, deceased.
2. That said deceased died on or about the Sixteenth day of August in the year of our Lord one thousand eight hundred and eighty four at the City of Hamilton, in the County of Wentworth, in the Province of Ontario and Dominion of Canada, and that the said William Dowden deceased formerly resided at Ballyhally in the Island of Newfoundland, but at the time of his death had his fixed place of abode at the City of Hamilton.

                                Sworn before me at Hamilton aforesaid this
                                15^th day of March A.D. 1888 in the Province of
Amelia Taylor        Ontario and Dominion of Canada.
(official stamp: the seal of the office of the Registrar)
William Dorran?
Mayor of the City of Hamilton, Ontario
Canada

SUPREME COURT OF NEWFOUNDLAND

In the Dominion of
Canada County of
Wentworth Hamilton
To Wit

I Charles Alexander Mitchell of the City of Hamilton aforesaid, Law Clerk maketh oath and saith that on the Eleventh day of December AD one thousand eight hundred and eighty three at Hamilton aforesaid he, this Deponent, was present and did see William Dowden formerly of Ballyhealy in the island of Newfoundland but late of Hamilton aforesaid the Testator named in the paper writing hereto annexed, ^{marked "a"} 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 Elias Vernon of Hamilton aforesaid Doctor of Medicine, the other subscribing witness thereto. That deponent and said Elias Vernon then and there signed their names to such Will 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 the said Testator was of sound and disposing mind memory and understanding to the best

of Deponents knowledge and belief.

Sworn before me
at Hamilton
aforesaid this
fifteenth day                                 C A Mitchell
of March AD one
thousand eight hundred
and eighty eight.

G Sinclair
Judge of the County Court
of the County of Wentworth
in the Province of Ontario
and Dominion of Canada
the said County Court ???
a Court of Record in the
said Province.

Will

of

William Dowden

(Written on the side of this page)
Fiat for? admin
C.T.A. ??? Estate of
late William Dowden
granted to Hon. J. S.
Winter 4 Jun /88
J J Nettle?
C. J.

This is the Last Will and Testament
of me

William Dowden formerly of Belhally in the Island of Newfoundland, Farmer but now of he City of Hamilton in the County of Wentworth and Province of Ontario:
I give devise and bequeath unto my daughter Amelia Taylor the wife of Peter Taylor of the said City of Hamilton, Grocer, all the estate, both real and personal that I may die ??? and possessed of.
And I hereby nominate and appoint my said daughter, Amelia Taylor, to be the sole Executrix of this my last Will and Testament and hereby revoke all former Wills by me made.
In Witness whereof I have hereunto set my hand this Eleventh day of December AD 1883.

William Dowden

Signed by the said Testator William Dowden, as his last Will and Testament in the presence of us present at the same time, who at his request, in his sight and presence and in the presence of each other have subscribed our names as attesting Witnesses.
C A Mitchell
of the City of Hamilton, Law Clerk
E Vernon           " Do

A
In the name of God Amen
This is the last Will and Testament of me William Dowden of St. Johns Farmer. I being of sound mind memory and understanding do hereby bequeath unto my youngest son Richard Dowden all my lands tenements Goods Chattels moneys and property of every description, that I may die possessed of, for his own use, but not to be subject to any debts Contracted by him, and I appoint him the said Richard Dowden executor of this my last will and Testament and I hereby revoke all other wills made by me.
In witness whereof I the said William Dowden have hereunto set my hand at Saint Johns in the Island of Newfoundland this eighteenth day of September Anno Domini one thousand eight hundred and eighty two.

Signed published and
declared as and for
the last will and                                 William Dowden
testament of me
William Dowden at                                    
Saint John's aforesaid
this 18^th day of September
AD 1882 in the presence
of us and each of us and
in the presence of each other
(unable to decipher last two lines)

B J Parsons?
William Patterson

1882

Last will
and Testament
of William Dowden
of Saint Johns
Farmer

Dated Sept 18, 1882

The affidavits are improperly set out or handed? as of made in this Court or sworn before a party having power to administer an oath as a Commissioner of this Court.
The Petition of Mrs. Taylor is not sworn to - But aside from these defects in the proof of the statements in the petition of the Executor of the Will, which might not be sufficient to prevent the Court from receiving the document as the last Will of deceased, I consider it necessary in order to permit of probate being granted as now moved for, that the Testatrix should either be within the jurisdiction of this Court at the granting of probate or that some party residents here should be duly authorized by her to apply for adm'n C.T.A. to the Estate of the deceased.

(illegible initials)

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

Be it Remembered That on this 23^rd day of June in the 52^nd 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-eight personally appeared the Honorable James S. Winter one of Her Majesty's Counsel of St. John's in the Central District of Newfoundland, and did acknowledge himself to be held and firmly bound to our said Lady the Queen, Her Heirs and Successors, in the penal Sum of fourteen hundred Dollars to be had, made and levied on his Goods, Chattels and Effects, if Default is made in any of the conditions following :---

Now the Condition of this Obligation is such, that if the above bounden Honorable James S. Winter as Administrator cta of the Estate and Effects of William Dowden late of City of Hamilton, Province of Ontario, Dominion of Canada Baker 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 him the said Hon. James S. Winter as such Administrator or to the hands or possession of any other person, or persons, for him and the same so made do exhibit, or cause to be exhibited, in the Supreme Court of Newfoundland, at or before the 23^rd  day of December 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 him the said Hon. James S. Winter or to the hands or possession of any other person or persons for him shall well and truly administer according to Law, and further shall make, or cause to be made, a just and true account of his said Administration, on or before the 23^rd day of June which will be in the Year of Our Lord One Thousand Eight Hundred and Eighty-nine and afterwards from time to time as he 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 in 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                      J.S. Winter
in the presence of

Geo. I. Adams
Comm. Affts

In the  Supreme Court
Probate Side

In the matter of the Estate of William Dowden late of Hamilton in Canada Farmer deceased at the instance of Amelia Taylor of Hamilton aforesaid daughter of said deceased claiming as sole executrix and Legatee under the Will of said deceased.
The answer of Richard Dowden to the Citation of said Amelia Taylor aforesaid who saith that his late father William Dowden before leaving Saint Johns Newfoundland made published and declared his last will and Testament by which he bequeathed the whole of his Estate and Effects to him the said Richard Dowden and appointed him executor - and the said William Dowden was indebted to Respondent in a large sum of money for work and service rendered him during his lifetime.
That copy of said will is hereto annexed and a notice posted

in the office of the Chief Clerk and Registrar for Probate. That the said Amelia Taylor is not a resident of Newfoundland and Respondent disputes the validity of any other will but the one made in his favor by his said father.
Dated at Saint Johns this 23^rd day of June A.D. 1888

R.J. Parsons
Proctor for
Richard Dowden

1888

Supreme Court
Probate Side

In the matter of
the will of
the late
 William Dowden

Filed 25^th April 1888

Copy

A
In the name of God Amen
This is the last Will and Testament of me William Dowden of St. Johns Farmer. I being of sound mind memory and understanding do hereby bequeath unto my youngest son Richard Dowden all my lands tenements Goods Chattels moneys and property of every description, that I may die possessed of, for his own use, but not to be subject to any debts Contracted by him, and I appoint him the said Richard Dowden executor of this my last will and Testament and I hereby revoke all other wills made by me.
In witness whereof I the said William Dowden have hereunto set my hand at Saint Johns in the Island of Newfoundland this eighteenth day of September Anno Domini one thousand eight hundred and eighty two.

Signed published and
declared as and for                                       Sgd.
the last will and                                            William Dowden
testament of me
William Dowden at
Saint John's aforesaid
this 18^th day of September
AD 1882 in the presence
of us and each of us and
in the presence of each other
(unable to decipher last two lines)

Sgd. B J Parsons?
Sgd. William Patterson

Notice

After three days application will be made to the Honorable the Supreme Court or to one of the Honorable the Judges thereof for Probate of the Will of William Dowden late of Hamilton in Canada Farmer deceased to be granted to his daughter Amelia Taylor of Hamilton aforesaid Sole Executrix and legatee named in Said Will
St. Johns April 12, 1888
D Morrison
Proctor for applicant

(Written in margin) G.I.A.

(Transcriber's note: The following notation is written directly onto, over, and at right angles to the above notice:)

"Caveat"

Let nothing be
done in this matter
without notice to
B J Parsons
Proctor for
Richard Dowden
June 16.1888

In the Supreme Court
Probate Side

In the matter of the estate of William Dowden late of Hamilton in Canada Farmer deceased at the instance of Amelia Taylor of Hamilton aforesaid daughter of said deceased claiming as Sole Executrix and legatee under the will of said deceased
It is ordered that Richard Dowden of Saint Johns do shew cause if any he ??? have why Probate of the will of the said William Dowden deceased should not be granted to the said Amelia Taylor by filing in the Registrars Office and serving upon the said Amelia Taylor or her Attorney an answer containing the grounds upon which he resists such grant within four days after the service of this citation otherwise the claim of the said Amelia Taylor taken to be admit??? by him.
Dated at Saint Johns this 18^th day of April 1888.

J. Nibble?
CJ
D. Morrison
Proctor for Amelia Taylor

Supreme Court
Probate Side

In the estate of
William Dowden
late of Hamilton
Canada Farmer
deceased

Citation

Served copy at R. J. Parsons
office Apl 19^th at 10:50 am
(Illegible signature)

Morrison

KNOW ALL MEN

By these presents that I Amelia Taylor of Hamilton in Canada wife of Peter Taylor of Hamilton aforesaid Baker sole Executrix of the last will and testament of my father William Dowden formerly of Bally Haly near Saint Johns Newfoundland but late of Hamilton aforesaid Farmer deceased have made ordained constituted and appointed and by these presents do make ordain constitute and appoint J.S. Winter of Saint Johns aforesaid, Barrister my true and lawful attorney for me in my name and on my behalf as Executor aforesaid to apply to the Honourable the Supreme Court of Newfoundland for Letters of Administration of the Estate and effects of said William Dowden deceased with the said Will annexed to be granted to my said attorney and for the purpose of such application for me in my name and on my behalf as Executrix aforesaid to make sign and execute all such papers documents and writings of every description as shall be necessary and generally to act as my attorney in all matters connected with the application for and completion of the said administration as full and effectively as if I were personally present and did the same I hereby agreeing to ratify confirm and allow all and whatsoever may be lawfully done and suffered by my said attorney in the premises by virtue hereof

Witness my hand and seal at Hamilton aforesaid this Twenty first day of May Anno Domini One thousand eight hundred and eighty eight.

Signed sealed
and                                            Amelia Taylor
delivered in presence of

F. R. Waddell

Canada
Province of Ontario
County of Wentworth           I Frank Russell Wadell
City of Hamilton                   of the city of Hamilton in the
To Wit                                    County of Wentworth and
Province of Ontario Barrister at law make oath and say as follows:

1. I was personally present and did see the above Power of Attorney duly signed sealed and executed by Amelia Taylor the party thereto.
2. That the said Power of Attorney was executed at the said City of Hamilton.
3. That I know the said party
4. That I am a subscribing witness to such Power of Attorney

Sworn before me at the City of Hamilton
in the County of Wentworth, Province of
Ontario this            day of May AD 1888
(official seal of the office of F R Waddell)

William Doran                      F.R Wadell
Mayor of Hamilton

Power of Attorney

Amelia Taylor
Executrix of will of
William Dowden deceased

______ to ______

J.S. Winter

Dated this 21^st day of
May A.D. 1888