John Downs
          1888

Certificate

I certify that the notice on the other side hereof written has been posted up in my office from the date thereof to the present and that no caveat or other objection has been entered thereto
Dated this 14 day of November A.D. 1888

Jos P. Carty
Asst Clerk

Notice

After three day from the date hereof application will be made to one of the Honorable The Judges of the Supreme Court of Newfoundland for Probate to the Will of John Downs late of St. John's Farmer deceased to be granted to Elizabeth Downs Widow of said deceased the Executrix named in said Will.
Dated at St. John's the 13^th day of November A.D. 1888

J.A. Clift
Solicitor for Executrix

(Offical seal of the Registrar's office dated November 13, 1888)

(Initials) J.P.C.

THE SUPREME COURT OF NEWFOUNDLAND

ST. JOHN'S    }
To WIT           }

James Augustus Clift of St. John's aforesaid Barrister at Law maketh oath and saith that on the third day of August A.D. one thousand eight hundred and eighty eight at St. John's he, this Deponent, was present and did see John Downs late of St. Johns Farmer the Testator named in the paper writing hereunto annexed duly sign, (by making his mark) publish and declare the said annexed paper writing as and for his last Will and Testament, in the presence of this Deponent and of Arthur Clift of St. John's aforesaid accountant the other subscribing witness thereto. That Deponent and said Arthur Clift then signed their names to such Will as such witnesses, in the presence of the said Testator and of each other - That previously to the said Will being so signed as aforesaid, by the said Testator and the said witnesses, it was read over to, and approved of by, the said Testator in the presence of Deponent and the said Arthur Clift. 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 Deponent's knowledge and belief.

SWORN BEFORE ME at St.       }            James Augustus Clift
John's, aforesaid, this 13^th           }
day of November                          }
A.D. One Thousand Eight Hun-  }
dred and Eighty Eight                   }

Jos. P. Carty
Commissioner

This is the last Will and testament of me John Downs of Freshwater Pond St. Johns in the Island of Newfoundland Farmer. I give devise and bequeath unto my wife Elizabeth Downs all and whatsoever lands property and effects of which I may die possessed - that is to say my farm Situate on the Freshwater Road containing my twenty eight acres of land - with the Dwelling House and all buildings and erections thereon together with the farming implements and Stock and all other goods chattels and effects which I now am possessed of or hereafter may become entitled to to hold the same absolutely and in her own right and to dispose of the same at any time as she may deem best, and I appoint my said Wife Elizabeth Downs executrix of this my last Will and testament.
In Witness whereof I the said John Downs have hereunto my hand and Seal subscribed and Set at St. Johns in the Island of Newfoundland this third day of August Anno Domini one thousand eight hundred and Eighty Seven

Signed by the Testator and acknowledged by
him to be his last will and testament in                         his
the presence of us present at the same time          John X Downs
who at his request in his presence and in                      mark
the presence of each other have subscribed
our names as Witnesses.
Having first been read over and Explained
Arthur Clift
J. Augustus Clift
Sol'r

Last Will

and Testament

of

John Downs

(Official seal of Registrars Office dated Nov 13 1888)

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

The Petition of Elizabeth Downs of St. John's in the Island of Newfoundland Widow

Humbly Sheweth

that your Petitioners Husband John Downs late of St. John's aforesaid Farmer died at that place on or about the Eighth day of July in the Year of our Lord one thousand eight hundred and eighty eight
That the said John Downs left him surviving his Widow your Petitioner and Five Children all of whom are over the age of Twenty one years
That the said deceased was at the time of his death possessed of property and effects within the jurisdiction of your Honorable Court of the probable Value of Twelve

Hundred Dollars
That the said John Downs prior to his decease made and published his last will and testament which said Will is hereto annexed and which has been proven in due form of law by the affidavit of James Augustus Clift one of the Subscribing Witnesses thereto
That under Said Will Your Petitioner is appointed Sole Executrix
That no Probate or Letters of administration have as yet been granted to said Estate
Your Petitioner therefore prays that Probate to the said Will may be granted to her
And as in duty bound she will ever pray
Dated at St. John's this
day of            a.D. 1888

Witness
having first been read over
and explained
J Augustus Clift

Supreme Court
           Newfoundland

St. John's          }
to wit                }Elizabeth Downs of St. Johns aforesaid Widow the Petitioner within named maketh oath and saith that the contents of the within written petition are to the best of deponents knowledge and belief correct and true

Sworn before me at
St. Johns aforesaid this                                        her
Seventeenth day of November             Elizabeth X Downs
A.D. 1888                                                             mark
Having first been read
over and explained

Geo. I. Adams
(the seal of Comissioner of Affidavits)

Supreme Court
Newfoundland

In the matter of the Estate
of John Downs late of
St. John's Farmer deceased

Petition of Widow
for Probate to Will

Fiat

A J Pinsent

Grt? _______

Mr? Clift - Solicitor for Petitioner

(Written on the side of page)
Sr??    3.75
???        .50
P??     1.50
aff         .75
will       .75
reg        .75
         $8.00

Newfoundland             }

In the Supreme Court  }

AFFIDAVIT
----------

You shall swear that you believe this to be the true Last Will and Testament of John Downs late of St. Johns in the Central district of Newfoundland, Farmer, deceaed

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 John Downs Deceased, and of which he died possessed, do not according to the best of your knowledge, judgement and belief, amount to the value of Twelve hundred and fifty dollars

So help you God

Sworn before me at St. John's
this 17^th day of  November A.D. 1888
by the said Elizabeth Downs having been
first read over and explained

Geo. I. Adams
Commissioner of Affidavits Supreme Court

Estate of John Downs

late of St. John's

In the Central District

Farmer deceased

Dated 17^th Nov'r 1888

Probate granted to Elizabeth
Downs
the Executor named in the Will

Estate sworn under $1250.00